India: Fair Trial Doubtful for Honored Rights Advocate : Human Rights Watch
Chhattisgarh Government Should Not Use Naxalite Issue to Silence Critics
(New York, April 29, 2008) – Criminal charges against award-winning human rights defender Dr. Binayak Sen raise serous concerns that he will not get a fair trial in Raipur district court in Chhattisgarh state when hearings begin on April 30, Human Rights Watch said today.
Chhattisgarh state officials charged Sen in February 2008 with being a member of a “terrorist organization.” Sen has been in custody since May 14, 2007. If convicted, he could be sentenced to life imprisonment.
For over two decades, Sen has provided medical care in remote tribal villages in Chhattisgarh. He has received numerous awards in recognition of his work. On April 22, the Global Health Council announced that he won the 2008 Jonathan Mann Award for Global Health and Human Rights.
“Dr. Sen appears to be a victim of the Chhattisgarh government’s attempt to silence those who criticize its policies and failure to protect human rights in its fight against Naxalites,” said Brad Adams, Asia director at Human Rights Watch. “The court should ensure that this trial is not used by the state government to cover up its failures by punishing the messenger.”
Human Rights Watch said that likely political motivations for the charges and other fair trial concerns in Chhattisgarh merit the trial’s change of venue to another Indian state. The case against Sen was brought after he called on the Chhattisgarh government to respect human rights in its campaign against Maoist armed combatants called Naxalites.
The presiding judge has allowed only one of Sen’s supporters to attend the hearings at a time, despite a provision in international law that trials be public. A judge may cite public order reasons to restrict the attendance of the press and public. However, 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.
“The actions of the local authorities and the presiding judge call into serious question whether Dr. Sen will receive a fair trial,” said Adams. “To ensure fairness, the venue should be moved to another state with no political axe to grind.”
In 2005, the Salwa Judum movement was started with state support in Chhattisgarh to oppose the Naxalites. With state backing, the Salwa Judum began committing serious human rights abuses, including killings, beatings of critics, burning of villages, and forced relocation of villagers into government camps. As a prominent leader of the human rights group People’s Union for Civil Liberties (PUCL), Sen called for an end to Salwa Judum abuses. He also opposed the Chhattisgarh Special Public Security Act, criticized human rights violations such as torture, extrajudicial killings and campaigned for improvements in prison conditions.
Sen was first detained under the Chhattisgarh Special Public Security Act, 2006. Human Rights Watch has criticized this law because it could lead to serious abuses. The law allows detention for “unlawful activities,” a term so loosely defined that it can severely restrict the peaceful activities of individuals and civil society organizations in violation of the Indian constitution and international human rights law.
The state’s primary evidence produced in court thus far includes letters Sen allegedly smuggled out of prison, which were written by an alleged Maoist leader, Narayan Sanyal. The police say that Sen visited Sanyal in prison a number of times, and that documents and other materials, including his computer, confiscated after his arrest, allegedly contain unspecified subversive materials. Sen has denied all these charges and said that his meetings with Sanyal were facilitated by jail authorities to provide medical care.
“The laws in Chhattisgarh make it easy for the government to prosecute human rights defenders like Dr. Sen,” said Adams. “The court must fairly decide whether a real crime has been committed.”
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Anand patwardhan: About a Jailed doctor
The Times of India carried an opinion piece by Anand Patwardhan on Dr. Binayak Sen. Read it below
Last week, almost a year after he was arrested in Chhattisgarh as an alleged ‘Naxalite’, Dr Binayak Sen became the first South Asian to be awarded the prestigious Jonathan Mann Award for Global Health and Human Rights. He remains in prison.
I first met Binayak in the mid eighties when I went to screen my documentaries for the Shankar Guha Niyogi led Chhattisgarh Mukti Morcha (CMM). Under Niyogi’s leadership the CMM had brought hope to thousands of exploited adivasi mine workers. Binayak and two other doctors volunteered their services to the union and with the shram daan (volunteer labour) of the workers set up a small but wonderfully efficient 15-bed hospital, an element of a larger dream.
The dream was cut short in 1991 when Niyogi was shot dead as he slept in his hut. Some of his hired killers were jailed briefly but those who had masterminded the murder reportedly enjoyed the support of BJP Chief Minister Sunderlal Patwa and escaped punishment. After Niyogi’s death the CMM, led by Janaklal Thakur and other workers, fought on valiantly, but times were changing. Corporations were eyeing Chhatisgarh’s mineral wealth. By the nineties the mantra of privatisation was sweeping the nation clear of all talk of justice and equal opportunity. In this atmosphere, rapacious corporations stepped in where the hired goons of corrupt politicians had hesitated. The non-violent methods of the CMM failed to contain the advent of those whose X ray eyes could see the profit that lay beneath the ground once the adivasi skin on the surface had been scalped—profits so large that State connivance was easily procured. Mainstream media grew tired of reporting the daily atrocities heaped on the people. Read more
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Bangalore:Medical camp in support of imprisoned doctor
The Hindu -26th April 2008
Bangalore, Staff reporter
Instead of sloganeering and rhetoric, groups of doctors across the country hit upon the idea of organising free medical camps to express their opposition against the imprisonment of human rights activist Binayak Sen.
