Protests against Binayak Sen's conviction

Human Rights activists are planning demonstrations outside the Chhattisgarh Bhavan and Jantar Mantar in New Delhi tomorrow in protest against the Raipur sessions court’s judgment holding famed pediatric surgeon and Peoples Union for Civil Liberties leader Dr Binayak Sen guilty of sedition and sentencing him to life imprisonment.

Details at http://www.facebook.com/l/09523;www.binayaksen.net

Henri Tiphange, Executive Director, People’s Watch, writes:

Dear Colleagues,

I have been wanting to wait for this judgement before mentioning anything about Xmas this Year .It is so unfortunate to hear the judgement of the Court on Dr. Binayak Sen . Let us only resolve as we get ready to celebrate the spirit of Xmas that our struggle for freedom and rights to human rights defenders have to continue.

Let me wish all of you a meaningful Christmas and challenging New Year 2011.
Let the visit of Ms. Margaret Sekagya , the United Nations Special Rapporteur on Human Rights Defenders to India from January10 to20, 2011 be an occasion when HR defenders all over the country will place sufficient pressure on the Government to ensure that Human Rights defenders are protected.

Case against human rights activists for organizing people's tribunal

Mr Kirity Roy, Secretary of Banglar Manabadhikar Suraksha Mancha (MASUM), who was associated with the European Union funded National Project on Prevention of Torture in India, was arrested by the Anti Terrorist Cell of Kolkata Police from his residence in Serampore on Wednesday. Although the police sought his remand, a magistrate released on bail in the evening.

Roy”s arrest was in connection with a case registered against him and some others for organizing a People’s Tribunal on Torture in Kolkata on June 9 and 10, 2008.

People Watch, the Madurai-based human rights organization, which was in charge of the National Project had organized hearings by people’s tribunals in different states of India.

Roy has been charged with offences under Section 170 (Personating a public officer), Section 179 (refusing to answer public servant authorized to question), Section 229 (Personation of a juror or assessor) and Section 120B (Criminal conspiracy) of the Indian Penal Code..

Roy was only one of the organizers of the People’s Tribunal on Torture. The panelists included Ms. Pamela Philipose, Executive Director, Women Feature Service, Mr. Ashok Chakravarti, former Senior Director, NHRC, Justice Malay Sengupta, former Chief Justice of the Sikkim High Court, Dr. Mohini Giri, former Chairperson of the National Commission for Women, Mr. Ashutosh Mukherjee, former District and Sessions Judge, Dr. Tapas Bhattacharjya, Dr. Satyajit Ash, M.D., Psychiatrist, MON Foundation, Dr. Sreemantee Chaudhuri, Psychiatrist, Dr. A. K. Gupta, Head of Forensic Medicine, Calcutta Medical College.

Roy challenged the validity of the FIR against him in the Calcutta High Court (Kirity Roy versus State of West Bengal & others vide WP No. 25022(W) of 2008). On August 26, 2009 Justice Sanjib Banerjee of the High Court dismissed the petition on the ground that police investigation was necessary to find out whether the petitioner organized a parallel judiciary. Roy filed an appeal (MAT 1219/2009) along with a stay application (C.A.N. 10511/2009) in the Division Bench of Chief Justice Mohit Ranjan Shah and Justice Pinaki Chandra Ghosh. The Division Bench of Calcutta High Court is scheduled to hear the case today (April 8).

Henti Tiphagne, Executive Director of People’s Watch, writes:

I personally collected facts of the case over phone from Mr. Kirity Roy, who was released on bail at 5.00 p.m. According to him, he was arrested at 9.45 a.m. by policemen in plainclothes, Anti Terrorist Police, Detective Police from Kolkata along with Serampore Police from his residence. They took him to the Headquarters of Kolkata Police at 11.00 a.m. and then for medical examination at the Kolkata Medical College. At 2.30 p.m. he was produced before the Chief Metropolitan Magistrate for remand. A dozen lawyers fought for his bail. The State was determined to ensure that he was remanded and therefore they produced charge-sheet hurriedly along with the Prime Accused, Mr. Kirity Roy. But he was granted bail at 5.00 p.m.

The co-accused in the case are the then State Law Officer of the National Project, the State Legal Associate, the State Program Associate, three District Human Rights Monitor and myself, Director of the National Project.

The National Project on Preventing Torture in India ended on December 31, 2008.

We urge the authorities to:
• Drop the case against the above mentioned human rights defenders immediately and unconditionally
• Guarantee in all circumstances their physical security and psychological integrity;
• Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, as well as with Article 12.2 (“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”);
• More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by India.

