UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Update on Urgent Appeal

1 August 2007

[RE: UP-091-2007: INDIA: Arbitrary detention of Dr. Binayak Sen continues; UP-079-2007: INDIA: Continuing detention of human rights activist in Chhattisgarh; FA-003-2007: INDIA: Arrest of a prominent human rights activist over oppressive laws]
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UP-106-2007: INDIA: Arbitrary detention of Dr. Binayak Sen continues

INDIA: Inhuman and degrading treatment; abuse of power; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) is appealing to you to write to the Indian authorities requesting them to drop the false charges against Dr. Binayak Sen and release him from custody. Dr. Sen is a human rights activist and medical doctor currently being held at Raipur Central Prison in Chhattisgarh state. The state police alleges that Dr. Sen is linked to the Naxalite movement in Chhattisgarh state and has thus connived to rebel against the state.

CASE DETAILS:

Dr. Binayak Sen is a medical doctor specialised in Pediatrics. Dr. Sen is a renowned doctor and a consultant of the state and central government on public health. Dr. Sen is practicing medicine in the remote villages of Chhattisgarh state. He treats the children in remote tribal villages of the state.

Owing to complete state neglect and oppression by the state government, particularly against the tribal community in the state, there is an overwhelming presence of the Naxalite underground group operating in the state. The Naxalite cadres are engaged in a declared war against the state government against its policies of forced eviction and sale of tribal land and other natural resources like the rivers in the state to corporate entities. Dr. Sen being a social activist and a medical practitioner never discriminated anyone from receiving his services. Dr. Sen's services are given free of cost to the poor children.

To suppress the Naxalite movement the state government has formed a private armed militia called the Salwa Judum. In fact the militia is formed under the leadership of Mr. Mahendra Karma, the Leader of Opposition in the state assembly, but widely supported by the Hindu BJP government ruling the state. Dr. Sen is a strong advocate against the violence perpetuated by the Salwa Judum.

Displeased by Dr. Sen's public statements against state sponsored violence in the state, the state government has charged Dr. Sen as a sympathiser of the Naxalite movement and has arrested him on 14, May 2007. For this, the state government has pressed into use the Chhattisgarh Special Public Security Act, 2005. This law is a draconian law which provides arbitrary powers to the state and its agents to question, charge and detain indefinitely anyone suspected to be involved with Naxalite activities. Since arrest Dr. Sen is continuously questioned by the state police, but nothing incriminating has yet been discovered by the investigating agencies against Dr. Sen.

In the meanwhile several attempts for releasing Dr. Sen were made through the local courts. All these attempts at the lower court and the high court have been futile. Even though the state government and the investigating agencies has thus far not able to produce a single piece of evidence against Dr. Sen connecting him with the Naxalite movement, the courts have denied bail to Dr. Sen.

Even as of today the state police has not filed a charge sheet against Dr. Sen. Dr. Sen was produced at the Chief Judicial Magistrate Court, Raipur on 30 July 2007. But the state police again have requested the court for time to file a charge sheet against Dr. Sen. The court has allowed the request and has given time for the state police to file the charge sheet on 2 August 2007.

Even though the state police had alleged in the past that they have recovered several information from the hard-disk of Dr. Sen's computer, the police has not yet produced anything incriminating against Dr. Sen in the court. In fact the state police who requested for several adjournments of the hearing upon the bail applications on that ground finally submitted in the court that they could not find anything from Dr. Sen's computer hard-disk that could connect Dr. Sen with the crime alleged against him. Dr. Sen and his colleagues are now planning to appeal to the Supreme Court of India in this case.

Dr. Sen is also the National Vice President of an Indian human rights organisation called the People's Union for Civil Liberties [PUCL]. PUCL is a well renowned organisation in India that has initiated several interventions in the Indian courts, to ensure justice to the ordinary people and the poor. Several of its interventions at the Supreme Court have contributed to the development of human rights jurisprudence in India.

Several people have expressed concern regarding the arrest and continuing detention of Dr. Sen. The Asian Human Rights Commission (AHRC) has issued three appeals calling for the immediate release of Dr. Sen. For further information please see FA-003-2007, UP-079-2007 and UP-091-2007.

The PUCL - Chhattisgarh unit had convened a meeting on 29 July 2007 and in the meeting it was resolved to observe 14 August 2007 as a black day. August 15 is the independence day of India.

The AHRC is also concerned about the safety of Dr. Sen. The AHRC and its local partners are also concerned about the safety of other human rights activists, including Dr. Sen's family in Chhattisgarh. The AHRC immediately call for an intervention in this case, particularly by letters written to the Chhattisgarh state administration calling the state administration to withdraw the charges against Dr. Sen and to release him from custody.

