A photo of human rights defender Nandini Sundar, one of those the Chhattisgarh Police had falsely charged for the murder of a man in Sukma district in 2016. | Nandini Sundar/Twitter
The National Human Rights Commission has ordered the Chhattisgarh government to compensate human rights defenders Rs 1 lakh each, for allegedly false cases filed against them. The commission had in February asked the Congress government in the state to comply within six weeks.
Human rights defenders Nandini Sundar, Archana Prasad, Manju Kawasi, Vineet Tiwari, Sanjay Parate and Mangla Ram Karma said that on November 5, 2016, the Chhattisgarh Police lodged first information reports against them under various sections of the Indian Penal Code, Arms Act and Unlawful Activities (Prevention) Act for the alleged murder of a person in Nama village of Sukma district. The Bharatiya Janata Party was in power at that time. “The case was supposedly filed on the written complaint of Shyamnath Baghel’s widow, Vimla Baghel,” they said in a press release. “However, she is on record saying she did not name anyone.” On November 15, 2016, the Supreme Court gave the individuals protection from arrest. However, they filed a fresh plea in the Supreme Court in 2018 as the matter had not yet been investigated or closed. The Congress-led Chhattisgarh government initiated a probe in the matter and in February 2019, concluded that the defenders were innocent.
In February this year, noting that the Chhattisgarh Police’s admission that there was no case to be made out against the signatories, the NHRC said that the individuals would have “certainly suffered a great mental pain and agony as a result of registration of false FIRs against them by the police”. “Therefore we recommend and direct the Government of Chhattisgarh through its Chief Secretary to pay a sum of Rs One Lakh each as monetary compensations to the six persons namely Prof Nandini Sundar, Ms. Archana Prasad, Shri Vineet Tiwari, Shri Sanjay Parate, Ms. Manju and Shri Mangla Ram Karma, whose human rights were gravely violated by the Chhattisgarh police,” the NHRC ruled.
The commission also directed the Chhattisgarh government to provide the same compensation to a group of lawyers from Telangana who were acquitted of all charges after being put in jail in Sukma for seven months. However, the six human rights defenders indicated that they had not yet received the compensation. “We welcome the NHRC order and hope that the Chhattisgarh government will act promptly to redress the reputational loss and mental agony suffered by us,” the press release said.
The signatories also said they hoped the police officers responsible for filing false charges against them, especially SRP Kalluri who was then the Bastar inspector general of police, will be investigated and prosecuted.
The defenders added: “To date, despite NHRC recommendations in 2008 and repeated Supreme Court directions, the Government of Chhattisgarh has not compensated the thousands of villagers whose homes were burnt by Salwa Judum or prosecuted those responsible for rapes and murders. Fake encounters and false arrests continue to be a grave concern in Chhattisgarh.”
Salwa Judum was a militia organised and mobilised by the government in Chhattisgarh to break the back of Maoist violence in the region. In July 2011, the Supreme Court declared Salwa Judum an illegal organisation, and ordered it to disband. However, the organisation continues to survive in the form of various vigilante groups operating in Chhattisgarh.
The signatories thanked the People’s Union of Civil Liberties for taking up all the cases of human rights defenders in Chhattisgarh, and said it was unfortunate that PUCL Secretary Sudha Bharadwaj had been arrested and imprisoned under “false charges” in the Elgar Parishad case.
Governments who were lauded for releasing prisoners in response to COVID-19outbreaks have in fact excluded human rights defenders from the measures and continue to make new arrests of activists, journalists and critics.
In a new briefing, “Daring to Stand up for Human Rights in a Pandemic”, which documents attacks on human rights defenders during the pandemic, the organization highlights the hypocrisy of governments including Egypt, India, Iran and Turkey, who have left prisoners of conscience to languish in appalling conditions despite widely publicized prisoner release programmes.
“COVID-19 has been an added punishment for human rights defenders who are unjustly imprisoned, and has also been used as a pretext for further harassment, prosecution and even killings,” said Lisa Maracani, Amnesty International’s Researcher on Human Rights Defenders. “The exclusion of human rights defenders from release measures underscores the political nature of their imprisonment. In Turkey for example, journalists, lawyers, activists and opposition politicians held in pre-trial detention on baseless charges remain behind bars despite government measures that have seen over 100,000 people released since April. It is plain to see that the Turkish government still fears criticism more than the pandemic.”
The new briefing documents attacks on human rights defenders during the COVID-19 period in 46 countries, and shows how “fake news” laws, movement restrictions, reduced police protection and heightened intolerance to criticism have led to new crackdowns around the world, including against whistle-blowers in the health sector and those highlighting inadequate responses to the pandemic.
Amnesty International has identified 131 people who speak up for human rights globally who have been harassed, prosecuted, killed or imprisoned on COVID-19-related pretexts – this figure is likely to be the tip of the iceberg.
On 25 March 2020, the UN High Commissioner for Human Rights urged all states to release “every person detained without sufficient legal basis, including political prisoners, and those detained for critical, dissenting views” in response to the COVID-19 pandemic. However, several countries excluded human rights defenders from decongestion measures in prisons and other places of detention. [see also: https://humanrightsdefenders.blog/2020/05/30/virutal-human-rights-council-adopts-presidents-statement-on-implications-of-covid-19/]
In India, for example, many students and activists who had participated in peaceful protests against India’s discriminatory citizenship law continue to be unjustly detained.