To highlight what they termed an unfair arrest, non-governmental organisations (NGOs), such as People’s health movement and Medico Friends Circle organised one such camp at LR Nagar in Koramangala here on Friday.
Dr. Sen, vice-president of People’s Union for Civil Liberties (PUCL), was arrested at Bilaspur in Chattisgarh in May 2007, on the charge of being linked to naxalites. Dr. Sen is known for his work among the poor. He is credited with setting up a unique 400 bed hospital run by a workers cooperative in a backward area of Chattisgarh.
Two of the six doctors at the camp, N. Devadasan and his wife Rupa, both public health specialists, were associates of Dr Sen. Dr Devadasan is a fellow alumni from CMC, Vellore.
“We were shocked when we heard of his arrest because he is a very gentle person and one who does not believe in violence. Associating him with naxalites seems illogical,” said Dr Devadasan. “To a person such as Dr Sen, it will not matter if his patient is a naxalite or a capitalist, because it would be his primary duty as a doctor to save anyone he can, ” he said.
“He is always humble, always simple. Never a very vocal person, Dr Sen was always action-oriented,” said SJ Chander, a social scientist and member of the People’s Health Movement.
The camp was inaugurated by Hassan Mansoor, State convenor for the People’s Union for Civil Liberties, and popular comedian Sriram, both of whom sought prevention of abuse of human rights in all forms.
Referring to people arriving for the camp, activist P. Robert said, “This stream will keep up the whole day. Consultation and medication will be provided for as long as possible. Such aid is also provided in many Free Binayak Clinics that have been set up throughout the country.”
Renukamma, a resident said, “Going to normal clinics cost us at least Rs 200 in consultation and medication charges. So the free camp means a lot to us.”
This camp will be held next month at the same venue. Local people have offered to contribute to such camps.
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Deprived of own freedom Dr Binayak Sen wins global rights award
COMMITTEE FOR THE RELEASE OF DR BINAYAK SEN
PRESS RELEASE
23 APRIL 2008
Jailed pediatrician, humanitarian worker and civil rights activist Dr Binayak Sen has become the first South Asian ever to win the prestigious 2008 Jonathan Mann Award for Global Health and Human Rights.
The Global Health Council is the world’s largest membership alliance of public health organizations and professionals working to improve health and save lives among the poor. The Council serves and represents public health organizations and professionals working in more than 140 countries on six continents.
Keeping in view Dr Sen’s current status as a prisoner of conscience, the Global Health Council, along with other international health organisations has requested Indian authorities to find the means to allow Dr Sen to receive his award in person in Washington, DC on May 29th, 2008, at the 35th Annual International Conference on Global Health.
In a letter to the President of India, the Prime Minister of India, and the Chief Minister of Chhattisgarh, Dr. Nils Dulaire, President of the Global Health Council, has written:
” We wish to be clear: it is not our intent to interfere with the judicial process. We simply request that this doctor’s good works and highly regarded reputation as a man of science and service, and his international following, serve as guarantee of his obligation to return to India to participate in a just and fair judicial process after the awards ceremony, if his case is not resolved sooner.
The world is watching this case. Some have expressed concern that it might represent a dwindling respect for civil liberties in India. We believe, however, that allowing Dr. Sen to attend the award’s ceremony would send a strong signal internationally that would help to restore faith that India and its states are indeed committed to fairly addressing this and other cases related to civil conflicts and civil liberties. Dr. Binayak Sen’s travel to the United States for this purpose would pose no threat to the security of Chhattisgarh or the integrity of the Indian judicial system.
Please consider finding the means to allow him to receive his award in person.”
Dr Sen was detained under anti-terrorist legislation on May 14, 2007, by the Chattisgarh government and accused of passing notes from a Maoist rebel leader he was treating in jail to someone outside the prison. Dr Sen denies committing any crime and says his activities in jail were supervised by prison authorities.
According to a press statement by the GHC the 58-year-old pediatrician was selected by an international jury of public health professionals for the prestigious Jonathan Mann award because of his years of service to poor and tribal communities in India, his effective leadership in establishing self-sustaining health care services where none existed, and his unwavering commitment to civil liberties and human rights.
