[edit] Dr. Sen's arrest
On 14 May 2007, Dr. Sen was arrested in Bilaspur, Chhattisgarh state, India. Dr. Sen and the People's Union for Civil Liberties had helped draw attention to the unlawful killing - on 31 March 2007 - of several adivasis [indigenous tribal people] in Santoshpur, Chhattisgarh. Upon orders from the State Human Rights Commission, bodies of the victims were exhumed from a mass grave in the week immediately preceding Dr. Sen's arrest. The Director General of Police in Chhattisgarh also ordered a police probe into the incident on 5 May 2007. According to a police official monitoring the investigation, autopsy reports confirmed that three of the victims were hit by bullets at close range on the head and waist while others were axed to death. [10] This account was corroborated by a videotaped interview with the Santoshpur "sarpanch" [elected village leader] [11](in Hindi). The police official also told the Indo-Asian News Service on 9 May 2007: "It's certain that some police personnel crossed the limits and killed innocent villagers branding them as Maoist militants ... Now the government has to decide whether the cops involved in killings should be arrested or not." [12]
"The government will not arrest the policemen involved in the killings," Chhattisgarh Home Minister Ramvichar Netam told the Indo-Asian News Service on 9 May 2007. [13]
Dr. Sen - who had helped focus attention on these and other unlawful killings - was detained on 14 May 2007. This came after week-long accusations by the police about Dr. Sen absconding; and of passing letters from Narayan Sanyal, a detained 'Naxalite' leader who he had been treating medically in the Raipur jail, to Pijush Guha an alleged Naxalite under detention since 1 May. Dr. Sen, following his arrest, told the media that this charge had no basis since his meetings with prisoners were undertaken openly, with the permission of the Deputy Superintendent of Police and under the close supervision of jail authorities. Dr. Sen also pointed out that contrary to allegations of "absconding", he had been on a holiday (planned long in advance) and had returned as soon as he heard about the allegations.
Dr. Sen was detained under provisions of the Chhattisgarh Special Public Security Act, 2006 (CSPSA), and the Unlawful Activities (Prevention) Act, 1967), which was amended in 2004 to include key aspects of the Prevention of Terrorist Activities Act (POTA), 2002. The POTA was repealed in 2004 following widespread criticism of abuse and human rights violations. The CSPSA and UAPA allow for arbitrary detention without any right of appeal. [14]
On 16 May 2007, Amnesty International issued a call to the Government of Chhattisgarh to "immediately release Dr. Sen unless he is charged with a recognizable criminal offence and take urgent steps to end the harassment of the other human rights defenders in the state." [15]
On 18 May 2007, Dr. Sen appeared in court and asked to be shown the First Information Report, Complaint and the Grounds on which he was being detained. None were shown to him. The police request for transferring him from judicial remand into police custody was rejected by the court. He remained in judicial remand.
On 19 May 2007, the police searched Dr. Sen's house. According to independent observers present during the search and local press reports, no incriminating evidence was found. A complete and detailed inventory of items taken by the police was released by the PUCL. No banned items were found. [16] (- in Hindi).
Items which police have described to the press as incriminating evidence turned out to be a postcard from the jailed Narayan Sanyal dated 3.6.2006, regarding the prisoner's health as well as his legal case, duly signed by the jail authorities and carrying the official jail seal.
On 22 May 2007, Dr. Sen appeared in court again and was sent on judicial remand to Raipur Central Jail until 5 June, 2007. The Court passed an order that Dr. Sen's computer (now in police custody), would be examined by a government expert in the presence of the District Head of the National Informatics Centre, plus a lawyer - with knowledge of computers - representing Dr Sen. Dr Sen protested against attempts to handcuff him, and the court ordered that he should not be handcuffed. Dr Sen's lawyers then moved a bail application.
On 28 May 2007, about 6,000 indigenous people and others demonstrated in Raipur, Chhattisgarh, against the arrest of Dr. Binayak Sen and against the special act under which he was arrested - Chhattisgarh Special Public Security Act, 2005 (CSPSA).
On 31 May 2007, the PUCL held a public meeting in Raipur, Chhattisgarh. Speakers demanded that the state immediately repeal the Chhattisgarh Special Public Security Act, 2005 under which Dr. Binayak Sen was arrested. [17]
Dr. Sen's lawyers told reporters that the Chhattisgarh government "has on some excuse or another been refusing to show them the First Information Report or any other document". [18]
On 7 June 2007, a submission from Dr. Binayak Sen's wife, Dr. Ilina Sen, to the National Human Rights Commission [19] states that no "chargesheet" against Dr. Binayak Sen has been filed so far. The submission states that Dr. Binayak and Dr. Ilina Sen's work "has always been in the public sphere and completely overboard [above board] for the last 20 years and more." It protests "the malafide intent of the state of Chhattisgarh in first identifying its victims, and then seeking to build up concocted cases against them." The submission apprehends a campaign of "media villification" against Dr. Ilina Sen. A special investigating team is stated to have visited the home of Dr. Ilina Sen's mother in Kolkata, enquiring about Dr. Ilina's antecedents.
