International Federation of Health and Human Rights Organisations calls for immediate release of human rights activist Binayak Sen

Following the lead of other organisations worldwide, International Federation of Health and Human Rights Organisations sent a letter to a number of government officials in India to urge them to release Mr Binayak Sen, a medical doctor and human rights activist who has been in custody for over a year. Essential in the work of IFHHRO and its members is the defence of health professionals such as Dr Sen, who are promoting the implementation of the Right to Health and who are threatened by State agencies because they are exactly doing what their profession and international law expects them to do.

The letter urges the authorities to release Dr Sen immediately, to start an inquiry into his unlawful arrest and detention, and to ensure that redress will take place. IFHHRO also calls on national and international organisations of health professionals such as the Indian Medical Association and the World Medical Association to protest against the detention of Dr Sen and insist on his immediate release, as well as on international human rights organisations to join actions against the detention of Dr Sen.

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To
Smt. Pratibha Devisingh Patil,
President of India

Prime Minister’s Office (PMO)

National Human Rights Commission

Dr. Raman Singh
Chief Minister - Chhattisgarh

Shri Shivraj Singh
Chief Secretary - Chhattisgarh

Sri E L Narasimhan
Governor - Chhattisgarh

Shri Shivraj Patil
Union Home Minister

Doctor Sen must be released from custody

IFHHRO calls for immediate release of medical doctor and human rights activist Dr. Binayak Sen (India)

The International Federation of Health and Human Rights Organisations (IFHHRO) representing 27 health and human rights member and observer organisations worldwide, is deeply concerned about the unjust imprisonment of Dr. Binayak, which has past the one-year line on 14 May 2008.

Dr. Sen is a medical doctor and a human rights activist, who has dedicated his life to the provision of healthcare to the most marginalized sections of the society. By setting up the unique Shaheed Hospital, the community-driven work of Rupantar and his broader involvement with Jan Swasthya Abhiyan, Dr. Sen has made healthcare available to people who have been ignored by government or private systems.

In his capacity of State Secretary of People’s Union for Civil Liberties of Chhattisgarh and as national Vice President, Dr. Sen has uncovered human rights violations by the state and other armed groups. He has highlighted starvation deaths, dysentery epidemics, poor conditions of under trial prisoners, custodial deaths and extra judicial killings. Dr. Sen has also worked on the issues of right to food, work, health and education. He has been amongst the most vocal opponents of Salwa Judum, a militia that has contributed to an increase in violence and displacement of thousands of tribal people, about which the Supreme Court of India has issued a strong disapproval.

On May 14th, 2007 Dr. Sen was arrested in Raipur under the repressive Chhattisgarh Special Public Security Act, 2005 (CSPSA) and the Unlawful Activities (Prevention) Act 2004 (UAPA) on charges of sedition, conspiracy to wage war against the state and conspiracy to commit other offences.

The arrest of and charges against Dr. Sen amount to a violation of the International Covenant of Civil and Political Rights, which India has ratified in 1979.

Dr Sen’s medical work is based on the internationally accepted codes of medical ethics, enshrined i.e. in international professional codes of conduct of the World Medical Association, of which the Indian Medical Association is a member, and in International Law.

Dr. Sen’s human rights work, especially from his position as health professional, reflects his duties as doctor and civilian and meets the provisions in international covenants that India has ratified, such as the International Convention against Torture, Inhuman and Degrading Treatment and Punishment (1997).

India also has ratified the International Covenant on Economic, Social and Cultural Rights (1979), in which article 12 focuses on health. Dr. Sen’s work is an impressive implementation of the Right to the Highest Attainable Standard of Health, articulated in General Comment 14 in 2000 by the Committee on Economic, Social and Cultural Rights.

Essential in the work of International Federation of Health and Human Rights Organisations (IFHHRO) and its members is the defence of health professionals such as Dr. Sen, who are promoting the implementation of the Right to Health and who are threatened by State agencies because they are exactly doing what their profession and international law expects them to do.

IFHHRO therefore:

Urges the authorities of Chhattisgarh and India to release Dr. Sen immediately.

Insists that the Government of India starts an inquiry into the unlawful arrest and detention of Dr. Sen, and ensures that redress of Dr. Sen will take place.

Calls on national and international organisations of health professionals such as the Indian Medical Association and the World Medical Association to protest against the detention of Dr. Sen and insist on his immediate release.

Calls on international human rights organisations to joint actions against the detention of Dr. Sen an element of their concern that the Right to Highest Attainable Standard of Health in India is implemented.

Yours Sincerely,
Adriaan van Es, MD
Coordinator IFHHRO

c/o Faculty of Law, Economics, and Governance,
Utrecht University
Boothstraat 6 (Room 1.09)
3512 BW Utrecht, the Netherlands
tel: 0031-30-253 8006
fax: 0031-30- 253 7242
www.ifhhro.org

Member Organisations: Physicians for Human Rights (USA), Johannes Wier Foundation for Health and Human Rights (Netherlands), Centre for Enquiry into Health and Allied Themes (India), Doctors for Human Rights (UK), Physicians for Human Rights (Israel), Palestinian Physicians for Human Rights, Health Research and Rights Foundation (Bangladesh), Zimbabwean Association of Doctors for Human Rights, EDHUCASalud (Peru), Commonwealth Medical Trust, Action Group for Health, Human Rights and HIV/Aids (Uganda), Harvard Program on International Health and Human Rights (USA), UNSW Initiative for Health and Human Rights (Australia), Independent Medico-Legal Unit (Kenya), Save Congo (DRC), Medici per i Diritti Umani (Italy), Association for Victims of Repression in Africa (Congo) Observers: Amnesty International, British Medical Association, International Committee of the Red Cross, International Council of Nurses, Turkish Medical Association, World Medical Association, International Federation of Medical Students’ Associations, International Rehabilitation Council for Torture Victims, Norwegian Medical Association, Uganda Medical Workers Union, South Africa Medical Association

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