Judicial harassment against Mr. Devi Singh Rawat - IND 001 / 0210 / OBS 014
Extrait du Worldwide Movement for Human Rights
https://www.fidh.org/en/region/asia/india/Judicial-harassment-against-Mr,7490
Judicial harassment against
Mr. Devi Singh Rawat - IND 001
/ 0210 / OBS 014- [english] - Region - Asia - India -
Date de mise en ligne : Thursday 4 February 2010
Date de parution : 3 February 2010
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Judicial harassment against Mr. Devi Singh Rawat - IND 001 / 0210 / OBS 014
The Observatory has been informed by People's Watch about the arbitrary detention,judicial harassment and ill-treatments against Mr. Devi Singh Rawat, a human rights lawyerin the Ajmer District of the North Indian State of Rajasthan[1].
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation AgainstTorture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in thefollowing situation in India.
According to the information received, in the night of January 31, 2010, Mr. Devi Singh Rawat was arrested andaccused of "voluntarily causing hurt to deter public servant from his duty" and "assault or criminal force to deter publicservant from discharge of his duty" (Sections 332 and 353 of the Indian Penal Code), as well as "mischief causingdamage to public property" (Section 3 of the Public Property Damages Act). He was accused of allegedlyparticipating in a fight between villagers and police personnel that occurred the same day around 11.00 am duringthe Panchayati Raj Institutions (PRI) local elections (local body elections) in Palra Village, which is under thejurisdiction of the Adarsh Nagar police station. A dozen villagers were also arrested.
However, at the time of the confrontation between villagers and police on January 31, 2010, Mr. Singh was not at theplace of the incident. Moreover, he is resident of an area that comes under the Ajmer Municipal Council limits, withno stake in the above-mentioned elections.
During their detention, Mr. Devi Singh Rawat and the other villagers who were arrested were forced by the police toremove their clothes, following which they were photographed. The pictures were then made available to the press.
On January 5, 2010, Mr. Devi Singh Rawat had filed a case for torture in the court of Judicial Magistrate No. 4against officials of the Adarsh Nagar police station, on the request of People's Watch National Project on Preventionof Torture. On January 30, 2010, the police officials tried to persuade Mr. Singh Rawat for a compromise, threateninghim that otherwise he would have to face dire consequences. However, Mr. Singh Rawat refused to withdraw thecase.
After the Judicial Magistrate No 5 rejected on February 1, 2010 the bail plea and remanded Mr. Devi Singh Rawatand the 15 other apprehended persons to judicial custody until February 11, a bail application on behalf of Mr. DeviSingh Rawat was filed on the same day before the District and Sessions Judge under Section 439 of the CriminalProcedure Code, and the hearing was fixed for February 2, 2010. On that day, Mr. Devi Singh Rawat was grantedbail. At about 6.30 pm, he was released from Central Prison, Ajmer, pending charges against him, along with the 15other arrestees in this case. A hearing is scheduled to take place on February 11, 2010.
The Observatory denounces the above-mentioned acts against Mr. Devi Singh Rawat, which seem to merely aim atsanctioning his human rights activities, in particular his work against torture, and therefore urges the Indianauthorities to put an end to the ongoing detention, judicial harassment and ill-treatments against him.
Actions requested:
Please write to the authorities of India, urging them to:
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Judicial harassment against Mr. Devi Singh Rawat - IND 001 / 0210 / OBS 014
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Devi Singh Rawat as well as of allhuman rights defenders in India;
ii. Put an end to all acts of harassment - including at the judicial level - against Mr. Devi Singh Rawat as well asagainst all human rights defenders in India so that they are able to carry out their work without hindrances;
iii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with itsArticle 1, which provides that "everyone has the right, individually and in association with others, to promote and tostrive for the protection and realization of human rights and fundamental freedoms at the national and internationallevels", as well as with Article 12.2 ("the State shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the present Declaration");
iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms inaccordance with in accordance with the Universal Declaration of Human Rights and with international and regionalhuman rights instruments ratified by India.
Addresses
· Shri Manmohan Singh, Prime Minister of India, Prime Minister's Office, Room number 152, South Block, NewDelhi, Fax: + 91 11 2301 6857
· Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi110 001 India, Fax: +91 11 2309 2979.
· Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 23383792, Email: [email protected]
· Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: [email protected]
· Mr. T. Theethan, IAS, The Joint Secretary, National Commission for SC, 5th Floor, 'B' Wing, Lok NayakBhavan, Khan Market, New Delhi 110103, India. Email: [email protected]
· Justice N K Jain, Faridkot House, Rajasthan State Human Rights Commission, Jaipur 102, 120 - A, S. S. O.Building, Secretariat, Jaipur. Email: [email protected]
· Mr. Ashok Gehlot, Chief Minister, Rajasthan, 8, Civil Lines, Jaipur - 302 006. Phone No: 2227351 (O),2228712, 2228713 (R), 2227687 (Fax)
· Mr. Hariprasad Sharma, Superintendent of Police, Ajmer, Ph: 0145-2629910 (O) 2625431 (R), Email:[email protected], [email protected]
· Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva),Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email:
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Judicial harassment against Mr. Devi Singh Rawat - IND 001 / 0210 / OBS 014
· Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or+32 (0)2 6451869
Please also write to the diplomatic representations of India in your respective countries.
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Geneva-Paris, February 3, 2010
[1]
[1] From 2006 to 2008, Mr. Devi Singh has been associated with the National Project on Prevention of Torture, a People's Watch project funded by
the European Instrument for Democracy and Human Rights (EIDHR).
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