Inde: des défenseurs des droits humains craignent d’être arrêtés sous de fausses accusations de liens avec les Maoïstes

Your Excellency,

I am deeply concerned that human rights defenders, Duskar Barik, Mamata Barik, Jayanti Sethy and Ranjan Patnaik currently fear arrest by police following reports that they have alleged links with armed Maoist groups. The above-mentioned human rights defenders all work for the Keonjhar Integrated Rural Development and Training Institute (KIRDTI), an organisation that campaigns for the land rights of adivasis, or indigenous populations, ecological protection from mining and illegal felling of woods, in Harichandanpur and Banspal Block of Keonjhar district in Orissa. KIRDTI is also involved in working on development activities with the 'Juang' tribal community.

On 11 July 2008, the above-mentioned human rights defenders were forced to leave the Keonjhar District as a result of reports they received that police in Keonjhar intended to arrest them for alleged links with armed Maoist groups. According to the information received by the four, the names of three women human rights defenders, Mamina Munda, Mamata Barik and Jayanti Sethy appear on the police witness statement in the case.

Between 2 July and 11 July 2008 three other members of KIRDTI, Ravi Majhi, Madhu Munda and Kanderam Hemram, were arrested and produced before the magistrate. The three members of KIRDTI have been charged under sections 294, 392, 397, 427, 435, 436, 458, 506 of the Indian Penal Code (IPC) and sections 25 and 27 of the Indian Arms Act. According to reports the four human rights defenders have been beaten by police and forced to sign documents stating that they are involved in Maoist activities. Mamina Munda was also arrested but was released two days later.

I believe that Duskar Barik, Mamata Barik, Jayanti Sethy and Ranjan Patnaik, as well as all members of KIRDTI, have been targeted as a result of their legitimate work in the defence of human rights. I am gravely concerned for the physical and psychological integrity of all of the above-mentioned human rights defenders and believes that the attempts to link them to armed Maoist groups in fact constitutes an attempt to dissuade them from carrying on with their legitimate human rights activities in defence of the indigenous and tribal populations of Orissa. The harassment and persecution of members of KIRDTI has led to the effective cessation of activities of the organisation and resultant discontinuance of support to the communities with whom they work.

I urge the Indian authorities to:

1. Carry out an immediate, thorough and impartial investigation into the allegations of harassment of members of KIRDTI with a view to publishing the results and bringing those responsible to justice in accordance with international standards, and ensure that Duskar Barik, Mamata Barik, Jayanti Sethy and Ranjan Patnaik are free to return to Keonjhar without fear of arrest as I believe that the allegations relate solely to their legitimate and peaceful human rights activities;

2. Immediately release Ravi Majhi, Madhu Munda and Kanderam Hemram as it is believed that they have been arrested and detained solely on account of their legitimate and peaceful human rights activities;

3. Ensure that all human rights defenders in India are free to carry out their legitimate human-rights work without fear of restrictions or reprisals.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw your attention to Article 5: “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organisations, associations or groups; (c) To communicate with non-governmental or intergovernmental organisations,” and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threat, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Yours sincerely,