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INDIA: A group of human rights defenders in Tamil Nadu illegally arrested by the Cuddalore police

October 10, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

11 October 2004
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UA-134-2004: INDIA: A group of human rights defenders in Tamil Nadu illegally arrested by the Cuddalore police

INDIA: Human rights defenders; Illegal arrest and detention
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Dear friends,

-----------------------------------<BREAKIING NEWS>---------------------------------------
Just as the following urgent appeal was being issued, and after the issue of the AHRC statement (AS-37-2004: INDIA: Release illegally detained human rights defenders at once), the AHRC received the news that Mr. Henri Tiphagne and his colleagues were released from detention on a preventive detention order under section 151 of the Criminal Procedure Code of India.

The preventive detention order is clearly intended just for the police officers involved to cover themselves and further intimidate human rights defenders. The AHRC calls on you to write letters and make phone calls demanding that all charges against the concerned persons be dropped and that the police officers involved in this incident be subjected to full and independent disciplinary inquires without delay.
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The Asian Human Rights Commission (AHRC) has received information that 16 prominent human rights defenders including Mr. Henri Tiphagne, executive director of People's Watch-Tamil Nadu, have been illegally arrested by the Cuddalore police while they were conducting a human rights training program this morning (11 October 2004). They are currently detained at the Cuddalore Town Hall Police Station.

The arrestees have not been charged or given the First Information Report (FIR) at the time of drafting this appeal (8:15pm Hong Kong time, 11 October 2004). AHRC managed to reach Mr. Henri Tiphagne over the phone and learned that they he and the group has not been informed of reason for their arrest, and have not seen any document related to their arrest.  

The AHRC requests you to intervene into this matter immediately by making phone calls to the local authorities. Contact information of the local authorities are:

1. Director General of Police (DIG), Mr. Govind, at +91-44-28447777/7755 (Office)
2. Inspector General of Police (IGP), Mr. Jangid at his mobile +91-9444047470 / +91-44-28447777/7755 (Office)
3. Additional Director General of Police (ADIG), Mr. Rajendran at +91-44-28114410 (Office)/ +91-44-28516060 (Home)
4. Superintendent of Police, Mr. Prem Kumar at his mobile phone at +91-98-42334999 / +91-44-230060 (Office)/ +91-44-215161 (Home)
5. Director General-Investigation of the National Human Rights Commission, Mr. Santosh Kumar at+91-11-23348475

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: 1) Mr. Henri Tiphagne, executive director of People's Watch-Tamil Nadu, 2) Mr. Nizamudeen, State General Secretary of Federation of Consumer Organisations Tamilnadu (FEDCOT), 3) other 14 human rights defenders in Tamil Nadu including Mr. Balki and Mr. Murugappan
Alleged perpetrators: 1) Mr. Prem Kumar, Superintendent of Police, Cuddalore, 2) Mr. Payas Ferozkhan Abdullah, Deputy Superintendent of Police, Cuddalore, 3) a group of policemen led by Mr. Payas Ferozkhan
Date of the illegal arrest: At around 10:00am of 11 October 2004
Place of illegal detention: Cuddalore New Township Police Station
 
Case details:

At around 10:00am of 11 October 2004, 16 human rights defenders including Mr. Henri Tiphagne, executive director of People's Watch-Tamil Nadu, were arrested by the Cuddalore police led by the Deputy Superintendent of Police, Mr. Payas Ferozkhan Abdullah while they are conducting a human rights training program on the campaign against torture.

According to the information received, Mr. Henri Tiphagne along with a group of human rights activists, gathered at the venue of a human rights training program at Cuddalore. When the training was about to start at 9:30am, a group of policemen headed by Deputy Superintendent of Police Mr. Payas Ferozkhan Abdullah forcibly entered the training hall and interrupted the training program.

When Mr. Henri Tiphagne, an organizer of the program, asked the police for the reason for their entry into the hall, the police told him that they were ordered by Superintendent of Police, Mr. Prem Kumar, to prevent a press meeting being held. A press meeting was scheduled following the morning program, regarding the numerous human rights violations committed by Mr. Prem Kumar, Superintendent of Police, Cuddalore. Even though Mr. Henri Tiphagne explained the police that the press meeting would be held in the afternoon and that he wanted to conduct the training program as scheduled, the policemen ignored his words, and tried to disrupt the program. The police further requested Mr. Henri Tiphagne to cancel the program and the press meeting.

