Free Binayak Sen

As you are aware, Soni Sori, an adivasi school teacher and warden from
Chhattisgarh, is currently facing trial in Chhattisgarh. Accused as a
Maoist supporter, despite evidence of her having being framed as one
in several cases, she has been in custody in Chhattisgarh for about
three and a half months.

What has been terribly shocking and perturbing is the fact that while
in custody she has been subjected to gross sexual torture, evidence of
which has come to light following a Supreme Court directive for
medical examination in a government hospital in Kolkata. Compounding
her crisis is the fact that despite this damning evidence, Soni Sori
has remained in the custody of the Chhattisgarh police for all this
while.

As the Supreme Court starts its hearing on her case on Monday 25th
January, nearly 200 citizens including eminent citizens such as
Professor (Retd) Uma Chakravarti, Ms Brinda Karat, Politburo Member
CPI(M) and former MP Rajya Sabha, Ms Romila Thapar, Professor
Emeritus, Jawaharlal Nehru University, Delhi, Ms Aruna Roy, MKSS,
Rajasthan, Ms Madhu Bhaduri, former Ambassador of India, Prof. Veena
Shatrugna, retired Deputy Director, National Institute of Nutrition,
Hyderabad, Dr Imrana Qadeer, Retd Professor, Ms Farah Naqvi,
Activist, Ms Vasanth Kannabiran, Hyderabad, Ms Lalita Ramdas, Ms Githa
Hariharan, Writer, Prof. Jayati Ghosh, Dr Amit Bhaduri, Professor
Emeritus, Jawaharlal Nehru University, Delhi, Dr Anand Phadke, Prof
(Retd) Anand Chakravarti, along with scores of other doctors,
educationists, academicians, students and individuals.

Also joining the appeal are 69 civil society groups and organisations
working on women’s issues, health issues, civil and democratic rights,
and worker’s issues from across the country, such as Saheli, WSS,
AIDWA, AIPWA, NFIW, NAPM, NTUI, PUCL, FAOW, SAFHR, SAHAJ, SAHAYOG-UP,
Zubaan Books, JADS, Nari Nirjatan Pratirodh Mancha and RTF-Rajasthan.
Together they are urging the Supreme Court `to insulate this victim of
custodial sexual assault from her oppressors, ensure her protection
after she has spoken out about this torture despite threats to her
person and family’, and send out a clear signal that `the rights of
citizens will be protected, and that when the police abuses its
powers, the judiciary will not stand by in silence’.

This appeal goes out with deep regard and faith that the
Constitutional safeguards will be upheld and that justice will
prevail.

Attached, please find The Open Letter To The Honourable Chief Justice
Of India And Honourable Judges Of The Supreme Court Of India.

AMNESTY INTERNATIONAL
PUBLIC STATEMENT
AI Index: ASA 20/003/2012
18 January 2012

India: Authorities should investigate the custodial death of Adivasi youth
in Chhattisgarh

The Indian authorities should order a prompt, impartial and independent
investigation into the custodial torture and death of an Adivasi youth,
Podiam Mara (Pudiyami Mada), detained on suspicion of being a Maoist in Dantewada district
of Chhattisgarh state, Amnesty International said today.

Amnesty International pointed out that the authorities had failed to order
an independent investigation into the death of another Adivasi, Madkam
Jogarao, in September 2011 after he had been detained by the Central
Reserve Police Force (CRPF) and the police in the same district.

The two deaths indicate that the security forces in Dantewada district
have not abandoned the path of impunity even after the disbandment of
Salwa Judum and other civil militias engaged in anti-Maoist operations as
per the Supreme Court order in July 2011, Amnesty International said.

Residents of Podiyam Mara’s native village, Kondre, informed Amnesty
International that he was detained by the CRPF during an anti-Maoist
operation on 9 January near Sukma town when he had gone to collect cash
for sale of forest produce.

Local sources alleged that the CRPF detained Mara for four days when he
was given electric shocks to his genitals, petrol poured on them and set
on fire. On 13 January, he was handed over to the Sukma police who sent
him for a medical examination and later produced him at a local court.
While the initial medical report said that he had swelling in his
genitals, he was remanded to judicial custody for 14 days without being
asked about the exact date of his detention and the injuries sustained by
him during his detention, they added.

