IND 002 / 1206 / OBS 144

Search / Harassment

INDIA

December 6, 2006

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), requests your urgent
intervention in the following situation in *India*.

 Brief description of the situation:

The Observatory has been informed by reliable sources about the
arbitrary search of the headquarters of Manabadhikar Suraksha Mancha
(MASUM), a human rights organisation working in India and South Asia and
specialised in denouncing torture cases, in Howrah, West Bengal.

According to the information received, on November 21, 2006, the MASUM
headquarters were searched by a police officer from the District
Intelligence Branch Department (DIB), seeking for information about the
activities of the organisation. In particular, the police officer took
the address of Mr. Kirity Roy, MASUM Secretary General and a national
executive member of the Indian branch of Amnesty International, and
asked for the registration certificate of the organisation.

When Mr. Roy, who was in the office at the time of the search, asked the
police officer for a warrant, the latter answered that he was following
orders given by Mr. Raj Kanojia, the West Bengal General Inspector of
Police (Law and Order). He then left, saying that he would bring the
warrant later on that day.

Shortly after, Mr. Kirity Roy received a phone call from the same police
officer, summoning him to meet the Deputy Superintendent of Police, at
the DIB office in Howrah. When Mr. Roy asked him to send him a written
notice, the police officer hung up.

On November 10, 2006, the headquarters of MASUM had already been
arbitrarily searched by this officer. During this search, MASUM was
asked about its activities and its registration certificate, as well as
the names, addresses and phone numbers of its leaders. The only employee
present at the time refused to answer and asked him to come later on.

The Observatory recalls that on December 9, 2005, Mr. Kirity Roy had
been arbitrarily arrested in Lal Bazar, Kolkota, West Bengal, along with
21 persons, including Mr. Abhijit Datta, MASUM assistant secretary,
Mr. Pradip Mukherjee, MASUM employee, Mr. Nirmal Karmakar, secretary of the Deganga unit of the Association for the Protection of Democratic
Rights (APDR), Mr. Phanigopal Battacharjee, secretary of the
Indo-Japan Steels Workers Union, and Mr. Dipankar Mitra, a member of
the Kolkota section of Actionaid International. They were peacefully
protesting in front of the Secretariat of the government of West Bengal,
in order to denounce cases of human rights violations committed by
police officers.

All these persons were detained at the Lal Bazar police station, before
being released three hours later without charges (see 2005 Annual Report
of the Observatory).

The Observatory strongly condemns these acts of harassment against
MASUM, as they only seem to sanction its human rights activities.

 Action requested:

Please write to the Indian authorities and ask them to :

i. take all necessary measures to guarantee, in all circumstances, the
physical and psychological integrity of MASUM members, in particular Mr.
Kirity Roy;

ii. put an immediate end to all forms of harassment against MASUM
members and human rights defenders in India, and guarantee in all
circumstances that human rights defenders and organisations are able to
carry out their work without any hindrance;

iii. comply with the provisions of the Declaration on Human Rights
Defenders adopted by the UN General Assembly on December 9, 1998, in
particular article 1, which states that “everyone has the right,
individually or collectively, to promote the protection and fulfilment
of human rights and fundamental freedoms at the national and
international levels”, as well as article 12.2, which provides that “the
State shall take all necessary measures to ensure the protection by the
competent authorities of everyone, individually or 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”;

iv. guarantee the respect of human rights and fundamental freedoms in
accordance with the Universal Declaration on Human Rights and other
international human rights instruments ratified by India.

Addresses:

– Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office,
Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857

– Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home
Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309
2979

– Justice Mr. Y.K. Sabharwal, Chief Justice of India, Supreme Court of
India, 1 Tilak Marg, New Delhi, Fax: +91 11 233 83792, Email:
supremecourt nic.in  nic.in>

– Justice A.S. Anand, Chairperson, National Human Rights Commission of
India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11
230 74448, Fax: +91 11 2334 0016, Email: chairnhrc nic.in
 nic.in>

– Mr. Okram Ibobi Singh, Chief Minister of Manipur, Chief Minister’s
Secretariat, Babupara, Imphal, Manipur, Fax: +91 385 222 1817, Email:
cmmani hub.nic.in  hub.nic.in>

– Justice W. A. Shishak, Chairperson, Manipur State Human Rights
Commission, Courts Complex Lamphelpat, Imphal, Manipur, India, Fax: +91
385 410472.

– H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and
Plenipotentiary Permanent Representative to the United Nations (Geneva),
Rue du Valais 9 (6ème étage), 1202 Geneva, Tel: +41 22 906 86 86, Fax:
+41 22 906 86 96, Email: mission.india ties.itu.int
 ties.itu.int>

– Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217
Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or
+32 (0)2 6451869

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

***

Geneva - Paris, December 6, 2006

Kindly inform the Observatory of any action undertaken quoting the code
number of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection
of human rights defenders and aims to offer them concrete support in
their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the
French Republic.

To contact the Observatory, call the emergency line:

Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80

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

Email : Appeals fidh-omct.org

---

Isabelle Brachet

Desk Officer for Asia

International Federation for Human Rights (FIDH)

17, passage de la Main d’Or

75011 Paris-France

Tel: 00 33 1 43 55 25 18

Fax: 00 33 1 43 55 18 80