Facing the police's unlawful action to interrupt their program, Mr. Henri Tiphagne and the other human rights defenders voiced slogans criticizing the illegal activities of the police. The police then warned them that they would be arrested if they continued to shout slogans. When Mr. Henri Tiphagne demanded the police to show a warrant of the arrest, the policemen led by Deputy Superintendent arrested Mr. Henri Tiphagne and 15 other human rights defenders forcefully and took them to the Cuddalore Town Hall Police Station, where they are currently being detained.

According to the latest information received, the police have not charged against those arrested. When Mr. Henri Tiphagne was reached, he informed that up to now the only official reason of their arrest given by the police is that they prevented a computer training program for women police constables being conducted by occupying the hall for their training program.  
  
People's Watch Tamil Nadu believes that the action by the police against the human rights defenders is a well planned act to take revenge on Mr. Henri Tiphagne of his involvement in getting Mr. Prem Kumar convicted on a human rights violation case of an ex-army Subedhar Mr. Nallakamu. In this earlier case, Mr. Prem Kumar was convicted and ordered to pay Rs. 10,000 penalty to Gandhi Museum. Accordingly, Mr. Prem Kumar was also suspended from Election Commission during the recent Parliamentary Election.

The AHRC is deeply concerned by the illegal arrest and detention of human rights defenders in Tamil Nadu by the Cuddalore police. The AHRC urges the government of India to intervene urgently to release the arrested people immediately, and take strong legal/disciplinary action against Superintendent Mr. Prem Kumar and other police officers who were involved in this matter.

SUGGESTED ACTION:
Please make a phone call and send a letter to the local authorities requesting immediate release of the arrested human rights defenders.

(**PLEASE AMEND THE SAMPLE LETTER DEMANDING THAT ALL CHARGES AGAINST THE CONCERNED PERSONS BE DROPPED.)
 
Sample letter:

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Dear ________,

Re:  A group of human rights defenders in Tamil Nadu illegally arrested by the Cuddalore police

Name of the victim: 1) Mr. Henri Tiphagne, executive director of People's Watch-Tamil Nadu, 2) Mr. Nizamudeen, State General Secretary of Federation of Consumer Organisations Tamilnadu (FEDCOT), 3) other 14 human rights defenders in Tamil Nadu including Mr. Balki and Mr. Murugappan
Alleged perpetrators: 1) Mr. Prem Kumar, Superintendent of Police, Cuddalore, 2) Mr. Payas Ferozkhan Abdullah, Deputy Superintendent of Police, Cuddalore, 3) a group of policemen led by Mr. Payas Ferozkhan
Date of the illegal arrest: At around 10:00am of 11 October 2004
Place of illegal detention: Cuddalore New Township Police Station

I am writing to bring to your urgent intervention into this matter.

I have received information that 16 prominent human rights defenders in Tamil Nadu have been illegally arrested by the Cuddalore police led by Deputy Superintendent of Police, Mr. Payas Ferozkhan Abdullah, while they were conducting a human rights training program on 11 October 2004. The arrested activists are currently detained at the Cuddalore Town Hall Police Station.

It is alleged that this illegal arrest was instructed by Superintendent of Police, Mr. Prem Kumar, who wanted to prevent a press meeting regarding the numerous human rights violation cases against him, which was scheduled after the training program.

I strongly urge you to take appropriate action for the immediate release of the arrested human rights activists. I also urge you to conduct a effective investigation about this matter and take strong legal/disciplinary action against Superintendent of Police, Mr. Prem Kumar and the other officers who were involved in this matter.

I look for your intervention into this matter.

Sincerely yours,


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Send a letter to:

1. Mr. I.K. Govind
Director General of Police (DIG)
Dr.Radhakrishnan Salai
Mylapore,
Chennai - 600 004
Tamil Nadu
INDIA
Tel: +91-44-28447777/7755 (Office)
Fax: +91-44-28447703
Attention: Mr. Rajendran (personal secretary of DIG)

2. Mr. Jangid
Inspector General of Police (IGP)
Tel: +91-9444047470 (mobile phone)/ +91-44-28447777/7755 (Office)

3. Mr. Rajendran
Additional Director General of Police (ADGP)
Tel: +91-44-28114410 (O)/28516060 (H)

4. Mr. Prem Kumar
Superintendent of Police, Cuddalore
Tel: +91-98-42334999 (mobile phone)/ +91-44-230060 (O)/215161 (H)

5. 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
 
6. Justice A S Anand
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg
New Delhi - 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in

7. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006


Thank you.

Urgent Appeals Programme
Asian Human Rights Comission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-134-2004
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.