Sukma police failed to send Mara to the Dantewada jail as per the court
order and detained him at the police station overnight when he died, the
local sources told Amnesty International.

Indian law requires that arrested persons be produced before a court
within 24 hours of the arrest. In an apparent attempt to circumvent this
requirement, the CRPF now claims that Mara was apprehended only on 12
January and a rifle recovered from him. The police claimed that he hanged
himself in the police station, but four policemen have now been suspended.

Amnesty International calls upon the Indian authorities to ensure a
prompt, impartial, independent and effective investigation into the
reports of Mara’s illegal detention and torture resulting in his death.
These deaths have occurred even as the Indian parliament is engaged in
enacting a new law to combat torture in line with India’s obligations
under the United Nations’ Convention against Torture, which it wants to
ratify.

Those suspected of involvement in these violations, including persons
bearing command responsibility, should immediately be suspended from
positions where they may repeat such offences, and brought to justice; the
authorities should also award full reparations to Mara’s family, Amnesty
International said.

Background
Over the last five years, Chhattisgarh has witnessed an escalation of
violence between the banned Maoists who claim to be fighting on behalf of
the Adivasis and India’s paramilitary forces. At least 600 people have
been killed and some 30,000 Adivasis continue to be displaced from their
homes in the state.

ENDS/

Peoples Union for Democratic Rights
17 January 2012

PRESS STATEMENT
The custodial killing of an adivasi in newly formed Sukhma District of
Chattisgarh is yet another reminder of the lawlessness which prevails in
Chattisgarhs Bastar region. Reportedly, Pudiyami Mada a 26 year old
adivasi died in Sukma Police Station on 13thJanuary. While the CRPF claims
that arrested him on 13th January and handed him over to the police the
very same day. The four arrested police personnel, who were suspended,
allege that Mada was arrested on 9th January by the CRPF brutally tortured
in the CRPF custody, by pouring petrol on his private parts and setting it
on fire, before he was handed over to them.

The crime of Puydiyami Mada was that he was accused of being a Maoist
commander by the police. Such accusation is all that is needed for
authorities to sanction custodial torture including one which culminates in
death. That this has happened in Chattisgarh, which is being monitored by
the Supreme Court for a number of instances of human rights abuses by the
security forces lends it a cruel twist. It goes on to suggest that where a
hyped up security-for development becomes the reigning deity security
forces acquire impunity and egregious violations, including of right to
life, become imminent.

Peoples Union for Democratic Rights has for long campaigned against
impunity provided to the armed forces personnel in areas where military
suppression is going on. Therefore, we demand a time bound judicial probe
in the incident to fix individual and institutional culpability.****

Paramjeet Singh
Preeti Chauhan
Secretaries

We, the undersigned strongly condemn the harassment of social activist and
human rights’ defender, Dayamani Barla by the Jharkhand Police. Dayamani,
a well known and noted journalist-turned-activist and human rights’
defender based in Jharkhand, is one of the leaders of anti-displacement
movements. She is also part of many organisations, movements and
federations, INSAF and NAPM.

On 14th January, in the evening, a Police Mobile Van of Chutya Thana
(Ranchi) landed at her hotel on Club Road, Ranchi, and started to harass
her staff asking about her links with anti-social elements. The
Sub-Inspector making the ‘enquiries’ had neither no written permission or
order. The following day, when Ms. Barla, met SSP Ranchi, Mr. Saket Kumar
at his residence to ask why she was being harassed in this manner, his
response was that the allegations were being made on the basis of an
complaint and the fact that she participated in the “Free Jiten Marandi
Convention, in which Varavara Rao was also present.

Harassment of activists on flimsy pretexts and on grounds that they
exercised their Constitutionally guaranteed democratic rights is a
dangerous trend and will be resisted robustly by human rights activists
everywhere.

We stand in solidarity with Dayamani Barala.

In solidarity,

1. Kavita Srivastava, National Secretary,PUCL
2. Manisha Sethi, President, Jamia Teachers’ Solidarity Association (JTSA)
3. Harsh Dobhal, Human Rights Law Network
4. Mahtab Alam, Coalition for Protection of Human Rights’ Defenders (CPHRD)