India
11.11.03
Urgent Interventions

India : Police raid against People's Watch - Tamil Nadu

URGENT APPEAL - THE OBSERVATORY

IND 002/1103/OBS 061
Break in /Threats
India
November 11th, 2003

The Observatory for the Protection of Human Rights Defenders, a joint programme of FIDH and OMCT, requests your URGENT intervention in the following situation in India.

Brief description of the situation :

The Observatory has been informed by People’s Watch - Tamil Nadu (PW-TN), of the raid conducted by the police in its premises at Madurai, on November 5th. Mr. Henri Tiphagne, Executive Director of PW-TN was personally intimidated and threatened by senior police officials.

According to the information received, at about 7.30 a.m., several uniformed policemen and women, barring one inspector, Mr. Vellaiyan, without wearing their name badges, made a sudden entry into the PW-TN Office. They stated that they were authorised to search the premises by an order of the Judicial Magistrate, Sivakasi, allegedly for harbouring a criminal. They made unwarranted videographic intervention without any prior notice in the aim of searching a person accused in connection with crime no.129/2003 of M. Puthupatti Police Station within the jurisdiction of Sivakasi Taluk of Viruthunagar District of Tamilnadu. The police video graphed inside and outside of the People's Watch office. They refused to give the copy of the search warrant to Mr. Tiphagne, where he endorsed that no accused was found in the premises of PW –TN. The search was carried out between 7.30 a.m. and 9.11 a.m. It is also reported that, in the following night, a sub-inspector of police came to the premises of PW-TN and asked for the Director.

PW – TN is working for the promotion of human rights through human rights monitoring, intervention and education. The Executive Director of People's Watch-TN is also serving within the National Core Group on NGOs of the National Human Rights Commission (NHRC).

The Observatory fears that these events against PW-TN and his Director may be linked to their activities in the recently public hearings conducted by the National Commission for Women (NCW) and the State Commission for Women in Virudhunagar, Madurai on 27th and 28th October, 2003. PW - TN was one of the main human rights organisations which facilitated the deposing of numerous victims of police excesses before the NCW panel. It is reported that, during the hearing, Mr. Tiphagne was personally warned by some police senior officers who were present because PW – TN presented some cases of police excess including sexual abuses, kidnapping of children, of witnesses, etc. They threatened him saying that he and his staff would face serious trouble if they continue such exposure.

Action requested :

Please write to the Indian authorities urging them to:

i. Guarantee the physical and psychological integrity of Mr. Henri Tiphagne and ensure that an end be put to the threats targeting him and People’s Watch;
ii. Carry out an investigation to identify those responsible of the acts mentioned and bring them to trial;
iii. conform with the provisions of the Declaration on the Protection of Human Rights Defenders adopted on the 9th of December 1998, by the U.N. General Assembly, in particular article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels" and article 12(2) which states that “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration”;
iv. guarantee the application of the Universal declaration on Human Rights and Covenants and international Conventions ratified by India.

Addresses :

Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, India, Fax: 91-11-23017290 & 23017824, presidentofindia@rb.nic.in

Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857

National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-mail: ionhrc@hub.nic.in

Dr. Justice A.S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001, India, e. mail. chairnhrc@nic.in

Mr. Sorabjee Soli Jehangir, Attorney General of India, Office of the Attorney General of India, Supreme Court of India, Tilak Marg, New Delhi-110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10 Motilal Nehru Marg, New Delhi-110011,
Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014


Geneva - Paris, November 11th, 2003

Kindly inform the Observatory of any action undertaken, quoting the code number of this appeal in your reply.

The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the Emergency Line:
Fax : 33 (0) 1 55 80 83 92, E-mail observatoire@iprolink.ch,
Tel. : FIDH 33 (0) 1 43 55 20 11 OMCT : + 41 22 809 49 39