Know for yourself the Sinister ways of Chhattisgarh Police : Kavita Srivastava
DIARY NOTES
Events of the Third Phase of Dr. Binayak Sen’s Trial & Incidents Preceeding Ajay TG’s Bail
Since Dr. Sen’s trial is disproving the prosecution’s case the police is openly trying to fabricate evidence both inside and outside the court. The police even tried to use Ajay’s TG legitimate release against Dr. Sen, hence the events of both the cases have been written together
The third phase of the trial of Dr. Binayak Sen case began on the 29th of July and lasted till July 31st. The key witnesses, the material witnesses had already deposed in the first two phases of the trial and some were tendered off. The subsequent witnesses were to be mostly seizure witnesses or police and jail personnel. Since most of the 20 witnesses who had deposed in the first two rounds of the trial had in no way confirmed the police case, the prosecution in an act of desperation had filed an application of recalling three of the witnesses who had deposed in the second phase between the 1st of July and the 4th of July. This was slated for argument in the course of these three days.
This was also the period when it became clear that charge sheet was not being filed in the Ajay TG case and that statutory bail was imminent however, we were suddenly filled with the hope that perhaps the case itself would be closed as Ajay had not committed any criminal act and hence there was no evidence to that effect.
29th July. 2008
No hearing happened as a senior member of the bar had passed away. Before we reached the Court, Dr. Binayak Sen, Pijush Guha and Narayan Sanyal had been already taken away to the jail. We were very disappointed that we had missed him. Read more
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Binayak Sen and the Right to a Fair Trial
Mukul Sharma in Kafila
The right to a fair trial is a cornerstone of democratic societies. How a person is treated, when accused of a crime, provides a concrete demonstration of how far a State respects human rights. Detention is ‘arbitrary’, where there are often grave violations of the right to a fair trial. Detention and imprisonment, which may be lawful under national standards, are considered ‘unlawful’ under international standards. A fair trial is indispensable for the protection of other rights, such as the right to freedom from torture, the right to life, and the right to freedom of expression. This right should never be compromised. However, throughout the country, people are being detained and imprisoned without a fair trial. In these circumstances, many face torture and other forms of ill-treatment. The continued detention of Dr. Binayak Sen, Vice-President of India’s leading human rights organization, the People’s Union for Civil Liberties (PUCL), should trigger a debate, not only in Chhattisgarh, but also around the country, about whether and to what extent the right to a fair trial may be compromised in the name of security.
Dr. Sen was detained on 14 May 2007. However, charges were not filed properly for seven months. In the meantime, he was denied bail, and was kept in solitary confinement for three weeks in March-April 2008. Much delayed, his trial commenced on 30 April 2008 and was adjourned till July. Before the trial began, the presiding judge announced that only one human rights activist could attend the hearing at a time, though he later relented, making the trial public. In jail, Dr. Sen continued to suffer from severe gout, which posed difficulties for him to take care of his daily needs. He also suffered from frequent micturation, indicative of a prostrate problem. Despite appeals to organize proper medical treatment as per the jail rules, no concrete action came from the trial court. Before and during the trial proceedings, the prosecution and the police were attempting to intimidate the family members and colleagues of Dr. Sen. The police so far has not produced any evidence from the materials in its possession, including a computer hard disk that they had seized from Dr. Sen’s residence and clinic. The police have yet to return the computer disk, ten months after getting it examined from the Hyderabad-based Forensic Science Laboratory, giving rise to doubts that it was being tampered to manufacture evidence. On every occasion that Dr. Sen was brought to the court, there was massive police presence, leading to an atmosphere of fear and intimidation. Dr. Sen has been charged under several sections of the Chhattisgarh Public Security Act, 2005 (CSPSA), the Unlawful activities (Prevention) Act (UAPA), 1967, and the Indian Penal Code. Both the CSPSA and the UAPA contain vague and sweeping definitions of ‘unlawful activities’, for which organizations may be rendered ‘unlawful’, such as ‘uttering words…which propound the disobedience of established law and its institutions’. If convicted, Dr. Sen could be sentenced to life imprisonment.
Abuse of the criminal process in a trial has a number of different, but related, aspects. Delay in the procedure, loss or destruction of evidence, abuse of power by the executive, use of unlawfully obtained evidence, prosecutor’s improper motives, denial of the rights of victims — these are some of the several serious concerns raised, regarding the everyday practices of the criminal justice system in the country. Delay is a cause of serious injustices in India. Lengthy periods of per-trial imprisonment, anxiety, expenses, loss of days and memory — all lead to a situation where the accused cannot get justice. Further, in criminal cases the prosecution has a virtual monopoly on investigation. It is therefore axiomatic that the prosecution should not be able to evade their duties of disclosure, by suppressing, loosing, preventing or destroying evidence. Prosecutions in various situations, including in conflict zones, are resulting in an abuse of power by the executive, where unlawfulness or breach of law by the State agents has made it virtually impossible to give the accused a fair trial. So many times the evidences are obtained unlawfully, the admission of which has an adverse effect on the fairness of the proceedings. Not only this, the circumstances in which evidences are obtained are crucial. For example, in any proceedings, international law strictly prohibits the admission of evidence of statements obtained by torture.
