INDIA: West Bengal state administration trying to intimidate human rights defenders

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the MASUM, a local human rights group working from West Bengal, India that their office was searched and documents seized by the West Bengal Police on 12 June 2008. MASUM is a human rights group of high reputation and has intervened in several human rights cases in West Bengal. MASUM’s role was of particular importance during the Nandigram incident where MASUM along with other human rights groups and individuals not only helped the victims of political and state sponsored violence in the state, but also regularly reported these incidents to the rest of the world. It appears that the search is a kneejerk reaction of the West Bengal state administration which is overwhelmingly embarrassed about the adverse exposure led by MASUM concerning the state of affairs in West Bengal, particularly regarding the law enforcement agencies in that state.

CASE DETAILS:

MASUM is a human rights group operating from West Bengal. It is an organisation of good reputation and has several nationally and internationally known human rights activists associated with its daily work. Since inception MASUM was actively engaged in reporting and intervening in human rights cases, particularly concerning the violence committed by the law enforcement agencies in West Bengal. The AHRC has reported through its Urgent Appeals Programme more than 300 cases reported by MASUM. Most of these cases exposed atrocities committed by the West Bengal state police and the Border Security Force stationed along the Indo-Bangladesh border.

MASUM’s office often used to be a refuge for victims of human rights violations who feared further repurcation from the police for complaining against them. It is also a shelter for victims of political violence who suffered attacks and assaults from the cadres of the local political party Communist Party of India (Marxist) [CPIM] that is ruling West Bengal for more than the past three decades.

MASUM is also a network partner of the Tamilnad based human rights group PWTN for their national campaign against torture. This programme is implemented by the PWTN after receiving funding from the European Union. MASUM’s activities related to the PWTN’s work is covered by the funding received by MASUM from the PWTN.

As the last phase of its national campaign, the PWTN had organised public hearings on torture cases documented by its network partners. One such hearing was held by MASUM and the PWTN on 9 and 10 June 2008 in West Bengal. About 1200 victims and their families were present for the hearing in which some 82 victims deposed in the hearing. The West Bengal Police tried to interrupt the proceeding which was chaired by well respected human rights activists and judges in India. However the proceedings continued and the hearing was completed.

Later, on 12 June 2008 police officers from the Detective Branch of West Bengal state police led by the Assistant Commissioner of Police (ACP) Mr. Prabir Chatterge marched into MASUM’s office late in the evening claiming that they have obtained a search warrant from the Chief Metropolitan Magistrate Court to conduct a search in MASUM’s office. Neither the ACP nor his subordinate officers were in uniform. None of the officers had any identification name tags. While the officers entered MASUM’s premise some six to ten uniformed police constables armed with rifles stationed outside MASUM’s office. The police had also brought journalists along with them and also had police photographers taking pictures of the search.

When the MASUM requested for information why such a search was conducted and on what suspicion, the police officers refused to divulge any information. The police officers only informed that they had obtained a search warrant from the court for the search. On further questioning it was revealed that the officers did not have an omnibus order for search, but was permitted only to look into the activities of MASUM that linked them with the PWTN anti-torture campaign. MASUM cooperated with the police officers. However, throughout the search the police officers tried to harass MASUM by taking ‘mug shots’ of the MASUM staff as if they are some criminals apprehended after committing a crime.

The police seized some documents from the MASUM office and prepared a seizure list, as required under Indian law. The police have also seized some audiovisual equipment from MASUM which was also included in the list. It is also reported that some of the police officers were apologising for the trouble caused to MASUM, but maintained that they have to abide by the ‘orders from above’ without questions. These off the cuff remarks by some police officers strengthen MASUM’s suspicion about the actual purpose of the search.

It is reported that the West Bengal state administration was continuously embarrassed by the exposure MASUM made against the law enforcement agencies in the state throughout the past several years. Each case reported by MASUM was well documented and exposed blatant breach of law by the law enforcement agencies in West Bengal. For example in UA-279-2006 the facts of the case indicated that a high-ranking police officer practiced torture and abuse of authority even to settle their private disputes.  The accused senior officer involved in this case also work for the Intelligence Branch of the West Bengal state police.