Tamil Nadu Human Rights Defenders’ Conference in Tirunelveli

A conference of human rights defenders of Tamil Nadu is to be held at Tirunelveli on Wednesday, August 12, 2009.

A communication from the organizers of the conference says:

History is witness to the fact that there are a range of repressive tactics that governments of every political hue have been deploying to silence human rights defenders. Defenders working on human rights issues which have traditionally been neglected or marginalized often face specific obstacles as a result. The rights they uphold may be especially contested or controversial, either because they challenge dominant social norms or because they are seen as threatening to the established political, religious or economic order.

Mr. M. Barathan is a human rights defender who has been very active in Tirunelveli and surrounding southern districts of the state of Tamil Nadu in work with Dalit communities by forming Dalit Federations, conducting legal awareness trainings and rehabilitation for Dalit victims of human rights violations. He now heads an organization named Human Rights Education and Protection Council (HREPC), also known as Kalam in these parts and has been instrumental in the filing of the highest number of cases under the SC/ST (Scheduled Caste / Scheduled Tribe) (Prevention of Atrocities) Act, 1989 in the past year in a district in Tamil Nadu. Mr. Barathan has also been campaigning for police reforms and against custodial torture. In addition, on May 23, Barathan conducted a Dalit Cultural Night, in which he spoke about police torture, which has led to a false case of a triple murder being filed against him. On May 27, at 11 am, after the charge sheet in the case had been filed in the concerned court the police arrested him.

After Mr. Barathan’s arrest and remand to the Palayamkottai Prison on May 27, he was taken on June 3 to the Judicial Magistrate Court in Cheranmadevi for the hearing. On June 19 he was transferred from the Tirunelveli Central Prison to the Cuddalore Central Prison. On the way to the court he had been handcuffed and a complaint was made about this. As a result he was not handcuffed while being taken to Cuddalore.
Mr. Barathan was released on conditional bail on June 27 but was directed to sign at the Thiruvananthapuram Town police station in Kerala. There is apparently no such police station there and Mr. Barathan had to file an appeal the Madurai Bench of the Madras High Court to get the order corrected. The condition has now been relaxed and he is in Tirunelveli.

The case is still pending against him in the court and his image among members of the public has taken a beating following the slapping of a false triple murder case against him. His organization faces several challenges following this criminal charge against him which will bring all its human rights work to a standstill and affect the community for which the organization works and also the morale of the staff of the organization. Marimuthu Barathan’s dignity needs to be restored and the intimidating attitude of the police towards him needs to be stopped for him to return to normal life and resume his human rights work.

On July 8, a ‘Joint Action Committee to protest the false murder case filed against Human Rights Defender Barathan’ comprising many organizations including Social Action Movement (SAM), Human Rights Forum for Dalit Liberation (HRFDL), Arundhatiyar Pengal Ezhuchi Mayyam, SC/ST Orunginaippu Kuzhu, DHRD, Social Awareness Society for Youth (SASY), WIN Trust, Society for Community Organization (SOCO Trust), Society for Integrated Rural Development (SIRD), Quarry Workers Development Society (QWDS), Citizens for Human Rights Movement (CHRM), Kalam, Dr. Ambedkar Paniyalar, Poriyalar Sangam, Vaanmukil, SC/ST Welfare Association, CPI (M) Tirunelveli District Committee Members, LIC SC/ST Buddhist Employees Union, Foundation for Human Rights and Development (FOHRD), Muthamizh Arakattalai, Rural Uplift Center (RUC), Kudisai, Tamilnadu Samakalvi Iyakkam, Malaragam and People's Watch was formed and a meeting was convened the same day at Tirunelveli.

The committee decided to take out a poster campaign and an email and postcard campaign. Tthese processes have already been set in motion by People's Watch and SAM. It was also decided that the different organizations in the committee must organize serial protest demonstrations, meet leaders of political parties and hold a conference of human rights defenders.

People’s Tribunals on Torture: People’s Watch Director’s report

The following is a report from Henri Tiphagne, Director, People’s Watch, on the work of the People’s Tribunals constituted as part of the National Project in Preventing Torture

You would have all received details of the series of People’s Tribunals on Torture that People's Watch is organizing under its National Project on Preventing Torture in India being supported by the European Union and Friedrich Nauman Stiftung and being implemented in 9 States in the country namely West Bengal, Uttar Pradesh, Bihar, Orissa, Rajasthan, Karnataka, Andhra Pradesh, Kerala and Tamil Nadu and covering 47 districts in these 9 States.

