Posts Tagged ‘India’

UN Special Rapporteurs express serious concern about Kashmiri human rights defenders

September 5, 2023

The Pakistan Observer of August 11, 2023 carries the story which I wished Indian newspapers would also cover..:

The UN Special Rapporteur on Human Rights Defenders and other UN experts have expressed their serious concern at the arrest, detention and accusations brought against Kashmiri human rights defenders Irfan Mehraj and Khurram Parvez, which they said are “designed to delegitimize their human rights work and obstruct monitoring of the human rights situation in” Indian occupied Jammu and Kashmir

A joint communication released by the UN Special Rapporteur on Human Rights Defenders and other UN experts, and which is available at the website of the UN Special Rapporteur on Human Rights Defenders [https://srdefenders.org/india-arrest-detention-of-kashmiri-human-rights-defenders-irfan-mehraj-khurram-parvez-joint-communication/], said, “We underline the legitimacy of their work and of the activities of the JKCSS and express our fear that the arrest and detention of Mr. Mehraj, as well as the continued detention of Mr. Parvez since 2021 and his involvement in the second case at hand, are designed to delegitimize their human rights work and obstruct monitoring of the human rights situation in India-administered Jammu and Kashmir. [see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3]

“As we have repeatedly stressed in the past, counter-terrorism legislation should never be used to sanction human rights defenders. We express our abhorrence at the continued instrumentalization of national-security measures and discourse to undermine, obstruct and persecute those peacefully promoting, defending and seeking the advancement of human rights in the country, as well as to frustrate accountability for human rights violations.”

Disagreeing with the definition of a terrorist by the Modi government, the joint communication said, “As we previously raised in OL IND 7/2020, we are deeply concerned about the definition of ‘terrorist act’ in the UAPA, which substantially departs from the model definition offered by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and provides broad powers to the executive, without oversight or control from the judiciary. We further remind your Excellency Government that the definition of terrorism and terrorism offences must be ‘genuinely’ terrorist in nature in accordance with the elements identified by the Security Council in its resolution 1566 (2004).”

The statement warned that “Conflation of human rights work with terrorism is inconsistent with the obligations of State affirmed by the Security Council that counter-terrorism activities by States should not conflict with other international law obligations, particularly human rights, and with the agreed consensus of Member States contained in the Global Counter-Terrorism strategy opposing the misuse of counter-terrorism measures against civil society (A/RES/60/288).”

“We also note our deep concerns about allegation of ‘terror funding’ and highlight that the Financial Action Task Force (FATF) has set forth international practices and guidelines aimed at preventing global money laundering and terrorist financing. The FATF recommendations, while non-binding, provide recognized international guidance for the countering of terrorism financing. Recommendation (1) states that ‘countries should apply a risk-based approach (RBA) to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the risks identified’ Recommendation (8) provides guidance to States on the laws and regulations that should be adopted to oversee and protect NPOs that have been identified as being vulnerable to terrorist financing concerns.”

“Such measures must be ‘focused and proportionate’; ‘ ‘one size fits all’ approach to address all NPOs is not appropriate.’ FATF has reaffirmed that State compliance with Recommendation (8) and the other FATF Recommendations ‘should not contravene a country’s obligations under the Charter of the United Nations and international human rights law to promote universal respect for, and observance of, fundamental human rights and freedoms, such as freedom of expression, religion or belief and freedom of peaceful assembly and of association.”

Blaming India for targeting civil society, the joint statement said, “We are concerned that these arrests appear to contravene a “risk-based” approach to countering terrorism finance and appear to demonstrate a misuse of countering terrorism finance laws and practice to disproportionately target civil society.”

It is worth mentioning here that the “communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of India on 5 June 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame.

The communication stated that “If a reply is received it will be posted on the UN Special Procedures communications database”.

“Since the communication was sent, the detention of Mr. Mehraj and Mr. Parvez has twice been extended following petitions by the National Investigation Agency (NIA), with the latest extension granted on 27 July 2023. Both human rights defenders remain detained in Rohini Prison in Delhi”.—KMS.

see also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

https://www.ohchr.org/en/press-releases/2023/03/india-un-expert-demands-immediate-end-crackdown-kashmiri-human-rights

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28286

Mary Lawlor urges India to release HRD Saibaba

August 29, 2023
Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders.

Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders.

An independent UN human rights expert has called for India to release an activist imprisoned since 2017, expressing concern over his persistent detention and deteriorating health. GN Saibaba, a former English professor at Delhi University, was arrested in 2014 and accused of links to banned Maoist groups, according to media reports. See: https://humanrightsdefenders.blog/2023/07/07/g-n-saibaba-in-india-continues-from-his-cell/

He was sentenced to life imprisonment three years later for multiple offences under the country’s Unlawful Activities Prevention Act.

GN Saibaba is a long-standing defender of the rights of minorities in India, including the Dalit and Adivasi people,said Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders on 21 August “His continued detention is shameful. It bears all the hallmarks of a State seeking to silence a critical voice,” she added.

