INDIA: Human Rights defenders under duress by the police and in danger of victimization 

Dear friends

The Asian Human Rights Commission (AHRC) has received information that the police searched the premises of the People’s Watch-Tamil Nadu, a prominent human rights organization in Tamil Nadu on 5 November 2003. More seriously, it is alleged that the police had threatened the executive director of the organization during People¡¦s Watch¡¦s public hearings about human rights violations and the gross negligence of the state police. The search of the premises followed that threat.

AHRC is concerned that the search was an attempt to intimidate the organization by the police. Your urgent action is required to correct this matter immediately.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of the victim: People’s Watch-Tamil Nadu and its staff

Names of perpetrators: Deputy Superintendent of Police Shivakashi, Deputy Superintendent of Police Sattur, Inspector of Police Mr. Vallaiyan of the Thiruthangal Police Station, and the police constables along with the above officers

Date of incident: 5 November 2003

Place of incident: People’s Watch-Tamil Nadu office in Madurai, Tamil Nadu, India .

Case details:

At about 7:30am on 5 November 2003, the Tamil Nadu police searched the office of the People¡¦s Watch-Tamil Nadu, a prominent human rights organization in that region. They conducted a search on the pretext of arresting a criminal, whom they suspected to be harbored at the organization’s office at Vallabhai Road, Madurai, Tamil Nadu.

People¡¦s Watch is a well-known organization which has been playing an important role in defending the rights of the people in Tamil Nadu State. Their courageous attempts to fight against torture, rape and cell murders by the police have been a great contribution to a society that has suffered from the intimidating influence of the police for a long time. Under the circumstances, the public hearings organized by People¡¦s Watch should have been an eye opener to the police to take suitable steps to reform itself. Instead, the organization has been searched by the police and is in danger of victimization. In addition, it was reported that the police intimidated the activists of the organization.

The recent intimidation by the police is as follows:

From 27 October to 28 October 2003, People’s Watch conducted two public hearings in association with the National Commission for Women and the Tamil Nadu State Commission for Women. In these hearings, they brought to light serious human rights violation cases and gross negligence of the state police with violation of their duty. The police officers, who were present at the public hearing, threatened the executive director of the organization, saying that he or his staff would face serious trouble if they continue such exposure. After that, a search by the police of the organization¡¦s premises followed, allegedly for harboring criminals.

During the search on 5 November 2003, the executive director Mr. Henri Tiphangne was at the office and he requested the police officers to produce a search warrant. The police officer produced a search warrant dated 05-11-2003, which was issued from the court office, allegedly executed by the local magistrate. However, considering that the working hours of the court start from 9:00am (the search was conducted at 7:30am), the credibility of the warrant itself is doubtful. If the magistrate had issued the search warrant very early in the morning, it would show how the police have misled the judiciary for such a search. In addition, none of the police officers except a sub inspector wore name badges on their uniform, violating their duty. The purpose is to hide their identity in case of possible legal action against them. These acts of victimization of human rights defenders by the police clearly illustrate how far the police have gone in terrorizing the citizens.

The act also violated article 2 (1) of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. In article 2 (1), it states that every state has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms.

On the contrary, the Indian government has not yet taken any serious action to commit to its international obligation and has ignored and even promoted police violence against citizens with genuine impunity. Besides, the intimidation and violence against human rights defenders are serious threat to the existence of human rights mechanisms in the country.

SUGGESTED ACTION:

Please send a letter, fax or email to the local authorities and express your concern of this serious case.

1. Shri. A.P.J. Abdul Kalam
President of India
Rashtrapathi Bhavan
New Delhi -110001
INDIA
Tel: + 91 11 23015321
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in

2. Shri Justice A. S. Anand
Chairperson of the National Human Rights Commission
Sardar Patel Bhawan
Sansad Marg
New Delhi – 110 001
INDIA
Tel: + 91 11 2334 0891 / 2334 7065
Fax: + 91 11 2334 0016 / 2336 6537 / 2334 4113
E-mail: chairnhrc@nic.in 

3. Mr. L.K.Advani

The Minister of Home Affairs

South Block, Raisina Hill,

New Dehli 110 001

INDIA

Fax: +91 11 3015750

4. Justice Pratap Singh Maaligai

Chairperson

Tamil Nadu Human Rights Commission

2F, Room No. 35,

Thiru Vi. Ka. Salai. Royapettah,

Chennai – 600 014

INDIA

5. Ms. Hina Jilani

Special Representative of the Secretary-General on the Situation of Human Rights Defenders
c/o OHCHR-UNOG,

1211 Geneva 10,

SWITZERLAND
Fax: +41 22 917 9006

 

 

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