The project which is in its 3rd year of its implementation, is organizing State level People’s Tribunals on Torture (PTT) and the last one which has been completed was held between 29th and 31st May, 2008. The PTT mentioned above considered 260 cases in all covering in 5 different sessions involving Jury panel comprising:
Justice. H. Suresh, Chairperson of the Jury panel, Former Judge, High Court of Bombay
Dr. S. Balaraman, Former Acting Chairperson, State Human Rights Commission, Kerala
Dr. V. Vasanthi Devi, Chair Person, Institute of Human Rights Education, Former Chair Person, Tamilnadu, State Commission for Women, Former Vice Chancellor of Manonmaniam Sundaranar University
Dr. Markandan, Former Vice Chancellor, Gandhi Gram Rural University,
Mr. V. Karuppan, I.A.S.(Retd), Convenor of National Campaign on Dalit Human Rights
Mr. Tapan Kumar Bose, Secretary General & Trustee, South Asia Forum for Human Rights, Nepal
Dr. R. Senthil , Member of Parliament ( Could not attend )
Mr. S.K. Karventhan, Member of Parliament, Former Vice Chairman of Bar Council of India . ( Could not attend )
Mr. Ashok Chakrabati, Former Senior Director, National Human Rights Commission.
Mr. Ossie Fernandez, Director, Human Rights Foundation, Chennai
Dr. Kalpana Kannabeeran, Professor, NALSAR University of Law , Hydrabad
Dr. K. Mathiharan, Director, Institute of Legal Medicine.
Dr. K.S. Ravindran, Madurai
Ms. Ajeetha, Advocate, Chennai
Mr. Ravikumar, M.L.A. ( Could not attend )
Ms. Vahida Nainar, Ex- Adjunct Professor of Law, CUNY School of Law , Newyork.
Ms. Saumya Uma, Advocate & Coordinator, International Criminal Court- India Campaign
Ms. Priya Pillai, Law Researcher, Bangalore
Dr. K. Senthilathiban, Director, Sparks , Chennai

The speciality of this PTT is that it was not confined only within the venue, but it was carried out on the 29th and 30th night through a series of 17 different public meetings – 8 on the first day i.e., 29th and 9 on the second day i.e. 30th May, 2008 in which the above mentioned Jury members along with 20 other local Jury members participated and patiently heard the cases in full view and participation of the public.

We cannot have better evidence of police brutality than the event that took place during the PTT. The victims who had come to depose were picked up by the police in the night without any procedures for arrest being followed. Thereafter, a police party in mufti was found to be standing outside the premises of Fatima College , the venue of the PTT and the same persons did further resort to illegal arrest when the participants apprehended them and brought them over to Justice H. Suresh for a discussion. This resulted in injuries caused by the police using the ‘handcuffs’ they had in their hands and while the cases were registered against policemen, the Madurai City police also registered false cases against Mr. Henri Tiphagne, the National Director of the NPPTI , Executive Director of People's Watch and the Member of the National Core Group on NGOs of the National Human Rights Commission of India.
The details of the entire PTT are available for you at the website of People's Watch www.pwtn.org along with photographs – they can be viewed at www.pwtn.org/euptttn. html. We are sending you attached a detailed note of what exactly happened. We would be extremely happy if you could kindly take up the matter with the UN Secretary General’s Special Representative on Human Rights Defenders, the UN Special Rapporteur on Torture as well as any other authorities whom you deem fit.

The National authorities to whom the mail should go are

a) That you send complaints to the Chairperson and Members of the NHRC
Hon'ble Justice Shri S. Rajendra Babu Chairperson 91-11-23382514 (O)
E-Mail: chairnhrc@nic.in

Hon'ble Justice Shri Govind Prasad Mathur Member 91-11-23387328(O)

Hon'ble Sri Justice Y. Bhaskar Rao Member 91-11-23385069 (O)
E-Mail:ybrao@nic.in

Shri R.S. Kalha Member 91-11-23387244(O)
E-Mail:kalha@nic.in

Shri P.C.Sharma Member 91-11-23382432(O)
E-Mail:pcsharma@nic.in

b) That you send complaints to the Chairperson of the State Human Rights Commission - Justice A.S.Venkatachalamoorthy, Chairperson, State Human Rights Commission, Thiruvarangam, 143, P.S. Kumarasamy Raja Salai (Greenways Road), Chennai 600 0028. Ph: 01-44-24951484, Fax; 91-44-24951484, E.mail: shrc@tn.nic.in