On 12 June 2007, in an interview with ABC Radio National (Australia), the noted Indian commentator P. Sainath said, "You have a number of studies, a number of reports and investigations done by the People's Union for Civil Liberties, of which Binayak is a leading member, on "fake encounters". The word "encounter" has a very special meaning in India. It means the police kill someone, he may be unarmed, he may be tied to a chair. Then he posthumously becomes a Maoist. That's immediately conferred on you in death. A number of studies on these encounters and on fake killings and on a vigilante war that the government is waging on the Maoists, is what ... reports on those: that's what got Binayak Sen into trouble... The charges brought against him - it's very interesting. The police now have sort of outsourced the smear campaign to the media. So the media bring incredible charges against him which the police then do not repeat in the court." [20]
Noam Chomsky and several other prominent figures issued a Press Statement dated 16 June 2007 alleging that "The fake encounters, rapes, burning of villages and displacement of adivasis [indigenous tribals] in tens of thousands and consequent loss of livelihoods have been extensively chronicled by several independent investigations. Dr Sen's arrest is clearly an attempt to intimidate PUCL and other democratic voices that have been speaking out against human rights violations in the state." [21]
On 20 June 2007 a delegation from the PUCL met the Chief Minister (CM) of Chhattisgarh state. They objected to Dr. Sen - as a human rights defender, office-bearer of the People's Union for Civil Liberties and medical doctor - being made a co-accused in crimes alleged to be committed by the jailed extremist Narayan Sanyal. The CM raised the issue of Dr. Sen's meetings with the jailed Narayan Sanyal. The delegation explained that these visits were for the "medical treatment of Narayan Sanyal and also regarding his legal case. Most important, all these visits took place in the Raipur jail, following procedures laid down in the jail manual." [22] The delegation also explained to the CM that "human rights organizations represent a middle ground which make it possible for opposing forces to dialogue with each other... if human rights defenders are actively persecuted, then it leads to a situation where the state and opposing forces have no scope for dialogue and both have to take to the path of confrontation."
The PUCL delegation raised objections with the Chief Minister about the analysis of Dr. Sen's computer in the absence of Dr. Sen’s advocate and the independent court-appointed witness, raising the possibility of attempts to manufacture false evidence against Dr. Sen. [23] The court had ordered on 22 May 2007 that both these observers should be present during the examination of Dr. Sen's computer.
Responding to the delegation’s view that the Chief Minister is being misled by the police, who appear to be determined to fabricate a case against Dr. Sen, the Chief Minister is reported to have assured them that he would look into the matter.
Meanwhile, the Central Forensic Laboratory in Hyderabad has given a "clean" certificate to Dr. Binayak Sen's computer which was seized during the search of his house. No incriminating evidence was found in the computer.
On 10 August 2007, the Nobel Peace Prize winners Medecins sans Frontieres were sought to be banned from the Dantewada district of Chhattisgarh on the basis that "Maoist insurgents who were injured in encounters with the security forces were being treated by MSF doctors,” according to top District official K.R. Pisda. [24] MSF's India director responded, "Our job is to provide medical help to whoever asks for it. We don’t ask patients about their ideology. We ask them what their medical problem is." [25] The government backed down after a public outcry about the reported ban. However, Dr. Binayak Sen - who was helping secure medical and surgical care for an elderly prisoner, with due police permission - remains in prison.
On 31 August 2007 the Supreme Court of India issued notice to the Chhattisgarh government on a petition seeking Dr. Sen's release from alleged illegal detention. A bench of Justices Ashok Bhan and V S Sirpurkar sought response from the Chhattisgarh government after senior counsel Soli Sorabjee claimed that Dr. Sen was illegally detained since May 14 on fabricated charges of supporting Naxalites. [26]
On 2 November 2007 a Court in Raipur, Chhattisgarh, ordered the Prosecution to hand over to Dr. Binayak Sen the DVD copy of his computer's CPU, which they had been refusing to do on the pretext that it was "not a document". [27]
Dr. Binayak Sen had objected to Trial by Video-conferencing, as he was denied the right to be present and heard by the Trial Court, and was kept in an intimidating situation in a room in the Raipur Central Prison without being able to consult his lawyers. On the first day of hearing by Video-conferencing Dr. Binayak Sen had complained that he could only see the face of the Hon’ble Judge, and not even see his lawyers. The Court ordered that at the time of framing of charges, evidence, cross examination of witnesses, or whenever the Court felt that the personal presence of the accused was necessary, it would ensure a hearing in person.[28]
The PUCL issued a public statement appealing to the Chhattisgarh State authorities "to refrain from “delay tactics” and ensure fair trial in this highly sensitive case of a human rights activist being illegally and fraudulently booked".[29]
Speaking out against the crimes committed by the state-backed Salwa Judum militia has elicited accusations, against even elected legislators, of helping Maoists. On 14 November 2007 it was reported that an elected legislator was accused of being a Maoist spokesman on the basis that the legislator had, in the words of a top district official in Dantewada district of Chhattisgarh, "even advocated abandoning the Salwa Judum civil militia movement". [30] Following strong protests from the legislator's party, the district official was reprimanded by transfer. However, Dr. Sen remains in jail following his outspoken criticism of crimes committed by the state-backed Salwa Judum.