UN human rights experts have repeatedly raised grave concerns about the prosecution of Mr. Saibaba, who has suffered from a spinal disorder and polio since childhood and uses a wheelchair. 

His detention was declared arbitrary by the UN Working Group on Arbitrary Detention in an opinion issued in 2021.

In March 2024 came the good news: The Nagpur bench of Bombay High Court set aside the conviction, Read more at:
http://timesofindia.indiatimes.com/articleshow/108246679.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

https://news.un.org/en/story/2023/08/1139932

https://english.mathrubhumi.com/news/world/un-expert-pitches-for-ex-delhi-university-professor-g-n-saibaba-s-release-1.8840381

Pressure on India continues to clear father Stan Swamy’s name

July 10, 2023

On 6 July 2023 UCA News reporter reported on efforts at the second death anniversary of the Jesuit priest Father Stan Swamy, who was falsely charged with terror-related laws, See also: https://humanrightsdefenders.blog/2020/10/11/the-indomitable-father-stan-swamy-defending-the-adivasis-and-the-dalits-a-cause-of-arrest/

A group of rights activists in India have urged President Droupadi Murmu to withdraw terror-related cases against late Jesuit Father Stan Swamy and 15 other accused in the 2018 Bhima Koregaon violence case.

“It is a false case registered against Father Swamy and others and it should be withdrawn,” said Father Antony P.M, a social activist at a gathering to mark the second death anniversary of the priest, on July 5 in the eastern Jharkhand state. Tributes were paid to the Swamy across the country.

He said a group of activists is appealing to the president, who hails from an indigenous community in eastern India, to use her good office to withdraw “the totally false case registered against right defenders,” Antony told UCA News on July 6.

The activists had gathered in front of the Raj Bhavan, the official residence of the Jharkhand governor, in the state capital Ranchi. It was organized by the Shahid Father Stan Swamy Nyaya Morcha (Martyer Stan Swamy Justice Forum). 

“Father Swamy, who fought for the rights of indigenous people in Jharkhand finally had to die for want of medical care as a prisoner,” said Antony, the director of Bagaicha, a Jesuit social center in Jharkhand, where Swamy lived and worked.

Murmu served as the governor of Jharkhand when Swamy’s residence in Ranchi was raided twice and the federal terror investigative agency arrested him in 2020.

He was accused of having links with outlawed Maoists along with 15 well-known human rights activists accused in a case linking them to a violent clash in Bhima-Koregaon village in western Maharashtra state in 2018. 

The late priest and others including rights activists, lawyers, academicians, and writers, were also charged under the provisions of a draconian anti-terror law, the Unlawful Activities Prevention Act (UAPA), alleging they had conspired to unleash violence in Bhima-Koregaon.

The priest was also accused of sedition and conspiring with Maoist rebels to overthrow the federal government. 

The 85-year-old activist priest died as an under trial prisoner in a private hospital in Mumbai, the capital of Maharashtra.

“We hereby request Your Excellency to take cognizance of the entire Bhima-Koregaon case wherein the intention of the state and the investigation agencies is highly suspicious and does not inspire any confidence in common citizens,” they said in a memorandum.

“Several independent investigations, including by US-based Arsenal Consultancy, have exposed how the case, based on fabricated evidence, is just a witch-hunt by the state,” it said.

“We request that all the human rights activists be immediately released on bail, the case and prosecution be withdrawn and criminal proceedings be initiated against those responsible for fabricating and planting evidence,” the memorandum added.

It also briefly provided details of the findings from Arsenal Consultancy, a digital forensic lab, that said digital evidence was planted on the computer of Father Swamy and others, leading to their arrest and incarceration.

Antony further demanded the scrapping of the draconian UAPA, under which Swamy was arrested.

“Once a person is charged under the UAPA, he/she is not treated well in jail even if there is no connection with the case remotely,” the priest said, citing the example of Swamy.

Despite suffering from Parkinson’s and other age-related diseases, Swamy was denied bail by both the trial court and the high court before his death.

“If the jail authorities cared for him well or the courts had granted bail in time, I think he would have been with us,” Antony, also a Jesuit, observed.

“The investigating agency has still not filed the charge sheet and activists are languishing in jail. This is a gross violation of human rights,” the priest said. 

Indian Jesuits have approached the Mumbai High Court seeking “to clear his name from the false cases” that led to his arrest, imprisonment and death in custody.

https://www.ucanews.com/news/activists-urge-indian-president-to-clear-stan-swamys-name/101875

“G. N.” Saibaba in India continues from his cell

July 7, 2023

INPA02121512

A wheel-chair using, human rights activist and former university lecturer of English, G. N. Saibaba has endured years of cruel, inhumane solitary confinement ©DR

I still stubbornly refuse to die
The sad thing is that
They don’t know how to kill me
because I love so much
The sound of growing grass

OMCT published this impressive story in calling for the immediate release of G. N. Saibaba:

These are the defiant words of Gokarakonda Naga “G. N.” Saibaba, written from his cell in Nagpur Central Jail in the Indian state of Maharashtra. A wheel-chair using, human rights activist and former university lecturer of English, Sai has endured years of cruel, inhumane solitary confinement. Still, his irrepressible resilience shines through. And Sai’s poetry fills a recently published anthology. But he did not write it in verse. In order to evade the prison’s punishing censors, and to disguise his messages of equality, positivity and love, Sai penned letters to friends and his partner of 30 years. These were transcribed, and became his book entitled, Why Do You Fear My Way So Much?

