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INDIA: Human rights defenders and victims of human rights violations arrested by West Bengal Police during a protest meeting

December 15, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

15 December 2005
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UA-237-2005: INDIA: Human rights defenders and victims of human rights violations arrested by West Bengal Police during a protest meeting

INDIA: Human rights defenders; assault; threat and intimidation; police inaction
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the arrest of various human rights defenders working in West Bengal along with victims of human rights violations on 9 December 2005, the next day being the Universal Human Rights Day.

The human rights defenders and victims were silently protesting in front of the Writer’s Building (the state government secretariat) against government inaction and gross human rights violations such as custodial torture, faulty investigation procedures and delays in the justice system, eviction of poor from certain areas, state neglect and denial of malnutrition and starvation cases, many of which have resulted in deaths. The twenty-two arrested people were thrown into police vans and taken to the Lalbazar central lock up where the arrestees demanded that the police produce a memo of arrest. They were however soon released after each of them signed a personal release bond.

The AHRC condemns this police action. The state is rife with incidents of gross violations and related systemic problems mostly dealt with inefficiently by the state administration and the law enforcement authorities. We only wish that the authorities would display such fervor in addressing these issues, instead of attacking those very people who focus on them. We also wish that they were more in touch with the victim’s problems and supportive of the work of human rights defenders and non-governmental organisations rather than discrediting them. It is also to be noted that arresting persons without an arrest memo and without informing the arrestees of the reasons for it is a breach of law by itself and action should be taken against the police personnel responsible for this.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: 
1. Mr. Kirity Roy, Secretary, Masum
2. Mr. Abhijit Datta, Advocate, Assistant Secretary, Masum
3. Mr. Pradip Mukherjee, Office Assistant, Masum
4. Mr. Mukhtar Ahmed, Titagarh
5. Mr. Gopen Sharma, Jalangi
6. Mr. Faizuddin Biswas, victim of hunger, Jalangi, Murshidabad
7. Mr. Pintu Biswas, (physically handicapped) victim of hunger, Jalangi,  Murshidabad
8. Ms. Shyamali Haldar, victim of hunger, Jalangi, Murshidabad (lost her 18 month son due to starvation)
9. Mr. Nirmal Karmakar, Secretary of Deganga unit of APDR
10. Mr. Phanigopal Battacharjee, Secretary of Indo Japan Steels Workers Union & Working President of Sramajibi Hospital, Belur
11. Achintya Chatterjee, worker of IJSL
12. Nripen Chandra Kangsabanik, worker of IJSL
13. Swapan Roy, worker of IJSL
14. Swapan Paul, worker of IJSL
15. Bhola Patra, worker of IJSL
16. Narayan Debnath, worker of IJSL
17. Gour Hari Pradhan, worker of IJSL
18. Ms. Lakhsami Sahoo, mother of Mousumi Ari, a victim of improper investigation procedures
19. Ms. Matangani Sahoo, aunt of Mousumi Ari
20. Mr. Sukumar Sahoo, father of Mousumi Ari
21. Mr. Subodh Sahoo uncle of Mousumi Ari
22. Mr. Dipankar Mitra of Actionaid International, Kolkata chapter
Date and time of incident:  9 December 2005, at around 3 p.m
Place of incident: In front of the Writers building, Kolkata
Alleged perpetrators: Kolkata Police

Case details:

On 9 December 2005, various human rights activists from West Bengal along with victims of hunger and starvation from Jalangi, Murshidabad District decided to hold a silent protest meeting to voice their dissent over government inactions and rights violations. There concerns were focused specifically on custodial torture, faulty investigation procedures and delays in the justice system, eviction of the poor from certain areas, state neglect and denial of malnutrition and starvation cases, which have led to many deaths.

The protest marked the Universal Human Rights Day and the protesters decided that they would all carry posters and light candles, but there would be no shouting of any slogans.

