Harassment/ Threats

India

March 23, 2016

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the World Organisation AgainstTorture (OMCT) and the International Federation for Human Rights (FIDH), hasreceived new information and requests your urgent intervention in the followingsituation in India.

Description of thesituation:

The Observatory has been informed byreliable sources about the arbitrary arrest, judicial harassment and threatsagainst Ms. Soni Sori, woman humanrights defender and tribal activist, and members of her family. Ms. Sori fightsfor the land rights of indigenous population in the state of Chhattisgarh,which are affected by the conflict between Maoists and government securityforces, and is committed to bring to justice high-ranking police officials fromBastar district, allegedly involved in a case of extra judicial killing.

According to the information received, onFebruary 20, 2016, three unidentified men attacked Ms. Soni Sori while she wastravelling home, and threw a chemical substance on her face, which resulted insevere burning and her hospitalisation. The attackers threatened to pursuetheir attacks on her daughter if she continued her work on the case of extrajudicial killing in which several members of the police force are involved.

On March 10, 2016, at approximately 10.30a.m., Mr. Ajay Markam, Ms. Soni Sori’s brother-in-law, wasarbitrary arrested in his home in the district of Dantewada by the Jagdalpurpolice. In detention, the police officers and the Chief Superintendentinterrogated him regarding the attack of February 20 on Ms. Soni Sori andthreatened to charge him for organizing the assault. They released him in themorning of March 12. Previously on March 1 and 9, 2016, the police had alreadysummoned him for questioning and during the interrogation the officersphysically and verbally abused him.

OnMarch 11, 2016, following the arrest of Mr. Ajay Markam, Ms. Soni Sori’s fatheras well as other members of her family went to the Inspector General of theBastar Police to seek information about his situation and his whereabouts andshare their concerns regarding his arbitrary detention. In response, theInspector General threatened the family members to keep him in detention andclaimed in addition that the whole family would face consequences for Ms. SoniSori’s work in defence of human rights.

Onthe same day at 4 p.m., Ms. Dhani Markam, Ms. Soni Sori’s sister andMr. Markam’s wife, was also arrested and detained for questioning at the sameJagdalpur police station as her husband. She was released later that samenight, after having been verbally abused and threatened.

The Observatory firmly condemns theon-going harassment against Ms. Soni Sori and other members of her family,as it clearly aims at sanctioning her legitimate human rights activitiesand calls upon the Indian authorities to immediately and unconditionally putan end to all acts of harassment against her and her family, as well as againstall human rights defenders in the country.

The Observatory equally calls upon theIndian authorities to conduct a prompt, independent and thorough investigationon the aforementioned act of violence against Ms. Soni Sori in order toidentify the genuine perpetrators.

Actions requested:

Please write to the authorities of Indiaasking them to:

i. Put an end to any form of harassment against Ms. Soni Sori, her familyand all human rights defenders in India;

ii. Guarantee in all circumstances the physical and psychological integrityof Ms. Soni Sori, her family, as well as of all human rights defenders inIndia;

iii. Conduct a prompt, independent and thorough investigation on theaforementioned act of violence against Ms. Soni Sori in order to identify theperpetrators, bring them before an independent, just and impartial tribunal andapply to them all the necessary administrative and/or criminal sanctionsforeseen by law;

iv. Conform in any circumstances with the provisions of the UN Declarationon Human Rights Defenders, adopted by the General Assembly of the UnitedNations on December 9, 1998, especially:

- Article 1, which states that “everyonehas the right, individually and in association with others, to promote and tostrive for the protection and realisation of human rights and fundamentalfreedoms at the national and international levels”;

- Article 12.2, which provides that theState shall “take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of his or her rights”; v. More generally, ensure in all circumstances the respect for human rightsand fundamental 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’sOffice, 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 Minister of Home Affairs, Ministry of Home Affairs,104-107 North Block, New Delhi 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 Human Rights Commissionof 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. A. K. Parashar, Focal Point on Human Rights Defenders, National HumanRights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001, India.Email: hrd-nhrc@nic.in

- Ms. Mamata Banerjee, Chief Minister, Chief Minister of WestBengal, 325, Sarat Chatterjee Rd, Shibpur, Howrah, West Bengal711102, Telephone: +91 33 2214-5555, 2214-3101, Fax: +91 33 2214-3528 E-mail: cm@wb.gov.in

- H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to the UnitedNations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Fax: +41 22 906 8696, Email: mission.india@ties.itu.int

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

Please also write to the diplomaticmission or embassy of India in your respective country.