Against these methods, there are various kinds of international human rights standards, national laws and court judgments, relevant to fair trials. Impartial, constitutional bodies exist, that give authoritative guidance on how to interpret these standards. Pre-trial rights (the right to liberty, the right of people in custody to information, the right to legal counsel before trial, the right of detainees to have access to the outside world, the right to be brought promptly before a judge or other judicial officer, the right during interrogation, etc.), and rights at trial (the right to trial by a competent, independent and impartial court, the right to a fair hearing, the right to a public hearing, the presumption of innocence, the right to be tried without undue delay, the right to be present at trial and appeal, the right to call and examine witnesses, etc.), are many. Thus, assessing the fairness of a criminal trial, and establishing peoples’ rights is complex and multi-faceted. The severe shortcomings in our criminal justice system, and the unaccountability of the police, administration and judiciary, makes it virtually impossible to establish the right to a fair trial in contemporary India.
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Tribal houses burnt by salwa judum members
By Sonal Kellogg
Howra News
New Delhi
July 5: An independent fact-finding team of people’s groups which visited Lendra village of Dantewada district in Chhattisgarh on June 26 at the invitation of the Campaign for Peace and Justice found that 11 houses belonging to the adivasis had been completely burnt down and razed to the ground by salwa judum members.
Salwa judum, a campaign sponsored and supported by the Chhattisgarh government, allegedly handed out brutal reprisals for depositions by members of this village before the National Human Rights Commission (NHRC). All their belongings were burnt down with the houses.
The NHRC was visiting Dantewada in June in connection with the Supreme Court’s orders in the salwa judum case of April 15, where the court asked the commission to investigate charges of human rights violations by salwa judum and report within eight weeks.
As per the resident tribals of Lendra, a group of more than 100 persons from the salwa judum camp at Erabor entered the village at around 8.30 am on June 15. The group was armed and some of them were in uniform. On seeing the advancing group, the tribals fled. However, two persons who could not flee were caught and beaten up. The attacking group then proceeded to burn down 11 houses in the hamlet.
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India: Serious concerns over fair trial : Amnesty International Australia
Amnesty International Australia
Published on 27/06/2008
Delay in the trial process of jailed and award-winning human rights defender Dr. Binayak Sen followed by arrest of T.G. Ajay, also a human rights defender who attended his trial heightens serious doubts about Dr. Sen getting a fair trial at a Raipur district court in India, Amnesty International said on 25 June 2008.
Detained since 14 May 2007 Dr. Sen is facing numerous charges including under the Chhattisgarh State Public Security Act, 2005 (CSPSA), which criminalises “unlawful activities” and being a member of banned “terrorist organizations”. If convicted, he could be sentenced to life imprisonment.
Dr. Sen is a pioneer in providing accessible health care for adivasis (indigenous communities) and mine workers in remote villages of Chhattisgarh. He is recipient of several awards in recognition of his work for more than two decades. As vice-president of India’s leading human rights organisation, the People’s Union for Civil Liberties (PUCL), Dr. Sen had highlighted unlawful killings and other human rights abuses in the armed confrontations in Chhattisgarh between the security forces and the Salwa Judum, a private militia widely held to be supported by the state authorities, on the one hand, and armed guerrillas of the banned Communist Party of India (Maoist) on the other.
Amnesty International called for Dr. Sen’s release soon after his arrest unless he was charged with a recognisably criminal offence - India: Chattisgarh government detains human rights defender, refuses to arrest police officials suspected of involvement in unlawful killings of adivasis. There are sufficient reasons to believe that the charges against him appear to be politically motivated. There has been no investigation so far into the allegations of unlawful killings of adivasis by Salwa Judum and the state police in Santoshpur which he had highlighted prior to his arrest. The authorities held him for seven months without proper filing of charges; in the meantime, he was denied bail; and was kept in solitary confinement for three weeks in March-April 2008; many of the charges against him stem from laws that contravene international standards. His trial, which commenced on 30 April, is now adjourned to 1 July.
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A PLEA TO TAKE UP THE CASE OF FILM-MAKER AJAY T G, HELD ON FALSE CHARGES IN CHHATTISGARH
This is an appeal to you to actively campaign for the freedom for film-maker Ajay T.G, who was recently arrested in Bhilai under the Chhattisgarh Special Public Safety Act (like Dr. Binayak Sen) on charges on sedition!
Ajay, who would be about 35, hails originally from Kerala. Coming from a very ordinary family, he has been involved in CPI politics and is still an office-bearer of the local youth federation. He learned film-making at “Jan Darshan” an effort of journalist Lalit Surjan (of Deshbandhu fame) to train local youth in the audio-visual media.
As a research assistant of the well known sociologist Jonathan Parry of the London School of Economics, Ajay made several films on the interface of caste and class among the permanent workmen of the Bhilai Steel Plant, which were widely appreciated
As a member of PUCL, he had the courage to accompany several fact-finding teams including into fake encounters, and capture on film the statements of victims. (Presumably it is this activity of Ajay’s that is being dubbed “sedition”?) Read more
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Gallery
From freebinayaksen.org- Updates from Google News
- Dr Binayak Sen: An unfortunate achiever - Merinews
- Jailed human-rights activist works for peace - Ode Magazine
- Q&A: 'Rights activism uses space within the Constitution' - Times of India
- DIFFERENT KINDS OF SILENCE - Calcutta Telegraph
- Vote War 2008: Chhattisgarh - Tehelka
- National Convention on Countering Fascist Forces: Defending the ... - NewsBlaze (press release)
- Reports From Indian Media
- Different kinds of silence - Telegraph: Opinion
- Whither democracy? - Oheraldo
- Q&A: 'Rights activism uses space within the Constitution' - TOI: Editorial
- The Shootin' Sheriffs - Outlook
- Videos - Rediff: Top Stories (India)
- India must be reclaimed - Hindustan Times: Views
- A law and its victim - Frontline
- An appeal for peace in South Bastar - Hindu: Opinion
- NGOs demand severe action against attackers - The Navhind Times