Prison conditions

Now, G. N. Saibaba is much less able to write. Since his erroneous conviction for terrorism-related crimes in 2017, and a sentence of life imprisonment, Sai’s health has progressively deteriorated. Suffering from a heart condition, a brain cyst, a lump in the abdomen and breathing difficulties, his multiple medical conditions require specialised treatment only available in New Delhi. And his disability as a result of childhood polio has been compounded by untreated nerve damage in his left arm, that has spread to his right, leaving him with no strength in his upper limbs. Sai needs support to perform any simple human function like sitting up, eating, drinking or using the toilet, a task which has been assigned to two fellow detainees. His dependency has been underlined by the constant monitoring of his cell. It was only recently – after Sai went on another hunger strike – that the prison authorities agreed to change the direction of CCTV cameras, giving him some semblance of privacy. Before that, his bed and toilet were recorded 24/7. This was a small victory. Despite repeated advocacy by the UN and human rights groups on G. N. Saibaba’s behalf, he is forced to inhabit a small, egg-shaped cell exposed to extreme weather conditions and with little space to move, particularly for someone in a wheelchair as Sai. Given his disability, some commentators believe the conditions of his detention may amount to torture.

Arrest in Delhi

It was 9th May 2014, and G. N. Saibaba was returning home for lunch from his lecturing duties at Delhi University. Without warning, a van jack-knifed in front of the car he was travelling in, forcing it to stop. Sai’s driver was pulled roughly from the vehicle, and replaced by a man in civilian clothing. Two others flanked their captive in the back. G N Saibaba was driven directly to the airport. He was never shown an arrest warrant, and nobody informed Sai’s relatives about his arrest. He was put on a plane to Nagpur, Maharashtra. On arrival, he was transported in an anti-landmine vehicle, in a convoy of commandos armed with automatic weapons. The military clearly wanted to send a message they had detained a hard-core terrorist – not a committed campaigner who has fought most of his life against discrimination and caste-based oppression, and for the rights of women and indigenous Indians.

Activism

G. N. Saibaba grew up in a small, rural community in southern India. Disabled by polio as a young child, he understood early on how unfairness and prejudice are perpetrated. Excelling in school, Sai went on to university where he became involved in student politics. His appointment as a professor of English did not dilute his outspoken criticisms of injustice.

In particular, he became a leading detractor of what became known as ‘Operation Green Hunt’ – a military campaign in central India, home to a large population of several indigenous communities (known as Adivasis), to eliminate Maoists, also called Naxals. Central India has witnessed numerous people’s movements opposing forceful occupation of indigenous land, and the exploitation of ancient forests and rich mineral resources. This military campaign against Naxals was used to quash such movements, leading to numerous human rights violations against civilians.

Conflict in this region dates back to the 1960s. ‘Operation Green Hunt’ began in 2009 – an all-out, on-going offensive by the Indian armed forces to rid the area of Naxals. G. N. Saibaba led the Forum Against War on the People – a solidarity organisation, and an attempt to shine a light on human rights abuses in the region. These atrocities – committed for the most part by the military and paramilitaries – have been well documented. They include extrajudicial killings, multiple rapes, and the deeply disturbing desecration of civilian corpses. It has been estimated more than 2,000 people have lost their lives since 2009.

Conviction

G. N. Saibaba’s advocacy certainly gave pause for thought to national and transnational mining corporations thinking about investing in the region. So, it was inevitable perhaps he would become a target. His persecution began under the Congress government – his Delhi home was raided more than once – and then continued under the BJP, and the prime ministership of Narendra Modi.

At G. N. Saibaba’s trial in 2017, with the courthouse fortified by hundreds of police officers to reinforce the impression of a dangerous extremist, he was tried under India’s anti-terror legislation – the Unlawful Activities (Prevention) Act. With five others, Sai was convicted of alleged links to the banned Maoist organisation.

Judicial rollercoaster

In October this year, the Nagpur Bench of the Bombay High Court ruled G. N. Saibaba’s initial trial had been flawed. The case against him was discharged. The elation he, his family and supporters felt quickly turned to disbelief. The government – infuriated, no doubt by the court’s decision to release an ‘urban Naxal’, a term regularly used to stigmatise human rights defenders – applied for a special sitting of the Supreme Court. The very next day, on a non-working day the special bench of the Supreme Court suspended the decision of the Bombay High Court. This leaves G N Saibaba still in that heavily monitored isolation cell, struggling to negotiate its curved walls in his wheelchair.

