Abduction, arbitrary detention, ill-treatment and judicial harassment of Mr. Ajimuddin Sarkar

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URGENT APPEAL - THE OBSERVATORY

Newinformation
IND 004 / 1114 / OBS 091.2
Arbitrary arrest /
Judicial harassment / Torture
India
September 30, 2015

The Observatory for theProtection of Human Rights Defenders, a joint programme of the WorldOrganisation Against Torture (OMCT) and the International Federation for HumanRights (FIDH), has received new information and requests your urgentintervention in the following situation in India.

Newinformation:

The Observatory has beeninformed by Banglar Manabadhikar Suraksha Mancha (MASUM) of the abduction ofMr. Ajimuddin Sarkar, a District Human Rights Monitor forMASUM in Murshidabad district (West Bengal, India). He is a renowned humanrights defender who has investigated cases on human rights violations perpetratedby the police and Border Security Forces (BSF) personnel, and who has beeninstrumental in denouncing several other human rights violations in Murshidabaddistrict.

According to the informationreceived, on September 22, 2015 at 10.27 am, Mr. Sarkar was abducted inSekhpara (West Bengal, India) by five toseven police officers from the Islampur police station whowere not wearing their uniform. At the time of the incident, Mr. Sarkar wastalking with victims of torture and their family members when, all of a sudden,the police officers arrived in a car and started beating and insulting himafter which they lifted him, placed him inside the vehicle and took him away.

On September 23, 2015, at1.38 pm, Mr. Sarkar was taken before the Additional District and Sessions Judge(2nd Court)[1]in Baharampur-Murshidabad and a criminal case was openedagainst him under Sections 376, 511, 323, 506 and 400 of the Indian CriminalCode and under Sections 8 and 12 of the Act for Protection of Children fromSexual Offences Act. During the arrest he was slapped, kicked and pounced onthe chest as well as verbally abused. He was not permitted to have his medicineand he was not given food at night.

Furthermore he was obliged towalk barefoot and was brought before the Court in this condition. At 6.15 pm onthe same day, a petition for bail was rejected and Mr. Sarkar was thentransferred to the prison Baharampur Central Correctional Home. The nexthearing is scheduled for October 7, 2015.

According to the same information, the police has been trying to silenceMr. Sarkar´s voice and that of MASUMs since they gotinvolved in a criminal case lodged against the police personnel for the allegedkilling of Mr. Rajib Molla at Raninagar police station.

MASUM has filed several complaints and has been regularly sharinginformation with the National Human Rights Commission (NHRC). Regardingprevious incidents with Mr. Sarkar and other MASUM members, the Focal Point onHuman Rights Defenders (HRDs) at the NHRC called MASUM and informed them thatthey had taken up the case and sought report from the related police and civiladministration, but up to this date no documents have been shared with MASUMand no appropriate action has been taken. The last complaint was made onSeptember 2, 2015 regarding previous incidents, just before his arrest. OnSeptember 22, 2015, MASUM made a brief complaint with a request for urgentsteps from the NHRC and contacted the Focal Point of NHRC on HRDs, but, at thetime of publication of this urgent appeal, no actions have been taken to check theallegations of police abuse upon Mr. Sarkar.

The Observatory recalls thatit is not the first time Mr. Sarkar is being intimidated, judicially harassedand ill-treated at the hands of the police (see background information).

The Observatory is deeplyconcerned for the allegations of ill-treatment and for the fact that Mr. Sarkarwas not brought in front of a court within 24 hours from his arrest as requiredunder the Constitution of India. The Observatory is also worried by the reportsof a lack of due diligence displayed by the Indian National Human RightsCommission to follow up this case.

The Observatory condemns thearbitrary arrest of Mr. Sarkar, as well as the charges against him, which seemto be aimed at punishing him for his legitimate and peaceful human rightsactivities, and calls on the Indian authorities to put an end to the ongoingand persistent attempts to criminalise members of MASUM in contravention of itsinternational engagements regarding the protection of human rights defenders.

Backgroundinformation:

On November 21, 2014, lawenforcement agents from the Raninagar Police Station arrested Mr.Sarkar at his place of residence and subsequently transferred him tothe ACJM Court, Lalbagh, on November 22. Mr. Sarkar was reportedly arrestedpursuant to an arrest warrant for a previous pending criminal case under thePassport Act.

Case No. 364/2013, dated June5, 2013, was brought against Mr. Sarkar by Mr. Char Mourasi, B.O.P. ‘C’ Companyof 130 Battalion of the BSF under Section 12 of the Passport Act of 1967 (GR1738/2013). On May 20, 2014, Mr. Sarkar filed an application before the ACJMCourt, Lalbagh, expressing his concern that he had been falsely implicated inan unknown criminal case by the police and the BSF, and requesting more detailsabout such case. However, until the arrest, Mr. Sarkar did not receive anyinformation about the status of the said criminal case, neither did he receiveany summons from the police nor the court.