The date for the hearing of Dr. Sen's bail petition in the Supreme Court of India was fixed for Monday, 10 December 2007. A Bench consisting of a senior and a junior judge was appointed to hear the appeal for bail. The initial junior judge was subsequently replaced by another. On 8 December 2007, the Chhattisgarh government invited the senior member of this Bench to Raipur as the chief guest at the inaugural ceremony of a Legal Aid Centre, and extended its hospitality to him till 9 December 2007. The next day, upon the senior judge's return to the Supreme Court in Delhi, the Bench dismissed Dr. Binayak Sen’s appeal for bail within approximately only thirty-five minutes. [31]
On 23 December 2007, a feature article in the press suggested that Dr. Sen has suffered considerable weight loss during his imprisonment. [32] There have been no reports of regular medical examinations or any precautions to avert serious illness, apart from the initial medical examination performed shortly after his arrest. This has led to serious concern about his health.
The same report stated that the Director General of Police (DGP) in Chhattisgarh had conceded Dr. Binayak Sen's peaceful approach. [33] However, the DGP rejected the suggestion that Dr. Sen had been arrested for criticising crimes such as extra-judicial killings in staged "fake encounters". The DGP has stated his belief that "Dalits movements, women empowerment movements, human rights movements, environment protection movements" are all suspect because Maoists want to penetrate and hijack "movements not linked with CPI (Maoist)." [34]
On 31 December 2007, the R.R. Keithan Gold Medal of the Indian Academy of Social Sciences was conferred on Dr. Binayak Sen (in absentia) at a function chaired by Dr. B. N. Mungekar, Member, Planning Commission of India, and Chairperson of the Indian Academy of Social Sciences. [35] Dr. Ilina Sen received the award on behalf of her husband since Dr. Binayak Sen's request for parole to accept the award had been turned down. The citation stated that "the Academy recognizes the resonance between the work of Dr. Binayak Sen in all it's aspects with the values promoted by the Father of the Nation" Mahatma Gandhi.
On 31 March 2008, the Supreme Court of India heard two petitions seeking a direction to the Chhattisgarh state government to refrain from allegedly supporting and encouraging the Salwa Judum. A Bench comprising Chief Justice K G Balakrishnan and Justice Aftab Alam said: “It is a question of law and order. You cannot give arms to somebody (a civilian) and allow him to kill. You will be an abettor of the offence under Section 302 of the Indian Penal Code [murder].” [36]. The Bench said a neutral agency should inquire and assess whether people had joined Salwa Judum camps on their own. Reacting to the Supreme Court observation, Chhattisgarh Home Minister Ram Vichar Netam said his government was also of the view that giving arms to civilians was wrong. Dr. Sen remains in a Chhattisgarh jail following his outspoken criticism of crimes committed by the state-backed civilian militia, the Salwa Judum.
On 11 April 2008, it was revealed that Dr. Binayak Sen had been subjected to solitary confinement for nearly a month. According to a press statement, "Though Dr Sen's status as a regular prisoner has now been restored, following widespread protests against the move, activists have called for a thorough official investigation of the fact that he was kept in isolation for nearly a month. Police officials in Raipur have justified their action by claiming Dr. Sen was kept in isolation 'for his own security' but failed to explain the nature or source of the threat to him." [37]
On 21 April 2008, the Global Health Council announced that Dr. Binayak Sen was selected for the highest international honour in Global Health and Human Rights, the Jonathan Mann Award 2008. The Mann Award is presented annually at the Global Health Councils international conference to "a practitioner who makes significant contributions toward practical work in the field and in difficult circumstances; highlights the linkage of health with human rights; works predominantly in developing countries and with marginalized people; and demonstrates serious and long-term commitment." [38].
The Global Health Council and several prominent global health organizations issued a statement of support for Dr. Sen, requesting that Indian authorities assure the restoration of due process, and find the means to allow the doctor to receive his award in person in Washington, DC on May 29th, 2008, at the 35th Annual International Conference on Global Health. [39] "His good works need to be recognized as a major contribution to India and to global health; they are certainly not a threat to state security", according to the Council.