Above all, love

G. N. Saibaba’s hope of liberty has once more been dashed. Even so, his spirit is strong. The untreated infections in his hands, and the pain he experiences, means Sai cannot write more than two or three pages a month. But letters from home, especially from his partner, help sustain him.

I defeat the purpose
of the solitary confinement
by drowning myself
in your letters of love.

https://www.omct.org/en/resources/news/an-academic-is-caged-his-thoughts-are-still-free-resilient-and-undefeated

Breaking news: Laureates of the MEA for 2023 announced

January 19, 2023

Today the three Martin Ennals Award Laureates 2023 were announced !

The 2023 Laureates — Delphine Djiraibé (Chad), Feliciano Reyna (Venezuela), and Khurram Parvez (Jammu and Kashmir) — have each dedicated over 30 years of their lives to building movements which brought justice for victims, accountability from leaders, or medicines to the marginalized. They have made human rights real for thousands of people in their communities, despite the ongoing, sometimes life-threatening, challenges they endure.  For more on this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/043F9D13-640A-412C-90E8-99952CA56DCE

———————

Delphine Kemneloum Djiraibé was one of the first female lawyers in Chad and a pioneer of the human rights movement in one of the poorest countries in the world, fraught with corruption and human rights abuses. Convinced that her role is to “challenge the power”, Delphine has advocated on behalf of victims and the democratic process for over 30 years. She was a key figure in bringing the former dictator Hissène Habré to justice. Djiraibé heads the non-governmental organisation Public Interest Law Center (PILC), which trains volunteers and accompanies citizens seeking justice for violations of their rights. In recent years she has been particularly active in combating gender-based violence and is in the process of establishing the first women’s counselling center in Chad, which will include an emergency shelter for women affected by domestic violence. See also: https://www.trueheroesfilms.org/thedigest/laureates/5B701F71-12FD-B713-9F99-5E09B9AFD6DA

After the death of his partner Rafael from AIDS in 1995, Feliciano Reyna, then an architect, founded Acción Solidaria to provide much needed medication and treatment to Venezuelans living with HIV & AIDS. Feliciano and Acción Solidaria began advocating for access to health for the marginalised LGBTQI population in a country where healthcare was on the decline and corruption on the rise. They created the first national AIDS Help Line in Venezuela and ran a national awareness campaign on HIV & AIDS, which aired on TV and in movie theaters, and received radio and magazine coverage. Feliciano Reyna went on to found CODEVIDA, a coalition of Venezuelan organisations promoting the rights of Venezuelan citizens to health and life. As he put it: “We walked directly into the complex humanitarian emergency in Venezuela”. Despite ongoing threats, since 2006, he has worked closely with UN mechanisms to defend human rights in his country. In 2019 his advocacy was instrumental in establishing the Independent International Fact-Finding Mission on Venezuela. 

At the age of 13, when Khurram Parvez witnessed the shooting of his grandfather during a protest demonstration against the molestation of women outside his house in Kashmir, he chose to “not incite violence and become part of some revenge” , but rather to become a “nonviolent activist“. He founded the Jammu and Kashmir Coalition of Civil Society (JKCCS) and is the Chair of the Asian Federation Against Involuntary Disappearances. For 15 years he has travelled to the most remote parts of the region to sit with victims of abuse, collect documentation and report on their stories. Under his leadership, the JKCCS has been highly effective in translating the protections guaranteed in international human rights law into local realities. Despite continued attacks on his right to freedom of expression by the Indian government, being jailed in 2016 and losing a leg to landmines, Khurram relentlessly spoke the truth and was an inspiration to civil society and the local population. In November 2021, he was arrested under the Unlawful Activities Prevention Act (UAPA) on politically motivated charges. He remains detained without trial in India.  See also: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3

You can watch them take questions from the press at the Club Suisse de la Presse, livestreamed on February 14th, 2023 from 12h CET.

A celebration of the Laureates 2023 will take place on 16 February at the Salle communale de Plainpalais in Geneva, at 6:30pm. The event is open to the public and livestreamed from the Martin Ennals Foundation’s website and Facebook page. Sign-up to the Ceremony

Global Witness report 2021: continued disaster

October 5, 2022

Stuti Mishra in the Independent of 29 September 2022 summarises and analyses the report “A Decade of Defiance: Ten years of reporting land and environmental activism worldwide” by Global Witness

More than 1,700 environmental defenders have been killed around the world in the last decade with one death reported every other day on average…The report titled A Decade of Defiance: Ten years of reporting land and environmental activism worldwide, released by Global Witness, reveals the increasing threats environmental activists are facing as the climate and biodiversity crisis worsens.

The research states that a total of 1,733 people have been killed over the past 10 years trying to protect their land and resources. That is an average of one defender killed approximately every two days over 10 years.

The report shows Brazil has been the deadliest country for environmental defenders with 342 lethal attacks reported since 2012 with over 85 per cent of killings within the Brazilian Amazon.

The data found within the report also shows that over half of the attacks over the 10-year period have taken place in three countries — Brazil, Colombia, and the Philippines — with around 300 killings reported in these countries.