In some other cases like in UA-296-2007, the facts of the case exposed a police officer who poured acid into the anus of a suspect. In cases like UA-206-2006 MASUM’s report exposed the deplorable condition of scientific investigation facilities in West Bengal like the autopsy facilities in the state. In this case MASUM exposed the gruesome fact that human body parts were eaten away by rats and other rodents in mortuaries under the custody of West Bengal police. In cases like UA-174-2006, UA-072-2007 and AHRC-UAC-080-2008MASUM exposed atrocities committed by the Indian Border Security Force stationed along the Indo-Bangladesh border. In cases like UP-192-2006, UP-132-2006, UA-163-2005 and UA-59-2005 MASUM exposed the atrocities committed by the police officers stationed in Jalangi Police Station in Murshidabad district, West Bengal. The same police, known among the ordinary people and in international human rights circles as being one of the most notorious police stations in South Asia was declared as a model police station by the West Bengal State Government this year.

In addition to these cases involving law enforcement agencies, MASUM also reported cases involving the ruling CPIM carders when they terrorised the residents of Nandigram in West Bengal. For further information please see UP-160-2007.

The above examples are just a few cases that show how illuminating MASUM’s reports were concerning the situation of rule of law in West Bengal.

In the past several years MASUM and its staff have been facing staunch opposition from the West Bengal state administration. There were occasions where the local police or special branch officers were asked to investigate MASUM and its activities. In one such incident in 26, November 2006 MASUM’s office was searched by officers from the District Intelligence Branch. However nothing incriminating was recovered since MASUM is engaged in legitimate human rights activities.

The search of MASUM’s office is not an isolated incident. Such intimidation against human rights activists and organisations have now formed a pattern in India where the state governments intimidate persons directly and indirectly using police. After such acts, the police try to justify their act by trying to portray the organisation or the activist as an anti-national or anti-state agency. The most luminous example is the case of Dr. Binayek Sen from Chhattisgarh state. Dr. Sen’s office was also searched in a similar fashion by the state police in that state and after recovering documents, the police accused Dr. Sen, a world renowned pediatric, as an anti-national arrested him and detained him at Raipur Central Prison. Even today the police claim that they have recovered ‘incriminating’ evidence against Dr. Sen proving his ‘connection’ with the anti-state Naxalite movements in India. Yet, the police, after more than one year and even during the trial of Dr. Sen’s case in court have failed to produce any evidence of such nature against Dr. Sen.

While it is still unclear why the police obtained a warrant of search against MASUM there are some alarming aspects regarding the entire incident. It is a requirement under the Indian law that a police officer entering a private premise looking for evidence or suspects in a crime must divulge to the owner of the premise the intention and the reason for such conduct by the police. It is a right of the owner of the premise and that of the suspect. This was not followed by the police in MASUM’s case. It is also the right of the accused or the owner of a premise to know the identity of the police officers who conduct the search or arrest. In MASUM’s case that also was breached since none of the officers were in uniform or having a name tag. It is only when MASUM enquired the ACP divulged his identity. It is of course the prerogative of an investigating agency to obtain a search warrant to investigate premises or even to seize documents and objects of relevance during such search. But no law in India effectively prohibits or even poses deterrence for the misuse of this authority.

It would be extremely difficult for MASUM to successfully sue the West Bengal Police if no incriminating evidence is recovered against MASUM from the search or the documents seized. This legal lacuna is exploited by the local police to aid the state administration to silence human rights activists in India. If matters are pushed beyond the control of the state police and the administration, they might also register a false case against the organisation to justify their action.

The concern in these circumstances is not just the hindrance to a day’s work for a human rights organisation. But the damage such interventions cause to the confidence of the ordinary victims who come looking for assistance of these organisations is often irreparable. This is what in fact the state administration is looking forward for. While such acts by the state police motivated by the state administration sends warning messages to other human rights organisations in India, it also serves the purpose of warning the victims, that if the state could do such acts with impunity against the organisation that helps them, it could do even worse to the victims.

In these circumstances it is highly necessary to investigate the entire background of the search that was carried out in MASUM’s office. It is also equally important that the Indian authorities are cautioned from taking arbitrary and adverse actions against human rights organisations and activists.

SUGGESTED ACTION:

Please write to the authorities named below expressing your concern in this case. The AHRC has already written to the UN Special Rapporteur on the situation of human rights defenders calling for an intervention in this case.

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