Sources at Chhattisgarh police headquarters are reported to have said that they rely on certain electronic documents to establish a link between Dr. Sen and Maoists. Girdhari Nayak, inspector general of police in Chhattisgarh is reported to have said "I only know the police are committed to ensure punishment for Sen, who has been charged with conspiracy, treason and anti-national activities." [40]
Rajendra K. Sail, state president of PUCL, is reported to have said: "The Chhattisgarh government will get exposed before the world soon for targeting human rights activists, mainly from PUCL, under the cover of black laws such as the CSPSA (Chhattisgarh Special Public Security Act, 2006), for carrying out campaign against fake civilians encounters, arrests and committing crimes against humanity through Salwa Judum. I have maintained since Sen's arrest last May that the Chhattisgarh government has no evidence against him. We challenge the government to bring charges against him under the Criminal Procedure Code and not hide behind the black laws." [41]
A public statement of support from several leading health organizations including the Harvard School of Public Health and Harvard Medical School declares: "We, the undersigned organizations, wish to convey to the relevant authorities in the government of India and state of Chhattisgarh our sincere pleasure in announcing that a citizen of India, Dr. Binayak Sen, has been selected to receive the prestigious Jonathan Mann Award for Health and Human Rights for 2008... We would also like to convey our concern and dismay that Dr. Sen remains imprisoned, after nearly one year without trial, on allegations that he passed notes from a rebel leader whom he treated in jail to a person outside the prison. Dr. Sen has denied all wrong doing and nothing in his character or history, as a dedicated community leader who has urged a peaceful settlement to this conflict for years, would support the accusations made against him. These allegations have not been substantiated or proven and have prevented Dr. Sen from providing his much-needed health services to the poor in his area, as well as his community leadership activities as an officer of the People's Union for Civil Liberties. We kindly request that the relevant government authorities at the state and national levels address this case fairly and swiftly and consider fully the tremendous contributions that Dr. Sen has brought not only to communities in Chhattisgarh, but to all of India and to the world.
We request that means be found to release Dr. Sen to attend the 35th Annual International Conference on Global Health in Washington, D.C., where he has been invited to receive the Jonathan Mann Award for Global Health and Human Rights in person on May 29, 2008... Dr. Sen's attendance at the awards' ceremony on May 29 will not, in our opinion, jeopardize the judicial process in India, a country that prides itself as the world's largest democracy where human rights and the rule of law are respected and practiced, and we urge you to make this possible." [42]
In an interview with NDTV following the Award, Dr. Sen's wife Dr. Ilina Sen revealed that he has been isolated from the world during his year of imprisonment, with access to only one newspaper which is pro-government. The NDTV feature also depicts Dr. Binayak Sen declaring, "I did not do anything in secret. Whatever I did was in the cause of human rights." Dr. Ilina Sen said that even when Dr. Binayak Sen knew that his arrest was coming, he returned to Chhattisgarh. "We are law abiding people", she said, and expressed the hope that the government would make it possible for Dr. Sen to receive his award in Washington. [43]
On 29 April 2008, Human Rights Watch in New York issued a public statement regarding the trial of Dr. Sen due to begin in Raipur on 30 April 2008: "the district court’s limit of one supporter of the defendant at the trial is unnecessarily restrictive and raises broader concerns about the fairness of the trial." [44]
last entry on: 3 May 2008
[edit] Worldwide condemnation of arrest
Protests against Dr Sen's arrest have been led by prominent personalities such as Noam Chomsky, Nobel Prize winner Amartya Sen, Magsaysay Prize winner Aruna Roy, Booker Prize winner Arundathi Roy, retired judge Rajinder Sachar of the Delhi High Court, film maker Shyam Benegal and many eminent medical professors and scientists in India, the USA, the United Kingdom, Australia and beyond.
Many Indian human rights groups have protested the arrest. A list can be found at InfochangeIndia.org
On 24 May 2007, Amnesty International issued a Public Statement entitled: "India: Chattisgarh government detains human rights defender, refuses to arrest police officials suspected of involvement in unlawful killings of adivasis [indigenous tribes-people]." [45]
On 7 June 2007, the British House of Commons published an Early Day Motion entitled "Arrest of Dr. Binayak Sen" supported by several Members of Parliament across party lines, including Diane Abbott (Labour), Peter Bottomley (Conservative), John Hemming (Liberal Democrat), Dai Davies (Independent, Wales), Mike Weir (Scottish NP), among others. [46].
It begins: "That this House is concerned at the arbitrary arrest of the human rights activist and General Secretary of the Chhattisgarh unit of the People's Union for Civil Liberties (PUCL), Dr Binayak Sen, in the Indian state of Chhattisgarh; notes with concern that this arrest has taken place in the aftermath of the alleged involvement by the police in the unlawful killing of 12 adivasis or tribal people". It ends by calling for Dr. Sen's immediate release and an end to the harassment of the other human rights defenders in the state.
On 9 June 2007, the British Medical Journal published an article about Dr. Sen's arrest. It states that Ramesh Gopalakrishnan, of Amnesty International, offered the following comment to BMJ about the supposed charges: "These offences allow sweeping interpretations of criminal intent. Activists in India are arrested all the time on such charges, which give wide, arbitrary powers to police."
