Posted 2009/12/22
India: Harassment of indigenous human rights organisation VCA, and the arbitrary arrest of two of its staff
On 10 December 2009, indigenous human rights defenders Kopa Kunjam and Alban Toppo were arbitrarily detained and severely beaten. Both Kopa Kunjam and Alban Toppo work with Vanvasi Chetna Ashram (VCA), a human rights and development organisation working with indigenous peoples in southern Chhattisgarh state. Since 2005, VCA has documented human rights abuses committed against the local indigenous peoples by security forces and state-backed militias as part of the ongoing conflict with Maoist rebels in Chhattisgarh state.
Further Information
On 10 December, Kopa Kunjam and Alban Toppo were arbitrarily detained at Bhairamgarh police station where they were reportedly severely beaten. Alban Toppo was later released but Kopa Kunjam was charged the following day with murder, waging war against the state and illegally carrying a weapon under sections 302, 147, 148 and 149 of the Indian Penal Code, and sections 25 and 27 of the Arms Act, and has been held in detention since then. Kopa Kunjam is a VCA volunteer who has worked in the organisation's rehabilitation program, and in uncovering the killing of indigenous peoples, allegedly by security forces, at Matwada in March 2008 and Singaram in January 2009. Alban Toppo is a lawyer who is also affiliated with the Human Rights Law Network, New Delhi.
The arrest of Kopa Kunjam and Alban Toppo forms part of an ongoing pattern of harassment and intimidation of VCA. On 14 December, human rights activists from around India had planned to join VCA in a peaceful march through villages affected by the ongoing conflict in southern Chhattisgarh. However, a group of 39 women's activists travelling to Dantewada in Chhattisgarh, where VCA is based, were twice stopped and harassed by police en route from Raipur, the state capital. In addition, taxi and bus drivers were warned not to take the group to Dantewada and the women eventually had to turn back.
On 16 December, the Dantewada District Magistrate declined to grant permission to VCA to organise peaceful demonstrations for the implementation of an Indian Supreme Court order providing for the rehabilitation and compensation of indigenous peoples displaced by the Salwa Judum militias. On the same day, the landlord of VCA's temporary rented headquarters informed Mr Humanshu Kumar, founder of the organisation, that he was being pressured to evict the organisation. VCA had moved into the rented premises after their office and residential property, including training halls, a medical dispensary and Humanshu Kumar's home, were demolished by bulldozers on 17 May 2009. The authorities had served VCA with notice of the demolition only one day before it was carried out, alleging that VCA's property had encroached on forest land. The demolition was carried out despite an ongoing court case against the order. In January 2009, VCA's financial support from overseas was blocked by the national government, leading to a lay-off of staff members.
The detention of Kopa Kunjam and Alban Toppo follows the arrest on 31 July 2009 of Sukhnath, a VCA volunteer, who was abducted by members of a state-backed militia and detained under the Chhattisgarh Special Public Security Act. He remains in detention without trial, and his bail applications have been rejected on two separate occasions.
Front Line believes that the arbitrary arrest and beating of Kopa Kunjam and Alban Toppo, together with the charges against Alban Toppo and the detention of Suknath, are directly related to their work in the defence of human rights, particularly indigenous rights. Front Line sees this as forming a pattern of ongoing harassment against VCA as an organisation, and is concerned for the physical and psychological integrity of its members.
Front Line urges the Indian authorities to:
1. Immediate and unconditionally release Kopa Kunjam and drop all charges against him, as it is believed that these measures have been taken against him solely on account of his legitimate and peaceful work in the defence of human rights;
2. Ensure that the treatment of Kopa Kunjam, whilst in detention, adheres to all the conditions set out in the “Basic Principles for the Treatment of Prisoners” adopted by General Assembly Resolution 45/111 of 14 December 1990;
3. Carry out an immediate, impartial and thorough investigation into the detention and beating of Kopa Kunjam and Alban Toppo, in addition to the harassment and intimidation of VCA and its supporters, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
4. Guarantee the physical and psychological integrity and security of Kopa Kunjam, Alban Toppo, Sukhnath and all of VCA's staff members;
5. Ensure that all human rights defenders in India, carrying out their legitimate work in the defence of human rights, are able to operate free of all restrictions and reprisals, including judicial harassment.
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