Mexico and Honduras witnessed over 100 killings while Guatemala and India saw 80 and 79 respectively, remaining one of the most dangerous countries. The report also reports 12 mass killings, including three in India and four in Mexico.

Mexico was the country with the highest recorded number of killings in 2021, totalling 54 killings, up from 30 the previous year. Almost half of those killed were again Indigenous people while over a third were forced disappearances, including at least eight members of the Yaqui community.

The report also reveals that over three-quarters of the attacks recorded in 2021 took place in Latin America. In Brazil, Peru and Venezuela, a big majority of 78 per cent of these attacks occurred in the Amazon.

Meanwhile, the biggest increase in lethal attacks was witnessed in Brazil and India in 2021 with 26 deaths reported in Mexico, up from 20 and 14 in India, up from four.

Both Colombia and the Philippines saw a drop in killings to 33 in 2021 from 65, and 19 from 30 in 2021 respectively. Yet overall they remain two of the countries with the highest numbers of killings in the world since 2012.

2021 Highlights from Global Witness report

  • Around 200 Land and Environmental Defenders were killed in 2021 – nearly four people a week
  • Over three-quarters of the attacks recorded in 2021 took place in Latin America
  • Nearly 40 per cent of all attacks reported were against Indigenous people
  • Mexico recorded the highest number of killings in 2021
  • Brazil and India both saw a rise in lethal attacks in 2021
  • 50 of the victims killed in 2021 were small-scale farmers
  • Around 1 in 10 of the defenders recorded killed in 2021 were women, nearly two-thirds of whom were Indigenous [see also: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/]

In Africa, the Democratic Republic of Congo remained the country with the highest number of attacks — eight defenders were killed there in 2021. All eight of these killings were in Virunga National Park, which remains extremely dangerous for the park rangers protecting it.

The organisation began collecting data on attacks against those defending land and the environment in 2012 and found that the control and use of land and territory is a central issue in countries where defenders are threatened. Much of the increasing killing, violence and repression is linked to territorial conflicts and the pursuit of economic growth based on the extraction of natural resources from the land, it states. The research has also highlighted that Indigenous communities in particular face a disproportionate level of attacks — nearly 40 per cent — even though they make up only 5 per cent of the world’s population.

However, the research found that the figures also do not capture the true scale of the problem, as tightened control on media has led to severe underreporting in some countries where environmental defenders are most vulnerable. Research has also found that few perpetrators of killings are rarely ever brought to justice due to the failures of governments to properly investigate these crimes.

While a majority of these attacks are not properly investigated or reported on, a big proportion of these attacks were linked to sectors like mining and infrastructure, including large-scale agribusiness and hydroelectric dams.

Many authorities ignore or actively impede investigations into these killings often due to alleged collusion between corporate and state interests, the report says.

All over the world, Indigenous peoples, environmental activists and other land and environmental defenders risk their lives for the fight against climate change and biodiversity loss.

They play a crucial role as a first line of defence against ecological collapse, yet are under attack themselves facing violence, criminalisation and harassment perpetuated by repressive governments and companies prioritising profit over human and environmental harm.

a spokesperson for Global Witness said

With democracies increasingly under attack globally and worsening climate and biodiversity crises, this report highlights the critical role of defenders in solving these problems,” a spokesperson for Global Witness said, adding that the organisation makes an “urgent appeal for global efforts to protect and reduce attacks against them.”

Apart from killings, the report also reveals a number of tactics being used to silence them, like death threats, surveillance, sexual violence, or criminalisation – and that these kinds of attacks are even less well reported.

https://www.globalwitness.org/en/campaigns/environmental-activists/decade-defiance/

https://www.independent.co.uk/climate-change/news/global-witness-report-environment-defenders-threat-b2176247.html

Sedition law suspended by India’s Supreme Court

May 12, 2022

Having posted before about this nefarious law [see also: https://humanrightsdefenders.blog/2021/06/16/delhi-high-court-re-establishes-that-criticism-is-not-sedition/], it is good news that on 11 May 2022 India’s Supreme Court suspended this law which activists say is often used by Prime Minister Narendra Modi’s government to target free speech and dissent.

Mr Modi’s critics say that the law, which was once used by Britain to target independence hero Mahatma Gandhi, has been abused by his government against many journalists, activists, and students. Section 124A of the Indian penal code gives wide-ranging powers to the police to arrest people, who can even face life imprisonment, for an act or speech that “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government”.

India’s official crime data says 236 people faced sedition charges between 2018 and 2020. India sparked global outrage last year after 22-year-old climate change activist Disha Ravi was arrested for sedition for allegedly creating a “toolkit” to aid anti-government farmer protests.

See also:

The rigours of Section 124A (are) not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime,” India’s chief justice N V Ramana, part of a three-judge bench hearing a petition against the law, said. Mr Ramana asked the government not to file any new sedition cases and pause ongoing sedition investigations.

All pending trials, appeals and proceedings” under sedition, the court said, “be kept in abeyance” until the “re-examination of the provision is complete“.