The same BMJ article reports a protest, outside the Indian High Commission in London, whose organiser is quoted as saying, "Dr Sen is a champion of peace and fair play and an internationally respected medical doctor who has devoted his whole life to peaceful service of the poorest people. He should be released immediately." BMJ 2007;334:1184-1185 (9 June)
The Wall Street Journal of 12 November 2007 carried an article about Dr. Binayak Sen entitled "Indian Unrest Ensnares a Doctor - 'Rights Activists' Such as Dr. Sen Caught in Middle" [47] (subscription required); with a follow-up letter in the WSJ of 16 November 2007 entitled "Good Works, Bad Reward". [48]
Doctors across India have started holding free clinics for the poor in tribute to the example of Dr. Sen, and to peacefully campaign for his release. [49] (The Hindu newspaper, Bangalore - April 26th 2008)
On 14 May 2007, Dr. Sen was arrested in Bilaspur, Chhattisgarh state, India. Dr. Sen and the People's Union for Civil Liberties had helped draw attention to the unlawful killing - on 31 March 2007 - of several adivasis [indigenous tribal people] in Santoshpur, Chhattisgarh. Upon orders from the State Human Rights Commission, bodies of the victims were exhumed from a mass grave in the week immediately preceding Dr. Sen's arrest. The Director General of Police in Chhattisgarh also ordered a police probe into the incident on 5 May 2007. According to a police official monitoring the investigation, autopsy reports confirmed that three of the victims were hit by bullets at close range on the head and waist while others were axed to death. [10] This account was corroborated by a videotaped interview with the Santoshpur "sarpanch" [elected village leader] [11](in Hindi). The police official also told the Indo-Asian News Service on 9 May 2007: "It's certain that some police personnel crossed the limits and killed innocent villagers branding them as Maoist militants ... Now the government has to decide whether the cops involved in killings should be arrested or not." [12]
"The government will not arrest the policemen involved in the killings," Chhattisgarh Home Minister Ramvichar Netam told the Indo-Asian News Service on 9 May 2007. [13]
Dr. Sen - who had helped focus attention on these and other unlawful killings - was detained on 14 May 2007. This came after week-long accusations by the police about Dr. Sen absconding; and of passing letters from Narayan Sanyal, a detained 'Naxalite' leader who he had been treating medically in the Raipur jail, to Pijush Guha an alleged Naxalite under detention since 1 May. Dr. Sen, following his arrest, told the media that this charge had no basis since his meetings with prisoners were undertaken openly, with the permission of the Deputy Superintendent of Police and under the close supervision of jail authorities. Dr. Sen also pointed out that contrary to allegations of "absconding", he had been on a holiday (planned long in advance) and had returned as soon as he heard about the allegations.
Dr. Sen was detained under provisions of the Chhattisgarh Special Public Security Act, 2006 (CSPSA), and the Unlawful Activities (Prevention) Act, 1967), which was amended in 2004 to include key aspects of the Prevention of Terrorist Activities Act (POTA), 2002. The POTA was repealed in 2004 following widespread criticism of abuse and human rights violations. The CSPSA and UAPA allow for arbitrary detention without any right of appeal. [14]
On 16 May 2007, Amnesty International issued a call to the Government of Chhattisgarh to "immediately release Dr. Sen unless he is charged with a recognizable criminal offence and take urgent steps to end the harassment of the other human rights defenders in the state." [15]
On 18 May 2007, Dr. Sen appeared in court and asked to be shown the First Information Report, Complaint and the Grounds on which he was being detained. None were shown to him. The police request for transferring him from judicial remand into police custody was rejected by the court. He remained in judicial remand.
On 19 May 2007, the police searched Dr. Sen's house. According to independent observers present during the search and local press reports, no incriminating evidence was found. A complete and detailed inventory of items taken by the police was released by the PUCL. No banned items were found. [16] (- in Hindi).
Items which police have described to the press as incriminating evidence turned out to be a postcard from the jailed Narayan Sanyal dated 3.6.2006, regarding the prisoner's health as well as his legal case, duly signed by the jail authorities and carrying the official jail seal.
On 22 May 2007, Dr. Sen appeared in court again and was sent on judicial remand to Raipur Central Jail until 5 June, 2007. The Court passed an order that Dr. Sen's computer (now in police custody), would be examined by a government expert in the presence of the District Head of the National Informatics Centre, plus a lawyer - with knowledge of computers - representing Dr Sen. Dr Sen protested against attempts to handcuff him, and the court ordered that he should not be handcuffed. Dr Sen's lawyers then moved a bail application.
On 28 May 2007, about 6,000 indigenous people and others demonstrated in Raipur, Chhattisgarh, against the arrest of Dr. Binayak Sen and against the special act under which he was arrested - Chhattisgarh Special Public Security Act, 2005 (CSPSA).
On 31 May 2007, the PUCL held a public meeting in Raipur, Chhattisgarh. Speakers demanded that the state immediately repeal the Chhattisgarh Special Public Security Act, 2005 under which Dr. Binayak Sen was arrested. [17]
Dr. Sen's lawyers told reporters that the Chhattisgarh government "has on some excuse or another been refusing to show them the First Information Report or any other document". [18]
On 7 June 2007, a submission from Dr. Binayak Sen's wife, Dr. Ilina Sen, to the National Human Rights Commission [19] states that no "chargesheet" against Dr. Binayak Sen has been filed so far. The submission states that Dr. Binayak and Dr. Ilina Sen's work "has always been in the public sphere and completely overboard [above board] for the last 20 years and more." It protests "the malafide intent of the state of Chhattisgarh in first identifying its victims, and then seeking to build up concocted cases against them." The submission apprehends a campaign of "media villification" against Dr. Ilina Sen. A special investigating team is stated to have visited the home of Dr. Ilina Sen's mother in Kolkata, enquiring about Dr. Ilina's antecedents.
