IND 003 /0316 / OBS 024.1

Obstacles to freedom ofmovement /

Harassment / Threats
India
June 29, 2016

The Observatory for the Protection of Human Rights Defenders, a joint programmeof the World Organisation Against Torture (OMCT) and FIDH, requests your urgentintervention in the following situation in India.

NewInformation:

TheObservatory has been informed by reliable sources about acts of harassmentagainst Ms. Soni Sori,tribal rights activist and women’srights defender[1], and other members of afact-finding team[2] investigating a reportedincident of rape and a “fake encounter”[3]killing of a young tribal woman in Gompad village,Konta Tehsil, in Sukma district, Chhattisgarh State.

According to the information received, on June 15, 2016, a teamled by Ms. Soni Sori tried to visit the village of Gompad in Chhattisgarh State inorder to investigate a reported incident of rape by security forces and a “fakeencounter killing” of a young tribal woman[4]. However, the team was not able to reach the village ofGompad as they were stopped and harassed at four different camps[5]along the road. At each checkpoint, members of the team underwentthorough questioning about their identity, the purpose of their mission, aswell as the places they were planning to visit. It is to be noted that thepolice already had this information since the team had informed them of themission in advance. It is therefore believed that such interrogation was merelyaimed at harassing and delaying the team. The latterwas finally stopped just 10 km from the village and held for almost four hoursat the Injeram Camp.

Eventually, in theevening of June 15, 2016, Ms. Soni Sori and her colleagues returned to Sukma inorder to meet with the Collector[6]and the Assistant Superintendent of Police (ASP) of Sukma, Mr. Santosh Singh.ASP Singh, who refused to allow the fact-finding team to proceed with theplanned visit unless they were accompanied by a security official, adding thatno officer was available at the moment.

Ms. Soni Sori and othermembers of her team subsequently decided to hold a protest before the Sukma Collectorateuntil they would be allowed to proceed to the village and undertake theirmission. Ms. Sori also started a fast outside of the Sukma Collectorate on thatnight[7].

On June 16, 2016, othermembers of the Aam Aadmi Party, of which Ms. Sori is a member, joined the fact-findingteam and tried again to meet with police officers to get permission to visitthe village. The Sukma ASP then decided to allowall team members to visit the village, with the exception of Ms. Sori, who wasdenied the right to proceed beyond Konta village on the grounds that she neededto be accompanied by a security official as "the State was responsible forhe security"[8], but that no such officialwas available at the moment.

Despitethe assurance from a high-ranking police officer that they could proceed withthe mission, all the members of the team were stopped again at the camps alongtheir way to Konta. In Konta, they were told that none of them could proceedfurther to the village of Gompad. Whenthey left Konta police station, they faced an unruly mob of people whothreatened Ms. Soni with violence if she proceeded further towards the village,while the police watched from the sidelines. On the next day, the sameunruly mob visited the team again at the government rest house where they hadspent the night, and again threatened them with physical violence. The team wasthen forced to leave Konta.

The Observatory condemnsthe above-mentioned restrictions to freedom of movement and acts of harassmenttowards Ms. Soni Sori and other members of the above-mentioned fact-finding team, as they are clearly aimed at sanctioning their legitimatehuman rights activities, and calls upon the Indian authoritiesto immediately and unconditionally put an end to all acts of restrictionsand harassment against them, as well as against all human rights defenders inthe country.

Backgroundinformation:

The Observatory recallsthat Ms. Soni Sori already faced reprisals in the past for denouncingviolations where members of the police forces were allegedly involved.

On February 20, 2016,three unidentified men attacked Ms. Soni Sori while she was travelling home,and threw a chemical substance on her face, which resulted in severe burningand her hospitalization. The attackers threatened to pursue their attacks onher daughter if she continued her work on the case of extra-judicial killing inwhich several members of the police force were allegedly involved.

In the morning of March10, 2016, Mr. Ajay Markam, Ms. SoniSori’s brother-in-law, was arbitrarily arrested in his home in the district ofDantewada by the Jagdalpur police. In detention, the police officers and theChief Superintendent interrogated him regarding the attack of February 20 onMs. Soni Sori and threatened to charge him with organizing the assault. Theyreleased him in the morning of March 12. Previously on March 1 and 9, 2016, thepolice had already summoned him for questioning and during the interrogationthe officers physically and verbally abused him.