The government had said Monday that it had decided to “re-examine and reconsider” the law but it remained in force. The top court also urged people jailed for sedition to approach local courts for bail.

Amnesty International welcomed the Supreme Court’s order “For far too long, authorities have misused the sedition law to harass, intimidate, and persecute human rights defenders, activists, journalists, students, filmmakers, singers, actors, and writers for peacefully exercising their right to freedom of expression,” Aakar Patel, Chair of Amnesty International India’s Board, said. “Sedition has been used as a tool of political repression by successive governmens”i

Nagpur-based lawyer Nihalsingh Rathod, who represents many accused in the Elgar Parishad case said the legislature should have re-examined the relevance of sedition a long time ago. The Supreme Court’s interim order was an important step in rights jurisprudence, he said.

“It won’t bring complete respite as no state invokes an isolated provision. In present cases too they invoke many provisions, including UAPA. But still, it brings hope that the process of looking at sedition and jurisprudence around it is being re-examined. It offers some hope that sedition law will undergo some churn that has never happened,” he said…

https://www.sbs.com.au/news/article/indias-top-court-suspends-use-of-controversial-sedition-law/wy0racqs4
https://economictimes.indiatimes.com/news/india/sedition-law-lawyers-and-free-speech-activists-welcome-sc-order/articleshow/91500777.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

India sinking in civic freedoms survey

March 21, 2022

While the world’s attention is understandably focused on the war in Ukraine, other major countries should not stay outside the limelight, e.g. India (conspicuously absent in the condemnation of the aggression) which continues to flaunt human rights. [See e.g. https://humanrightsdefenders.blog/2022/01/28/anti-terror-laws-in-india-keep-being-used-against-human-rights-defenders/].

On 10 March 2022, The Wire in New Delhi reported that India has been added to CIVICUS’ watchlist of countries that have seen a “rapid decline” in civic freedoms by an independent monitor, highlighting the drastic measures taken by Prime Minister Narendra Modi to silence critics of his Bharatiya Janata Party (BJP).

India and Russia were added to CIVICUS Monitor’s Watchlist. CIVICUS Monitor is an online platform that tracks the latest developments to civic freedoms, including the freedoms of expression, association and peaceful assembly, across 197 countries and territories.

India has remained a “repressed” nation in the ‘People Power Under Attack 2021’ report by the CIVICUS Monitor, along with 48 other countries including Afghanistan, Russia and Hong Kong. Its rating was first downgraded in 2019, “due to a crackdown on human rights activists, attacks on journalists and civil society groups, and the assault on civic freedoms in Indian administered Jammu and Kashmir”.

This rating is typically given to countries where civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights.

In its report, CIVICUS highlighted several developments that it saw as cause for concern.

In January, the Central Bureau of Investigation conducted raids on Madurai-based human rights watchdog, People’s Watch. The raid came against the backdrop of 6,000 other civil society organisations, including Oxfam, losing their foreign funding licenses under the controversial Foreign Contribution (Regulation) Act. Greenpeace and Amnesty International are among the civil society groups that have had to close their offices in India.

Meanwhile, scores of human rights defenders and activists remain in detention under the draconian Unlawful Activities (Prevention) Act (UAPA) and other laws. They include the 15 human rights defenders linked to the 2018 Bhima Koregaon incident who have been accused of having links with Maoist organisations, based on evidence believed to be “fabricated”.

Waiting for bail, 84-year-old tribal rights activist Stan Swamy, who remained in custody since October 2020 in the Elgar Parishad case under UAPA, died in July last year. [Update on this case: The death of Jesuit priest and Adivasi rights activist Stan Swamy in judicial custody will “forever remain a stain on the human rights record of India”, says a new brief by the United Nations’ Working Group on Arbitrary Detention. The group had formally adopted its opinion on Swamy’s death during its 92nd session on November 16, last year but made its comments public just this week. The Working Group transmitted to the Indian Government a communication concerning Swamy on May 12 last year, but did not receive any response. India is a party to the International Covenant on Civil and Political Rights [ICCPR]. In its communication, the Working Group urged the Government to prioritize the use of non-custodial measures at all stages of criminal proceedings, including during the pretrial phase, in the current context of a global pandemic. Furthermore, its source submitted that placing Father Swamy in prison increased his risk of contracting COVID-19 and thus put his life at risk. The failure of the Government to heed these prescient warnings led to his avoidable death in custody, the opinion states.] [https://theleaflet.in/un-working-group-asks-india-to-accord-stan-swamys-family-with-compensation-and-reparations-under-international-law/]

Further, at least 13 activists who were arrested under the UAPA for their work against the Citizenship (Amendment) Act (CAA) 2019 remain in detention. The slow investigative processes and extremely stringent bail provisions ensure that those detained under the law are held in pre-trial detention for long periods.

“The office raids and foreign funding bans are part of the government’s strategy to harass and silence their critics,” said Josef Benedict, Civic Space Researcher for the CIVICUS Monitor. “The use of broadly worded anti-terrorism laws against activists, journalists, academics, and students, reflect a multi-year decline in the state of civic and democratic freedoms in the country.”