On 12 June 2007, in an interview with ABC Radio National (Australia), the noted Indian commentator P. Sainath said, "You have a number of studies, a number of reports and investigations done by the People's Union for Civil Liberties, of which Binayak is a leading member, on "fake encounters". The word "encounter" has a very special meaning in India. It means the police kill someone, he may be unarmed, he may be tied to a chair. Then he posthumously becomes a Maoist. That's immediately conferred on you in death. A number of studies on these encounters and on fake killings and on a vigilante war that the government is waging on the Maoists, is what ... reports on those: that's what got Binayak Sen into trouble... The charges brought against him - it's very interesting. The police now have sort of outsourced the smear campaign to the media. So the media bring incredible charges against him which the police then do not repeat in the court." [20]
Noam Chomsky and several other prominent figures issued a Press Statement dated 16 June 2007 alleging that "The fake encounters, rapes, burning of villages and displacement of adivasis [indigenous tribals] in tens of thousands and consequent loss of livelihoods have been extensively chronicled by several independent investigations. Dr Sen's arrest is clearly an attempt to intimidate PUCL and other democratic voices that have been speaking out against human rights violations in the state." [21]
On 20 June 2007 a delegation from the PUCL met the Chief Minister (CM) of Chhattisgarh state. They objected to Dr. Sen - as a human rights defender, office-bearer of the People's Union for Civil Liberties and medical doctor - being made a co-accused in crimes alleged to be committed by the jailed extremist Narayan Sanyal. The CM raised the issue of Dr. Sen's meetings with the jailed Narayan Sanyal. The delegation explained that these visits were for the "medical treatment of Narayan Sanyal and also regarding his legal case. Most important, all these visits took place in the Raipur jail, following procedures laid down in the jail manual." [22] The delegation also explained to the CM that "human rights organizations represent a middle ground which make it possible for opposing forces to dialogue with each other... if human rights defenders are actively persecuted, then it leads to a situation where the state and opposing forces have no scope for dialogue and both have to take to the path of confrontation."
The PUCL delegation raised objections with the Chief Minister about the analysis of Dr. Sen's computer in the absence of Dr. Sen’s advocate and the independent court-appointed witness, raising the possibility of attempts to manufacture false evidence against Dr. Sen. [23] The court had ordered on 22 May 2007 that both these observers should be present during the examination of Dr. Sen's computer.
Responding to the delegation’s view that the Chief Minister is being misled by the police, who appear to be determined to fabricate a case against Dr. Sen, the Chief Minister is reported to have assured them that he would look into the matter.
Meanwhile, the Central Forensic Laboratory in Hyderabad has given a "clean" certificate to Dr. Binayak Sen's computer which was seized during the search of his house. No incriminating evidence was found in the computer.
On 10 August 2007, the Nobel Peace Prize winners Medecins sans Frontieres were sought to be banned from the Dantewada district of Chhattisgarh on the basis that "Maoist insurgents who were injured in encounters with the security forces were being treated by MSF doctors,” according to top District official K.R. Pisda. [24] MSF's India director responded, "Our job is to provide medical help to whoever asks for it. We don’t ask patients about their ideology. We ask them what their medical problem is." [25] The government backed down after a public outcry about the reported ban. However, Dr. Binayak Sen - who was helping secure medical and surgical care for an elderly prisoner, with due police permission - remains in prison.
On 31 August 2007 the Supreme Court of India issued notice to the Chhattisgarh government on a petition seeking Dr. Sen's release from alleged illegal detention. A bench of Justices Ashok Bhan and V S Sirpurkar sought response from the Chhattisgarh government after senior counsel Soli Sorabjee claimed that Dr. Sen was illegally detained since May 14 on fabricated charges of supporting Naxalites. [26]
On 2 November 2007 a Court in Raipur, Chhattisgarh, ordered the Prosecution to hand over to Dr. Binayak Sen the DVD copy of his computer's CPU, which they had been refusing to do on the pretext that it was "not a document". [27]
Dr. Binayak Sen had objected to Trial by Video-conferencing, as he was denied the right to be present and heard by the Trial Court, and was kept in an intimidating situation in a room in the Raipur Central Prison without being able to consult his lawyers. On the first day of hearing by Video-conferencing Dr. Binayak Sen had complained that he could only see the face of the Hon’ble Judge, and not even see his lawyers. The Court ordered that at the time of framing of charges, evidence, cross examination of witnesses, or whenever the Court felt that the personal presence of the accused was necessary, it would ensure a hearing in person.[28]
The PUCL issued a public statement appealing to the Chhattisgarh State authorities "to refrain from “delay tactics” and ensure fair trial in this highly sensitive case of a human rights activist being illegally and fraudulently booked".[29]
Speaking out against the crimes committed by the state-backed Salwa Judum militia has elicited accusations, against even elected legislators, of helping Maoists. On 14 November 2007 it was reported that an elected legislator was accused of being a Maoist spokesman on the basis that the legislator had, in the words of a top district official in Dantewada district of Chhattisgarh, "even advocated abandoning the Salwa Judum civil militia movement". [30] Following strong protests from the legislator's party, the district official was reprimanded by transfer. However, Dr. Sen remains in jail following his outspoken criticism of crimes committed by the state-backed Salwa Judum.