The AHRC will keep you informed about the further development in the case. However in the meanwhile if you wish to receive any additional information, please contact:
Mr. Rajendra K Sail
President –PUCL Chhattisgarh State Chapter
Post Box No. 87
Main Post Office, Raipur – 492001
Chhattisgarh
INDIA
Email: pucl.cg@gmail.com

SUGGESTED ACTION:
Please send letters to the relevant authorities listed below, particularly to the Chief Minister Dr. Ram singh, calling for an immediate investigation into this case.

To support this appeal, please click here:

Sample letter:

Dear ________,

INDIA: Please withdraw the charges against Dr. Binayak Sen, and release Dr. Sen from custody

Name of victim: Dr. Binayak Sen, National Vice-President, the Peoples’ Union for Civil Liberties, currently detained at Raipur Central Prison
Date of arrest: 14 May 2007

I am writing to you to express my concern about the continuing detention of Dr. Binayak Sen, a well renowned human rights activist and medical doctor of your state. I am aware that Dr. Sen, charged with crimes under the Chhattisgarh Special Public Security Act, 2005 has been denied bail by the court and is currently detained at the Raipur Central Prison.

I am aware that one of the charges leveled against Dr. Sen is regarding his alleged involvement with the anti-state rebel groups in Chhattisgarh state. However, I am informed that there are no credible evidences to substantiate this allegation.

I am surprised by the reaction of the government in arresting a prominent human rights activist and doctor merely because he was involved in providing medical assistance to the poor. I am aware that Dr. Sen's arrest has brought in enormous criticism against your state administration which is already suffering from a bad image due to maladministration. I am also aware that several persons have written to your government asking to withdraw the charges against Dr. Sen, which your administration has denied thus far.

Resorting to violence is by no means an invitation for discussion to resolve the issues that your state is currently facing. The very engagement of Salwa Judum, a private army funded and trained by the state is one of the worst acts an administration could do to resolve a crisis. Resolution of a crisis begins with discussion of issues in a peaceful manner. If the state government also resort to violence what is the deference between your administration and the rebels in your state?

In this context I request you to immediately take the following measures:

1. To release Dr. Binayak Sen and withdraw all charges pending against him;

2. To order a public inquiry into the entire incident that led to the arrest of Dr. Sen and to make public the findings of the inquiry;

3. To withdraw immediately the Chhattisgarh Special Public Security Act, 2005 and its application within the state;

4. To prohibit immediately the functioning of Salwa Judum and to conduct an inquiry into the past activities of this group engaging the civil society in India;

5. To engage with the civil society, other concerned citizen groups and the Government of India to find out ways and means to end the culture of violence in the state and;

6. To constitute an independent body to find out the atrocities committed by the state agents and the rebels and to make the findings public and to take appropriate actions against the perpetrators through the means accepted by the Criminal Procedure Code of India.

Yours sincerely,

____________

PLEASE SEND YOUR LETTERS TO:

1. Dr. Raman Singh
Chief Minister
Chief Minister's Office
Raipur, Chhattisgarh
INDIA
Tel: +91 771 2221000, 2221001, 2331001
Fax: +91 771 2221306
Email: cmcg@nic.in

2. Mr. Ramvichar Netam
Home Minister
Office of the Home Minister
Raipur, Chhattisgarh
INDIA
Email: hmin.cg@nic.in 

3. Mr. Shivraj Singh
Chief Secretary
Government of Chhattisgarh
Raipur, Chhattisgarh
INDIA
Tel: +91 771 2221207
Fax: +91 771 2221206
Email: cs-cg@nic.in & shivraj@nic.in 

4. Ms. Hina Jilani
Special Representative of the Secretary-General on the situation of human rights defenders
Room 1-040, OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

5. Dr. Manmohan Singh
Prime Minister
7, Race Course Road, New Delhi 110011
Fax: + 91 11 23019334
Email: pmosb@pmo.nic.in

6. Mr. Pranab Mukerjee
External Affairs Minister
Government of India
172, South Block, New delhi 110011
INDIA
Fax: + 91 11 23793704
Email: eam@mea.nic.in & diream@mea.nic.in
 
7. Mr. Nirupam Sen
Ambassador – New York Permanent Mission
235 East 43rd St.
New York, NY 10017
U.S.A.
Fax: + 212 490 9656
Email: india@un.int & indiaun@prodigy.net

8. Mr. Jayant Prasad
The Ambassador – Geneva Permanent Mission
7 bis, rue du Valais
1202 Geneva
SWITZERLAND
Fax: + 41 22 906 86 70
Email: mission.india-cd@ties.itu.int

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)