According to the sameinformation, Mr. Rana Mohanta, Mr. Sarkar’s defense counsel, reported that hisclient was assaulted, abused and mistreated by the police during his arrest aswell as in custody. Upon hearing his testimony the Court ordered that Mr.Sarkar be released on bail and that he undergo a medical examination undersupervision of the Inspector of the General Record Office (GRO) of the ACJMCourt, Lalbagh. The Medical Officer of Lalbagh Sub Divisional hospital examinedMr. Sarkar and advised that he be admitted to hospital, suspecting that hisribs were fractured due to having been kicked and punched while in policecustody.

On November 23,2014, Mr.Sarkar’s son filed a complaint to the localPolice Superintendent urging the police to carry out an investigation into thebeatings his father had been subjected to while in police custody. However, to this date there is no information regarding an enquiry orinvestigation following the complaint.

Mr. Sarkar wasadmitted to Behrampore General Hospital on November 27, 2014, for medical treatment following the injuries suffered in custody, and onNovember 28, 2014, he was taken to Kolkata for advanced medical treatment. OnNovember 29, 2014, he underwent Psychiatric counselling; the medical reportstated that he had several injuries such as a suspected fractured rib, as wellas post traumatic stress, a feeling of humiliation, intense anxiety, fear and afeeling of sadness and helplessness. He suffered from insomnia and his doctorsexpressed their concern that the attack could have long-term effects on hispsychological health. Mr. Sarkar went to Calcutta Medical College and Hospitalfor further treatment on December 3, 2014. To this date, Mr. Sarkar is stillundergoing physiotherapy sessions.

The judicial harassment against Mr. Sarkarand other MASUM members is ongoing. Mr. Ajimuddin Sarkar was previouslyimplicated in Raninagar Police Station Case No. 354/2013 and Domkal PoliceStation Case No. 1243/2014. The cases are ongoing after a Criminal Revision atCalcutta High Court was filed for quashing the criminal case pending againstMr. Sarkar at Raninagar Police Station and another Criminal Revision was filedfor quashing of the criminal case which is pending at Domkal Police Station, inwhich Mr. Sarkar and Mr. Kirity Roy, Secretary of MASUM, have been madeaccused.

Actionsrequested:

Please write to the authorities in India, urging them to:

i. Guaranteein all circumstances the physical and psychological integrity of Mr. Ajimuddin Sarkar as wellas of all human rights defenders in India;

ii. Release Mr. AjimuddinSarkar immediately and unconditionally, since his detention is arbitraryas it only seems to be aimed at sanctioning his human rights activities;

iii. Carry out an immediate, thorough, impartial and transparentinvestigation into the abovementioned events in order to identify all thoseresponsible, bring them before an independent tribunal, and sanction them asprovided by the law;

iv. Putan end to all acts of harassment - including at the judicial level - againstMr. Ajimuddin Sarkar andall members of MASUM as well as against all human rights defenders inIndia so that they are able to carry out their work without hindrances;

v. Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially:

- Article 1, which states that “everyone has the right, individually andin association with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”; and

- Article 12.2, which provides that “"the State shall take allnecessary measures to ensure the protection by the competent authorities ofeveryone, 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 herlegitimate exercise of the rights referred to in the present Declaration”; and

vi. Moregenerally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with the Universal Declaration of HumanRights and with international and regional human rights instruments ratified byIndia.

Addresses:

· Mr. Shri Nanredra Damodardas Modi, Prime Minister of India, Prime Minister’s Office, Room number 152,South Block, New Delhi, India. Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in

· Mr. Raj Nath Singh, Union Ministerof Home Affairs, Ministry of Home Affairs, 104-107 North Block, NewDelhi 110 001 India, Fax: +91 11 2309 2979

· Justice Rajendra Mal Lodha, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi-1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in

· Justice K. G. Balakrishnan, Chairperson of the National HumanRights Commission of India, ManavAdhikar Bhawan Block-C, GPO Complex, INA, New Delhi - 110023, India. Fax +9111 2465 1329. Email: covdnhrc@nic.in; ionhrc@nic.in

· Mr. A. K. Parashar, Focal Point on Human Rights Defenders, NationalHuman Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001,India. Email: hrd-nhrc@nic.in

· Miss Mamata Banerjee, Chief Minister, Chief Minister of West Bengal, 325, Sarat Chatterjee Rd, Shibpur,Howrah, West Bengal 711102, Telephone: +91 332214-5555, 2214-3101
Fax: +91 33 2214-3528 E-mail: cm@wb.gov.in

· H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to theUnited Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Fax: +41 22906 86 96, Email: mission.india@ties.itu.int

· Embassy of India in Brussels, 217 Chaussée deVleurgat, 1050 Brussels, Belgium, Fax: +32 2 6489638 / +32 2 6451869

Please also write to the diplomatic mission or embassy of India in yourrespective country.

Geneva-Paris, September 30, 2015

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a OMCT and FIDH venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80

• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] This Court is a designated Special Court for the Narcotic Drugsand Psychotropic Substances Act (NDPS Act) and the Protection of Children from SexualOffences Act (POCSO Act).