Of note, nine of the 2008 nominees are Indian: Dr. Swami Hardas of Pune, Mr. Surya Makaria of Hyderabad, Mr. Deelip Mhaske of Mumbai, Dr. Ugrasen Pandey of Firozabad, Dr. Prameelamma Pedamali of Srikalahasti, Dr. Kamalesh Sarkar of Kolkata, Dr. Mukesh Shukla of Surendranagar, Dr. Diwakar Tejaswi of Patna, and Dr. Binayak Sen of Raipur.
In addition to working with the People’s Union for Civil Liberties Dr Sen and his wife, Dr. Ilina Sen, are the founders of Rupantar, a community-based nongovernmental organization that has trained, deployed and monitored the work of community health workers spread throughout 20 villages. Rupantar’s activities include initiatives to counter alcohol abuse and violence against women, and to promote food security.
“Dr. Sen’s accomplishments speak volumes about what can be achieved in very poor areas when health practitioners are also committed community leaders”, said Dr. Nils Daulaire, president of the Global Health Council.
Many national and global organizations and prominent persons have protested Dr Sen’s arrest and his long imprisonment without trial. He was recently released from a period of solitary confinement and has suffered health problems resulting from his nearly year-long imprisonment. Dr Sen’s supporters around the world have asked the Chattisgarh government to withdraw all charges against him and release him immediately.
As the 2008 Mann Award winner, Dr. Binayak is the tenth individual and the first South Asian to be thus honored by the Global Health Council. Previous winners include the following. Dr. Bogaletch Gabre, a champion of women’s rights who is a pioneer in eradicating the practice of female genital excision in Ethiopia (2007); Dr. Juan Canales, who helped marginalized peasants and indigenous communities in conflict-ridden areas of El Salvador and Mexico gain their human right to health care by establishing community medicine and public health programmes (2006); Prof. Abdel Mohammad Gerais who advocated for and established reproductive health services to those most in need in Egypt (2005); Dr. Sima Sahar who led innovative programs in health, education, construction, relief, and income generation to improve the lives of women and girls in Afghanistan (2004); Mr. Zackie Achmat and Dr. Frenk Guni, who have worked to raise awareness and advocate for equity of people with HIV/AIDS in South Africa and Zimbabwe (2003); Dr. Ruchama Marton and Mr. Salah Haj Yehya, associated with Physicians for Human Rights-Israel, providing volunteer health care in the occupied territories of the Wset Bank (2002); Dr. Gao Yaojie, a gynaecologist involved in HIV/AIDS care and prevention work in China (2002); Dr. Flora Brovina and Dr. Vjosa Dobruna who worked with refugees in the Kosovo conflict and now with women and children victims of war crimes, in Kosovo (2000); and Dr. Cynthia Maung who committed her life to healing victims of human rights abuses in Burma (1999).
For further information contact:
Anil Chaudhary, INSAF 9811119347
Kavita Srivastava, PUCL 09351562965
Apoorvanand 26495976
Satya Sivaraman 9818514952
Sreerekha, Saheli 9868120339
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Statement of Support for Dr. Binayak Sen’s Travel to Washington, DC, to Receive the Jonathan Mann Award for Health and Human Rights
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. After receiving hundreds of nominations for the award from throughout the world, the distinguished jury of public health and human rights experts who decide this award each year selected Dr. Sen on the basis of his years of service in poor and tribal communities in India, his effective leadership in establishing self-sustaining health-care services where none existed, and his unwavering commitment to civil liberties and human rights.
We also would 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, DC, where he has been invited to receive the Jonathan Mann Award for Global Health and Human Rights in person on May 29, 2008.
As with any citizen, Dr. Sen deserves due process. In addition, the international jury of experts reviewing the nominees were impressed that the doctor is held in such high regard by many patients and peers for his exemplary professional work and leadership over the years. 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 rule of law are respected and practiced, and we urge you to make this possible.
- Nils Daulaire, M.D., M.P.H., President and CEO, Global Health Council
- Thomas Dougherty, M.P.H., Executive Director, Doctors of the World-USA
- Joel Lamstein, President, John Snow, Inc
- Albina du Boisrouvray, Founder and President, Association François-Xavier Bagnoud
- Mary Robinson, Executive Director, Ethical Globalization Initiative
- Jim Yong Kim, M.D., Ph.D, Harvard School of Public Health and Harvard Medical School
- Stephen H. Lewis, Co-Director, AIDS-Free World
- A. Frank Donaghue, CEO, Physicians for Human Rights
- Abhay Bang, M.D., M.P.H.
- Lydia Mann-Bondat, Naomi Mann, and Aaron Mann, children of Jonathan Mann
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