Head of the organization Citizen for Justice and Peace prevented from communicating with the OHCHR

Restriction oncommunication with an international body

India

March 11, 2011

The Observatory for the Protection of Human RightsDefenders, a joint programme of the World Organisation Against Torture (OMCT)and the International Federation for Human Rights (FIDH), has received newinformation and requests your urgent intervention in the following situation inIndia.

Descriptionof the situation:

The Observatory has been informed by reliable sourcesthat Ms. Teesta Setalvad, Head of the organization Citizen for Justiceand Peace (CJP), a human rights organisation involved in the legal support ofvictims of the Gulbar Society Massacre of February 2002, has been preventedfrom communicating with the United Nations Office of the High Commissioner forHuman Rights (OHCHR) in Geneva.

According to the information received, on March 3,2011, the Supreme Court of India reportedly issued a public written order,stating that Ms. Teesta Setalvad should not send any communication to the OHCHRin Geneva anymore concerning the investigation of the Gulbar Society Massacreof February 2002. No information could be obtained as to the reasons providedby the court to justify this restriction.

This massacre, causing the death of 69 people,happened during the riots in the state of Gujarat in 2002. The proceedings ofinvestigations of the Gulbar Society Massacre are led by a SpecialInvestigation Team (SIT) appointed within the Gujarat police by the SupremeCourt.

Ms. Teesta Setalvad has been actively involved intothe investigation of the massacre through legal support to victims, includingthe documentation of several cases and their defence in hearing sessions at theSupreme Court.

Ms. Teesta Setalvad has also been denouncing the lackof protection given by the SIT to witnesses and victims. In this context, shehad sent two communications to OHCHR to keep it informed about the letters thatshe had sent to the SIT in which she called for more protection:

- On October 5, 2010, Ms. Teesta Setalvadwrote a letter to Mr. RK. Raghavan, the Chairman of the SIT, regarding the lackof protection provided to Mr. SM Vora, a senior advocate, witness and survivorof the massacre, who had received threatening phone calls allegedly related tohis involvement into the investigations. Ms. Setalvad also sent a copy of thisletter to the OHCHR in Geneva.

- On October 7, 2010, Ms. Setalvad wroteanother letter to Mr. RK. Raghavan regarding her safety since she had beenfacing reportedly false allegations that she had tutored several victims of themassacre to give false testimonies before the Supreme Court. Here again, Ms. TeestaSetalvad sent a copy of this letter to the OHCHR.

On February 17, 2011,Mr. Harish Salve, a senior advocate appointed at the Supreme Court of India,submitted an amicus curiae to the Court drawing its attention on Ms. Setalvad’spractice of furnishing copies of her letters to the OHCHR, thus triggering thedecision of the Supreme Court of India.

The Observatory expresses its deepest concern aboutthe prohibition faced by Ms. Setalvad to communicate with the OHCHR, whichmerely aims at sanctioning her human rights activities.

The Observatory recalls that such act is in flagrant violation of article 5(c) of the Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, which states that “For the purpose of promoting and protecting humanrights and fundamental freedoms, everyone has the right, individually and inassociation with others, at the national and international levels tocommunicate with non-governmental or intergovernmental organizations.”

The Observatory further recalls that of the Resolution12/2 on cooperation with the United Nations, its representatives and mechanismsin the field of human rights, adopted by the Human Rights Council on October12, 2009. Its article 1 urges “Governments to prevent and refrain from all acts ofintimidation or reprisal against those who (a) Seek to cooperate or havecooperated with the United Nations, its representatives and mechanisms in thefield of human rights, or who have provided testimony or information to them;(…) (c) Submit or have submitted communications under procedures established byhuman rights instruments, and all those who have provided legal or otherassistance to them for this purpose”.

Actionsrequested:

TheObservatory urges the authorities of India to:

i. Put an end to all forms of harassment and restrictions on Ms. Teesta Setalvad, as well as of all humanrights defenders in India, and guarantee in all circumstances that human rights defenders andorganisations are able to carry out their work, including through communicationwith non-governmental and intergovernmental organisations;

ii. Comply with the provisions of theUnited Nations Declaration on Human Rights Defenders, adopted by the UN GeneralAssembly on December 9, 1998, especially:

- Article 1, which states that “Everyone has the right, individually or inassociation with others, to promote the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

- Article 5(c), which states that “For the purpose of promoting and protecting humanrights and fundamental freedoms, everyone has the right, individually and inassociation with others, at the national and international levels: (c) Tocommunicate with non-governmental or intergovernmental organizations”;

- Article 6, whichprovides that: “Everyone hasthe right, individually and in association with others: (a) to know, seek,obtain, receive and hold information about all human rights and fundamentalfreedoms (…); (b) freely to publish, impart or disseminate to others views,information and knowledge on all human rights and fundamental freedoms”;

- Article 9 (c), which states that“everyone has the right, individually or in association with others, to offerand provide professionally qualified assistance in defending human rights andfundamental freedoms”;

- Article 12.2 which provides that “The State shall take all necessarymeasures 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 otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

iii. Ensure in all circumstances the respect for humanrights and fundamental freedoms in accordance with the Universal Declaration ofHuman Rights and with international and regional human rights instrumentsratified by India.

iv. Comply with theResolution12/2 of the Human Rights Council on cooperation with the United Nations, itsrepresentatives andmechanisms in the field of human rights.

Adresses:

· Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Roomnumber 152, South Block, New Delhi, Fax: + 91 11 2301 6857 E-mal: pmosb@pmo.nic.in

· Dr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs,104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979. hm@nic.in

· Justice Kapadia, ChiefJustice of India and RK. Raghavan, Chairmanof the Special Investigation Team, Supreme Court, Tilak Marg, New Delhi -1,Fax: +91 11 233 83792, Email: supremecourt@nic.in

· Justice K. G. Balkrishnan,Chairperson of the National Human Rights Commission of India, Faridkot House,Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 23340016, Email: covdnhrc@nic.in ; ionhrc@nic.in

· A. Gopinathan, AmbassadorExtraordinary and Plenipotentiary Permanent Representative to the UnitedNations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 8686, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

· Embassy of India inBrussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)26489638 or +32 (0)2 6451869

Please also write to the diplomaticrepresentations of India in your respective countries.

***
Geneva-Paris, March 11, 2011

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to theprotection of Human Rights Defenders and aims to offer them concrete support intheir time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

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