On March 11, 2016,following the arrest of Mr. Ajay Markam, Ms. Soni Sori’s father as well asother members of her family went to the Inspector General of the Bastar Policeto seek information about his situation and his whereabouts and share theirconcerns regarding his arbitrary detention. In response, the Inspector Generalthreatened the family members to keep him in detention and claimed in additionthat the whole family would face consequences for Ms. Soni Sori’s work indefense of human rights.

On the same day at 4 p.m.,Ms. Dhani Markam, Ms. SoniSori’s sister and Mr. Markam’s wife, was also arrested and detained forquestioning at the same Jagdalpur police station as her husband. She wasreleased later that same night, after having been verbally abused andthreatened.

Actionsrequested:

Please write to the authorities ofIndia asking them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Ms. Soni Sori, the other members of the above-mentioned fact-findingmission, as well as of all human rights defenders in India;

ii. Put an end to any form ofharassment and restrictions to freedom of movement against Ms. Soni Sori, the other members of the above-mentioned fact-findingmission as well as all human rights defenders in India so that they are able to carry out their work without hindrances;

iii.Conduct a prompt, independent and thoroughinvestigation on the aforementioned act of harassment and threats against Ms.Soni Sori in order to identify the perpetrators, bring them before an independent,just and impartial tribunal and apply to them all the necessary administrativeand/or criminal sanctions foreseen by law;

iv. Conform in anycircumstances with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations on December 9,1998, especially its Article 1 and 12.2;

v. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational and regional human rights instruments ratified by India.

Addresses:

· Mr. Shri Nanredra Damodardas Modi, Prime Minister of India, PrimeMinister’s Office, Room number 152, South Block, New Delhi, India. Fax: + 91 112301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in

· Mr. Raj Nath Singh, Union Minister of Home Affairs, Ministry ofHome Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 23092979. Email: dirfcra-mha@gov.in

· Justice T.S. Thakur,, Chief Justice of India, Supreme Court, Tilak Marg, NewDelhi -1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in

· Justice Shri H.L. Dattu, Chairperson of the National Human Rights Commission of India,Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi - 110023, India. Fax+91 11 2465 1329. Email: covdnhrc@nic.in; ionhrc@nic.in

· Mr. SrinivasaKammath, Focal Point on Human Rights Defenders, National Human RightsCommission, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Email: hrd-nhrc@nic.in

· H.E. Mr. Ajit Kumar, Ambassador, Permanent Mission of Indiato the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Fax:+41 22 906 86 96, Email: mission.india@ties.itu.int

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

Pleasealso write to the diplomatic mission or embassy of India in your respectivecountry.

[1] Ms.Sori fights for the land rights of indigenous populations in the State ofChhattisgarh, which are affected by the conflict between Maoists and governmentsecurity forces, and is committed to bring to justice high-ranking policeofficials from Bastar district, allegedly involved in a case of extra-judicialkilling.

[2] The names of the othermembers of the team are not disclosed for safety reasons.

[3] Anencounter is a euphemism used in India since the late 20th century to describekillings by the police or the armed forces of suspected gangsters or terroristsin gun battles. In a “fake encounter”, the police or armed forces kill thesuspects when they are either in custody or are unarmed, and then claim to haveshot them in self-defence.

[4] On June13, 2016, the Sukma police announced a successful encounter where an allegedwoman Maoist, Ms. Madkam Hidme, was killed in an encounter close to the villageof Gompad. However, according to villagers, Ms. Hidme was thrashingpaddy outside her hut when she was picked up by the security forces and taken to the nearby forest area. Villagers who heard her screamran in a group towards her. When the security forces saw the villagers, theycarried Ms. Hidme deeper inside the forest and threatened the villagers to goback. Ms. Hidme’s dead body was subsequently handed over to the villagers.

[5] Camps are encampments set up bysecurity (paramilitary) forces, ostensibly there to fight insurgency, whichhave residential quarters for the forces, as well as their offices. Theyare positioned at regular distances along the main highway from Sukma to Konta.

[6] The Collector is the highestcivilian officer in the district, and is responsible for all civilianfunctions.

[7] On June 22, 2016, Ms. Sori broke herfast after she learned that the High Court of Chhattisgarh in Bilaspur hadpassed an interim order the day before for exhumation of the deceased youngtribal woman and ordered a fresh post mortem, after Ms. Sori brought relativesof the victim to the Court on June 18.

[8] After herattack last February (see background information), Ms. Soni Sori was givensecurity guards for protection by the State. When Ms. Sori was deniedpermission to travel further, her security guards were also not permitted toproceed with her further.