Journalists have continued to be targeted in India for their work in recent months and there have also been concerns about the widespread surveillance of activists, journalists and others critical of the Modi government following the Pegasus spyware expose.

The government must release all human rights defenders detained and come clean about its surveillance of activists and journalists as well as establish an independent and effective oversight mechanism to monitor all stages of interceptions of communications,” said Henri Tiphagne, national working secretary of HRDA – India.

In a letter addressed to Prime Minister of India Narendra Modi, 21 members of European Parliament stated, “We, the undersigned Members of the European Parliament, are writing to express our concern over the treatment of human rights defenders (HRDs) in India.” “We have followed cases of HRDs being jailed for their peaceful work, targeted under anti-terror laws, labeled as terrorists, and facing increasing restrictions on their ability to safely mobilize and access funds due to restrictive legislation. We are especially concerned about the safety of unjustly jailed defenders with emphasis on 15 HRDs accused in what is known as the Bhima Koregaon case and 13 defenders currently in jail for their campaign against the Citizenship Amendment Act (CAA).”

They expressed worry that the prominent human rights defender Khurram Parvez remained in detention under the UAPA in one of the most overcrowded and unsanitary prisons in the country for his documenting of rights violations in Indian-administered Kashmir.

Echoing calls by UN experts, they viewed their case as emblematic of the way the Indian government “continues to use the UAPA as a means of coercion to restrict human rights defenders’ fundamental freedoms in the country.” [see also: https://humanrightsdefenders.blog/2021/11/23/india-arrests-khurram-parvez-again/]

See also 31 March: https://www.hrw.org/news/2022/03/31/human-rights-watch-submission-universal-periodic-review-india

https://thewire.in/rights/for-rapid-decline-in-civic-freedoms-india-added-to-civicus-monitors-watchlist

“Advanced persistent threat” group targeted Indian human rights defenders for decade

February 14, 2022
. (“National Flag of India” by Sanyam Bahga is licensed under CC BY-SA 2.0)

Two years ago it was reported that an Indian “hack-for-hire group” had targeted journalists and human rights defenders [see: https://humanrightsdefenders.blog/2020/06/10/after-nso-now-indian-based-hacking-group-targets-ngos/], but on 11 February 2022 Steve Zurier in SC Magazine reported that researchers discovered an advanced persistent threat group that targeted Indian dissidents and remained undetected for a decade or more, starting with simple phishing lures some 10 years ago and then graduating to providing links to files hosted externally in the cloud for manual download and execution by the victims.

In a blog post, SentinelLabs researchers reported on ModifiedElephant, which has been operating since at least 2012. The researchers said the threat group operates through the use of commercially available remote access trojans and has ties to the commercial surveillance industry.

The threat actor uses spearphishing with malicious documents to deliver malware such as NetWire, DarkComet, and simple keyloggers with infrastructure overlaps that helped the researchers connect the dots to previously unattributed malicious activity.

ModifiedElephant’s activities have been traced to long-standing political tensions in India, which exploded on Jan. 1, 2018, when critics of the government clashed with pro-government supporters near Bhima Koregaon. Later in 2018, raids conducted by police led to several arrests and the seizure of computer systems, which revealed incriminating files that pointed to an alleged plot against Indian Prime Minister Narendra Modi.

Thanks to the public release of digital forensic investigation results by Arsenal Consulting and those detailed in SentinelLabs blog, the researchers allege that ModifiedElephant compromised the computers that were later seized, planting files that were used as evidence to justify the imprisonment of the defendants. Over a decade or more, the group targeted human rights activists, human rights defenders, academics, and lawyers across India with the objective of planting incriminating digital evidence — and they are still operating today.

The case has become part of a larger trend of private and commercial company’s copying government and nation-state methodologies, persistently looking to penetrate into politically involved individuals, said Gadi Naveh, cyber data scientist at Canonic. Naveh said although most of the tools described aren’t top grade, continuous fueling of the attack eventually gets the target and larger funding gets even better tools, as was implied by Amnesty International.

“We assume these tools and methods that move from nation-states to commercial organizations will keep answering the demand and available funds for getting data,” Naveh said. “The move of data to the cloud makes the top-tier actor act there, but as with RATs and keyloggers, we are seeing the same military-grade tools moving after the new data sources in the cloud.”

Daniel Almendros, cyber threat intelligence analyst at Digital Shadows, added that he and his team view ModifiedElephant as a fascinating, albeit dangerous actor. Almendros said ModifiedElephant has a wide range of tools in its arsenal that it uses to target a large number of victims. They use a blend of off-the- shelf tools (NetWire and DarkComet  RATs), paired with spearphishing emails related to the sensitive 2018 Bhima Koregaon affair.