The date for the hearing of Dr. Sen's bail petition in the Supreme Court of India was fixed for Monday, 10 December 2007. A Bench consisting of a senior and a junior judge was appointed to hear the appeal for bail. The initial junior judge was subsequently replaced by another. On 8 December 2007, the Chhattisgarh government invited the senior member of this Bench to Raipur as the chief guest at the inaugural ceremony of a Legal Aid Centre, and extended its hospitality to him till 9 December 2007. The next day, upon the senior judge's return to the Supreme Court in Delhi, the Bench dismissed Dr. Binayak Sen’s appeal for bail within approximately only thirty-five minutes. [31]
On 23 December 2007, a feature article in the press suggested that Dr. Sen has suffered considerable weight loss during his imprisonment. [32] There have been no reports of regular medical examinations or any precautions to avert serious illness, apart from the initial medical examination performed shortly after his arrest. This has led to serious concern about his health.
The same report stated that the Director General of Police (DGP) in Chhattisgarh had conceded Dr. Binayak Sen's peaceful approach. [33] However, the DGP rejected the suggestion that Dr. Sen had been arrested for criticising crimes such as extra-judicial killings in staged "fake encounters". The DGP has stated his belief that "Dalits movements, women empowerment movements, human rights movements, environment protection movements" are all suspect because Maoists want to penetrate and hijack "movements not linked with CPI (Maoist)." [34]
On 31 December 2007, the R.R. Keithan Gold Medal of the Indian Academy of Social Sciences was conferred on Dr. Binayak Sen (in absentia) at a function chaired by Dr. B. N. Mungekar, Member, Planning Commission of India, and Chairperson of the Indian Academy of Social Sciences. [35] Dr. Ilina Sen received the award on behalf of her husband since Dr. Binayak Sen's request for parole to accept the award had been turned down. The citation stated that "the Academy recognizes the resonance between the work of Dr. Binayak Sen in all it's aspects with the values promoted by the Father of the Nation" Mahatma Gandhi.
On 31 March 2008, the Supreme Court of India heard two petitions seeking a direction to the Chhattisgarh state government to refrain from allegedly supporting and encouraging the Salwa Judum. A Bench comprising Chief Justice K G Balakrishnan and Justice Aftab Alam said: “It is a question of law and order. You cannot give arms to somebody (a civilian) and allow him to kill. You will be an abettor of the offence under Section 302 of the Indian Penal Code [murder].” [36]. The Bench said a neutral agency should inquire and assess whether people had joined Salwa Judum camps on their own. Reacting to the Supreme Court observation, Chhattisgarh Home Minister Ram Vichar Netam said his government was also of the view that giving arms to civilians was wrong. Dr. Sen remains in a Chhattisgarh jail following his outspoken criticism of crimes committed by the state-backed civilian militia, the Salwa Judum.
On 11 April 2008, it was revealed that Dr. Binayak Sen had been subjected to solitary confinement for nearly a month. According to a press statement, "Though Dr Sen's status as a regular prisoner has now been restored, following widespread protests against the move, activists have called for a thorough official investigation of the fact that he was kept in isolation for nearly a month. Police officials in Raipur have justified their action by claiming Dr. Sen was kept in isolation 'for his own security' but failed to explain the nature or source of the threat to him." [37]
On 21 April 2008, the Global Health Council announced that Dr. Binayak Sen was selected for the highest international honour in Global Health and Human Rights, the Jonathan Mann Award 2008. The Mann Award is presented annually at the Global Health Councils international conference to "a practitioner who makes significant contributions toward practical work in the field and in difficult circumstances; highlights the linkage of health with human rights; works predominantly in developing countries and with marginalized people; and demonstrates serious and long-term commitment." [38].
The Global Health Council and several prominent global health organizations issued a statement of support for Dr. Sen, requesting that Indian authorities assure the restoration of due process, and find the means to allow the doctor to receive his award in person in Washington, DC on May 29th, 2008, at the 35th Annual International Conference on Global Health. [39] "His good works need to be recognized as a major contribution to India and to global health; they are certainly not a threat to state security", according to the Council.