However, during the course of this meeting, at about 3 pm, the Kolkata police, including some police officers of the Hasings police station arrested the silent protesters without any memo of arrest and threw them into police vans. The twenty-two arrestees were then taken to the Lalbazar central lock up, which is the head quarters of the Kolkata police. Here, the protesters once again demanded that they be shown the memo of arrest but the police told them that since they would be releasing them there was no need for a memo.

The protesters were then released after each of them signed a personal release bond. In the bond, the case number was not mentioned.

SUGGESTED ACTION:

Please write to the various authorities listed below expressing your concerns over the police action in this case wherein they arrested innocent people without any arrest memo and gave them no reasons for doing so.

Suggested letter:

Dear ______________,

INDIA: Human rights defenders and victims of human rights violations arrested by West Bengal Police during a protest meeting

Name of the victims: 
1. Mr. Kirity Roy, Secretary, Masum
2. Mr. Abhijit Datta, Advocate, Assistant Secretary, Masum
3. Mr. Pradip Mukherjee, Office Assistant, Masum
4. Mr. Mukhtar Ahmed, Titagarh
5. Mr. Gopen Sharma, Jalangi
6. Mr. Faizuddin Biswas, victim of hunger, Jalangi, Murshidabad
7. Mr. Pintu Biswas, (physically handicapped) victim of hunger, Jalangi,  Murshidabad
8. Ms. Shyamali Haldar, victim of hunger, Jalangi, Murshidabad (lost her 18 month son due to starvation)
9. Mr. Nirmal Karmakar, Secretary of Deganga unit of APDR
10. Mr. Phanigopal Battacharjee, Secretary of Indo Japan Steels Workers Union & Working President of Sramajibi Hospital, Belur
11. Achintya Chatterjee, worker of IJSL
12. Nripen Chandra Kangsabanik, worker of IJSL
13. Swapan Roy, worker of IJSL
14. Swapan Paul, worker of IJSL
15. Bhola Patra, worker of IJSL
16. Narayan Debnath, worker of IJSL
17. Gour Hari Pradhan, worker of IJSL
18. Ms. Lakhsami Sahoo, mother of Mousumi Ari, a victim of improper investigation procedures
19. Ms. Matangani Sahoo, aunt of Mousumi Ari
20. Mr. Sukumar Sahoo, father of Mousumi Ari
21. Mr. Subodh Sahoo uncle of Mousumi Ari
22. Mr. Dipankar Mitra of Actionaid International, Kolkata chapter
Date and time of incident:  9 December 2005, at around 3 p.m
Place of incident: In front of the Writers building, Kolkata
Alleged perpetrators: Kolkata Police

I am extremely disturbed to learn about the arrest of various human rights defenders working in West Bengal along with victims on 9 December 2005, the next day being the Universal Human Rights Day.

The human rights defenders and victims were silently protesting in front of the Writer’s Building (the state government secretariat) against government inaction and gross human rights violations such as custodial torture, faulty investigation procedures and delays in the justice system, eviction of poor from certain areas, state neglect and denial of malnutrition and starvation cases, many of which have resulted in deaths.

The twenty-two arrested people were thrown into police vans and taken to the Lalbazar central lock up where the arrestees demanded that the police produce a memo of arrest. They were only released after each of them signed a personal release bond.

I condemn this police action. The state is rife with incidents of gross violations and related systemic problems, mostly dealt with inefficiently by the state administration and the law enforcement authorities. I only wish that the authorities would display such fervor in addressing these issues, instead of attacking those very people who focus on them. I also wish they were more in touch with the victim’s problems and supportive of the work of human rights defenders and non-governmental organisations rather than discrediting them. It is also to be noted that arresting persons without an arrest memo and without informing the arrestees of the reasons for it is a breach of law in itself and action should be taken against the police personnel responsible for this.

Yours sincerely,
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PLEASE SEND A LETTER TO:

1. Mr. Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480 / 2214 1341
Email: cm@wb.gov.in , cm@writerscal.gov.in 

2. Mr. Subhash Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in 

3. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata – 700027
West Bengal
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
 
4. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001

5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.orgail: sechome@wb.gov.in 

6. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-237-2005
Countries :
Issues :
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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.