“The phishing lures have improved in subtlety as well as boldness, they have shifted from fake double extension file names to commonly used Office filenames,” Almendros said. “In one instance, an assassination attempt story was added to provoke the user to click on the phishing lure. These emails were distributed to many different users. The group likely has a connection with Indian state espionage. Because most APT attention stems from China and Russia-based threats, ModifiedElephant was initially overlooked for years. In addition, the group’s specific targeting and use of commodity malware helped the group evade detection for a prolonged period.”

https://www.scmagazine.com/news/cloud/modifiedelephant-an-indian-apt-group-targeting-dissidents-operated-undetected-for-nearly-10-years

https://indianexpress.com/article/explained/explained-what-we-know-of-hacking-group-modifiedelephant-7770228/

Anti-terror laws in India keep being used against human rights defenders

January 28, 2022

On 26 January 2022 four major NGOs made a strong joint statement on India:

We, the undersigned civil society organizations, are deeply concerned about the ongoing harassment of 18 human rights defenders under the Unlawful Activities (Prevention) Act (UAPA) in reprisal for their advocacy work against the Citizenship (Amendment) Act (CAA) 2019. Thirteen of those arrested under the UAPA are currently in Rohini, Tihar, and Mandoli jails, New Delhi. We call for the immediate and unconditional release of all the human rights defenders arrested, and the dismissal of all charges against them.

The CAA has been widely criticized by activists, human rights defenders, civil society organizations, students and the international community for being openly sectarian and discriminatory against Muslims. After the CAA’s adoption, protesters across the country took the street to voice their concerns against the legislation, which goes against India’s Constitutional principles of secularism and equality. Police authorities responded by arresting human rights defenders and activists who spoke up against the CAA. Most of them were student activists and human rights defenders from the minority Muslim community.

The arrests of human rights defenders began in February 2020 and are still ongoing. Many of them had multiple First Information Reports (FIR) registered against them and were charged with serious offenses, including under UAPA. Of those arrested, only five human rights defenders – Natasha Narwal, Devangana Kalita, Safoora Zargar, Asif Iqbal Tanha, and Md. Faizan Khan – were released on bail. Thirteen others – Sharjeel Imam, Umar Khalid, Khalid Saifi, Tahir Hussain, Saleem Malik, Mohd. Saleem Khan, Meeran Haider, Shadab Ahmed, Tasleem Ahmed, Shifa Ur Rehman, Athar Khan, and women human rights defenders Ishrat Jahan and Gulfisha Fatima– remain in jail. Despite prolonged incarceration, the trial for their case has not commenced yet.

See also: https://humanrightsdefenders.blog/2020/06/01/eu-human-rights-committee-condemns-indias-arrest-of-human-rights-defenders/ and https://humanrightsdefenders.blog/2020/06/27/un-experts-address-3-big-ones-usa-china-and-india/

On 24 January 2022, a Delhi court framed charges against human rights defender Sharjeel Imam while rejecting his application for bail. The charges include Sections 124A (“sedition”), 153A (“promoting enmity between different groups on grounds of religion), 153B (“imputations, assertions prejudicial to national integration”), 505 (“statements conducing to public mischief”), along with Section 13 (“punishment for unlawful activities”) of the UAPA.

Khalid Saifi, Ishrat Jahan, and Gulfisha Fatima have reported custodial violence and torture by the Delhi police. There has been no effective investigations into these allegations or responsibility taken for their treatment. Shifa Ur Rehman, who has been in detention since 26 April 2020, suffers from severe kidney disease and has been denied access to adequate medical care in prison.

We express our deep concern over the harassment and arbitrary detention of human rights defenders that appear to be in retaliation to their peaceful activism and the legitimate expression of dissent against a discriminatory law. Despite the risks, human rights defenders have raised their voice for those oppressed by the CAA and in support of the Constitutional values that represent India.

We call on the Indian authorities to protect those defending human rights values and principles enshrined in national laws and to uphold international human rights commitments. We stand in solidarity with those who cannot speak out due to their incarceration, threats by Indian authorities, or due to a prevailing sense of fear. The treatment of these human rights defenders highlights a pattern of perpetrated abuse and violence, which is also exerted through legal mechanisms. This is especially concerning given India’s membership in the United Nations Human Rights Council and its pledge to preserve and protect human rights.

We urge the relevant authorities in India to:

1. Immediately and unconditionally release all human rights defenders arrested for protesting against the CAA, dismiss all charges, and cease all forms of harassment against them.
2. Guarantee under all circumstances that the arrested human rights defenders are not subjected to any form of torture and other ill-treatment while in police custody, and guarantee their access to adequate medical care and treatment.
3. Initiate a thorough judicial review of the Unlawful Activities (Prevention) Act and the Citizenship (Amendment) Act in genuine consultation with independent civil society organizations and human rights defenders, with a view to aligning these laws with India’s obligations under international human rights law.
4. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions—including police and judicial harassment.

Please inform us of any actions that may be taken with regard to the above case.

-FIDH
· Civicus:
· Front Line Defenders
· World Organisation Against Torture (OMCT)

https://www.fidh.org/en/region/asia/india/india-ongoing-targeting-of-18-human-rights-defenders-under-anti