Sources at Chhattisgarh police headquarters are reported to have said that they rely on certain electronic documents to establish a link between Dr. Sen and Maoists. Girdhari Nayak, inspector general of police in Chhattisgarh is reported to have said "I only know the police are committed to ensure punishment for Sen, who has been charged with conspiracy, treason and anti-national activities." [40]
Rajendra K. Sail, state president of PUCL, is reported to have said: "The Chhattisgarh government will get exposed before the world soon for targeting human rights activists, mainly from PUCL, under the cover of black laws such as the CSPSA (Chhattisgarh Special Public Security Act, 2006), for carrying out campaign against fake civilians encounters, arrests and committing crimes against humanity through Salwa Judum. I have maintained since Sen's arrest last May that the Chhattisgarh government has no evidence against him. We challenge the government to bring charges against him under the Criminal Procedure Code and not hide behind the black laws." [41]
A public statement of support from several leading health organizations including the Harvard School of Public Health and Harvard Medical School declares: "We, the undersigned organizations, wish to convey to the relevant authorities in the government of India and state of Chhattisgarh our sincere pleasure in announcing that a citizen of India, Dr. Binayak Sen, has been selected to receive the prestigious Jonathan Mann Award for Health and Human Rights for 2008... We would also like to convey our concern and dismay that Dr. Sen remains imprisoned, after nearly one year without trial, on allegations that he passed notes from a rebel leader whom he treated in jail to a person outside the prison. Dr. Sen has denied all wrong doing and nothing in his character or history, as a dedicated community leader who has urged a peaceful settlement to this conflict for years, would support the accusations made against him. These allegations have not been substantiated or proven and have prevented Dr. Sen from providing his much-needed health services to the poor in his area, as well as his community leadership activities as an officer of the People's Union for Civil Liberties. We kindly request that the relevant government authorities at the state and national levels address this case fairly and swiftly and consider fully the tremendous contributions that Dr. Sen has brought not only to communities in Chhattisgarh, but to all of India and to the world.
We request that means be found to release Dr. Sen to attend the 35th Annual International Conference on Global Health in Washington, D.C., where he has been invited to receive the Jonathan Mann Award for Global Health and Human Rights in person on May 29, 2008... Dr. Sen's attendance at the awards' ceremony on May 29 will not, in our opinion, jeopardize the judicial process in India, a country that prides itself as the world's largest democracy where human rights and the rule of law are respected and practiced, and we urge you to make this possible." [42]
In an interview with NDTV following the Award, Dr. Sen's wife Dr. Ilina Sen revealed that he has been isolated from the world during his year of imprisonment, with access to only one newspaper which is pro-government. The NDTV feature also depicts Dr. Binayak Sen declaring, "I did not do anything in secret. Whatever I did was in the cause of human rights." Dr. Ilina Sen said that even when Dr. Binayak Sen knew that his arrest was coming, he returned to Chhattisgarh. "We are law abiding people", she said, and expressed the hope that the government would make it possible for Dr. Sen to receive his award in Washington. [43]
On 29 April 2008, Human Rights Watch in New York issued a public statement regarding the trial of Dr. Sen due to begin in Raipur on 30 April 2008: "the district court’s limit of one supporter of the defendant at the trial is unnecessarily restrictive and raises broader concerns about the fairness of the trial." [44]
last entry on: 3 May 2008
[edit] Worldwide condemnation of arrest
Protests against Dr Sen's arrest have been led by prominent personalities such as Noam Chomsky, Nobel Prize winner Amartya Sen, Magsaysay Prize winner Aruna Roy, Booker Prize winner Arundathi Roy, retired judge Rajinder Sachar of the Delhi High Court, film maker Shyam Benegal and many eminent medical professors and scientists in India, the USA, the United Kingdom, Australia and beyond.
Many Indian human rights groups have protested the arrest. A list can be found at InfochangeIndia.org
On 24 May 2007, Amnesty International issued a Public Statement entitled: "India: Chattisgarh government detains human rights defender, refuses to arrest police officials suspected of involvement in unlawful killings of adivasis [indigenous tribes-people]." [45]
On 7 June 2007, the British House of Commons published an Early Day Motion entitled "Arrest of Dr. Binayak Sen" supported by several Members of Parliament across party lines, including Diane Abbott (Labour), Peter Bottomley (Conservative), John Hemming (Liberal Democrat), Dai Davies (Independent, Wales), Mike Weir (Scottish NP), among others. [46].
It begins: "That this House is concerned at the arbitrary arrest of the human rights activist and General Secretary of the Chhattisgarh unit of the People's Union for Civil Liberties (PUCL), Dr Binayak Sen, in the Indian state of Chhattisgarh; notes with concern that this arrest has taken place in the aftermath of the alleged involvement by the police in the unlawful killing of 12 adivasis or tribal people". It ends by calling for Dr. Sen's immediate release and an end to the harassment of the other human rights defenders in the state.
On 9 June 2007, the British Medical Journal published an article about Dr. Sen's arrest. It states that Ramesh Gopalakrishnan, of Amnesty International, offered the following comment to BMJ about the supposed charges: "These offences allow sweeping interpretations of criminal intent. Activists in India are arrested all the time on such charges, which give wide, arbitrary powers to police."
The same BMJ article reports a protest, outside the Indian High Commission in London, whose organiser is quoted as saying, "Dr Sen is a champion of peace and fair play and an internationally respected medical doctor who has devoted his whole life to peaceful service of the poorest people. He should be released immediately." BMJ 2007;334:1184-1185 (9 June)
The Wall Street Journal of 12 November 2007 carried an article about Dr. Binayak Sen entitled "Indian Unrest Ensnares a Doctor - 'Rights Activists' Such as Dr. Sen Caught in Middle" [47] (subscription required); with a follow-up letter in the WSJ of 16 November 2007 entitled "Good Works, Bad Reward". [48]
Doctors across India have started holding free clinics for the poor in tribute to the example of Dr. Sen, and to peacefully campaign for his release. [49] (The Hindu newspaper, Bangalore - April 26th 2008)
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