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

November 11, 2003

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

11 November 2003

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UA-71-2003: INDIA: Human Rights defenders under duress by the police and in danger of victimization

INDIA: Intimidation against human rights defenders

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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

Sample letter:

Dear

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

I am shocked to learn of the attack and search against the People's Watch-Tamil Nadu by the state police.

People's Watch-Tamil Nadu is a well-known organization for its activities to defend the rights of the people of India. Their courageous attempts to fight against torture, rape and cell murders by the police has 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 the People's Watch should have been an eye opener to the police to take suitable steps to reform itself. Instead, the organization has been attacked. It also appears that the judiciary has been misled by the police to allow such a search.

The current situation is a big challenge to the human rights institutions in the country. Defending human rights defenders is the only way to ensure the protection of the people and to promote human rights.

Therefore, I urge you to intervene in this matter immediately and provide full protection to the People's Watch-Tamil Nadu and its staff. I also urge you to order independent and impartial investigation of this case. Meanwhile, the officers who were involved in this attack, should be suspended from their jobs pending further inquiries.

Thank you for your attention.

 

 

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Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-71-2003
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.