c) That you send complaints to the Chief Minister of Tamil Nadu:
Dr. M.Karunanidhi, Hon’ble Chief Minister of Tamil Nadu, Fort St. George, Chennai 600 009 - cmcell@tn.gov.in

d) That you send complaints to the Chief Secretary to the Govt. of Tamil Nadu: Mr. L. K. Tripathy, IAS, Chief Secretary to the Government of Tamil Nadu, Fort St. George, Chennai 600 009 – cs@tn.gov.in

e) That you send complaints to the Home Secretary to the Govt. of Tamil Nadu Ms. S. Malathi, Home Secretary to the Govt. of Tamil Nadu, Fort St. George, Chennai 600 009; Fx: 044 – 25670596 E.Mail: homesec@tn.gov.in

f) That you send complaints to the Special Secretary to the Public (Law & Order) Department
Mr. T.N.Ramanathan

g) That you send complaints to the Director General of Police, Radhakrishnan Salai, Mylapore, Chennai 600 004 – Please go to the website www.tnpolice.gov.in in that the home page you have a section on mail.

h) That you send complaints to the Commissioner of Police, Madurai the mail ID of cop_mdu@dataone.in

I do hope you will provide us your fullest solidarity on this issue of Human Rights Defenders being targeted during the PTT was conducted which is supported by the European Union.

We wish to bring to your kind attention that we have completed such Peoples’ Tribunals in Kerala and Uttar Pradesh in the month of April. We intend to carry it out in Kolkatta (West Bengal) on 9th and 10th June, in Patna (Bihar) on 9th and 10th July, in Ajmer (Rajasthan) on 15th and 16th July, in Hyderabad (Andhra Pradesh) on 22nd and 23rd July, in Bhuvaneshwar (Orissa) on 5th and 6th August and in Bangalore (Karnataka) on 12th and 13th August, 2008. All these State level PTTs will then be followed by a National People’s Tribunal in Delhi in the month of October, 2008. We do hope that you will take the liberty of taking up this issue with all concerned authorities with due vigour, speed and solidarity. I would greatly appreciate if a copy of your communications also be duly marked to me for information and further action.
Thanks and regards,
Henri Tiphagne

Release P. Govindankutty unconditionally

Please see and sign Online petition for unconditional release of P. Govindankutty, Editor of People's March, who has been in jail for more than a month.
http://keralaletter.blogspot.com/2008/01/online-petition-for-govindankuttys.html

Please also see K A Shaji's report in Tehelka on the case against him. http://www.tehelka.com/story_main37.asp?filename=Ne020208code_red.asp

Data base of justice delivery institutions in India inaugurated

People’s Watch, the Madurai-based national human rights organization, launched on Tuesday (December 18, 2007) http://www.saji.net.in/, an electronic data base of information relating to justice delivery institutions in India.

SAJI is short for Strengthened Access to Justice in India.

The Department of Justice of the Government of India and the United Nations Development Program (UNDP) are associated with People’s Watch in the creation of the data base, the first of its kind in India.

The website, the culmination of a year-long effort, was formally inaugurated by the Indian Minister for Law and Justice, H. L. Bhardwaj at a function in New Delhi. People’s Watch Executive Director Henri Tiphagne described the occasion as “one of the greatest moments in our journey towards creating a human rights culture”.

The resource directory, which has been created, contains information about justice institutions in 312 districts across 19 States. It is a tool which will help the citizens to speedily access justice sector institutions through a dynamic single window system. Hopefully, easy access to information will promote increased interaction between users and justice providers and make the system transparent and accountable.

The formal justice delivery institutions covered include the courts, prisons, police, prosecutors, national / State / district / taluk legal aid services authorities, bar councils and bar associations, human rights institutions, non-government organizations offering a varieties of legal aid services, human rights organizations, shelter / rehabilitation homes, hospitals etc.

Henri Tiphagne has appealed to all to visit the website and offer their valuable comments and feedback so as to help achieve the intended purposes. He says, “Although, we are convinced that the http://www.saji.net.in/ is an incredible work, the information made available cannot be considered as complete for a number of reasons. This new initiative needs to go through a rigorous process of data verification and fine-tuning. The next phase of the project would have accomplished all those requirements in addition to having information of the remaining 293 districts to fulfil the requirements of the 605 districts in India.”

People’s Watch has suggested setting up of district level help line for justice information, which may be run by an NGO but physically located within the District National Information Centre (DNic). This will mean the work being owned by the Department of Justice but in partnership with the civil society. Another proposal it has made is that the Legal Aid system must be strengthened by making NGOs its partners.