In Egypt, the government failed to release human rights defenders detained solely for expressing their views, as well as thousands of other pre-trial detainees, many of whom are facing overly vague “terrorism”- related charges amid concerns over breaches of due process.
In Turkey, decongestion measures have explicitly excluded those who are held in pre-trial detention, and those who are on remand for or have been convicted of offences under Turkey’s overly broad anti-terrorism laws. They include political and human rights activists, journalists, academics, and others who have spoken out against the government.
In Iran, authorities announced that they had temporarily released 85,000 prisoners but many human rights defenders continue to be held on politically motivated charges in appalling conditions.
They include Narges Mohammadi, a human rights defender who suffers from serious pre-existing health conditions and is showing suspected COVID-19 symptoms. The authorities continue to deny Narges Mohammadi health care in prison, and refuse to inform her of the results of a COVID-19 test taken on 8 July. Note that today (6 Augusrt 2020) th Voice of America reported: “in a written message sent to VOA Persian on Tuesday, Mohammadi’s husband, Taghi Rahmani, living in exile in Paris, said the dangerous phase of his wife’s illness had passed. Rahmani said his wife had been at risk of serious health complications if the illness had spread to her lungs, which already had been hobbled by a preexisting disease.”[https://www.voanews.com/middle-east/voa-news-iran/jailed-iranian-journalist-mohammadi-out-danger-coronavirus-husband-says]
Amid the crisis, Iranian authorities have also continued to arbitrarily arrest and imprison human rights defenders. In other countries where prisons are already severely overcrowded, governments have continued to arrest human rights defenders on trumped-up charges, exacerbating the problem and putting more people at risk. In Azerbaijan for example, the government has mounted a new wave of arrests and prosecutions of dozens of political activists, journalists and human rights defenders, often in response to their criticism of the government’s handling of the pandemic. Among those arrested are opposition activist Tofig Yagublu on bogus charges of hooliganism, and human rights defender Elchin Mammad, who was arrested on theft charges days after he published a report on the human rights situation in the country.
New arrests of human rights defenders have also been reported in Tunisia, Morocco, Niger, Zimbabwe and Angola, among others.
“International cooperation must also include pressuring governments to release people who are in prison simply for peacefully exercising their human rights, and who are now at serious risk of contracting COVID-19.” said AI/
In Honduras, the most serious recent incident includes the possible forced disappearance of five young men, four of whom are activists with the Black Fraternal Organisation of Honduras (OFRANEH). They were taken from their homes on 18 July by men wearing police uniforms and have not been seen since.
In Colombia, civil society organization INDEPAZ has reported 166 killings during the first six months of 2020. Among them was Carlota Isabel Salinas Pérez, a women’s rights activist killed outside her home in March. Carlota was a community leader and had been collecting foodstuffs for families in need on the day she was killed.
“Now more than ever, the work of human rights defenders is essential in fighting for equal access to healthcare, food and shelter, and informing the public about the virus and ways to protect themselves. Governments who exploit this crisis to attack human rights defenders should know they are being closely watched,” said Lisa Maracani. “It is vital that governments provide effective protection to human rights defenders and ensure they are safe from those attempting to exploit the pandemic and silence them.”
Asfreeas Jafri in Politics, of 14th July, 2020 wrote a fascinating opinion piece which I think deserves more attention. It is mostly about India but has wider implications: for ease of reference here the full text:
One complaint I often get from friends is that I say very “offensive” things online. My Facebook, Twitter, and Instagram, they accuse, are filled with the same sad and angry words against Islamophobia. Although despite my repetitive rants, they continue to ignore the agony of these words.
On July 10, 2020, the Turkish president announced that Hagia Sophia would be a mosque again.
Amongst other things, I am accused of being biased. Also, I am accused to be writing for a vested agenda. Usually, my Hindu friends make these allegations since I write a lot about the persecution of Indian Muslims. However, recently I noticed Muslim friends on social media making the same kind of accusations against those who expressed displeasure at the conversion of Hagia Sofia into a mosque.[ see also: https://humanrightsdefenders.blog/2020/07/06/the-unholy-wisdom-of-invoking-sovereignty/]
A few days back, some of them were irked after being questioned for running a homophobic WhySoProud trend on Twitter. This time the allegation against those Muslims who opposed this conversion is that they are doing this to please “Hindu liberals”.
Those who make these charges are undermining our agency and reason. It is insulting for me to think that what I and several other Muslims write, is not out of our individual agency and free will. When someone as outspoken as Umar Khalid is accused of doing that by several Muslims, I feel that we need to introspect.
The attackers are overlooking Umar’s incisive critique of Islamophobia in the Indian left. Muslims who are opposed to this are being called apologetic. I never pledged allegiance to the new sultan of Turkey. Not calling out Erdogan’s vile actions or political gimmicks does not fill any Muslims with a sense of vicarious guilt, at least in front of people we are allegedly supposed to be pleasing. But to say that those who dislike Erdogan are apologetic is quite irresponsible.
I will any day stand with someone like Umar Khalid who has been a constant ally in the fight against Islamophobia, rather than choosing a faraway ‘Sultan’ who is hardly bothered about the existence of Indian Muslims. It is people like Umar whose strong and sharp words have made young Muslims more unapologetic and bothered about their rights than their predecessors.
The other charge was against those liberals who wanted schools and hospitals on that disputed land, some congress leaders and “practising Hindu atheist” liberals like Dhruv Rathee who had strongly supported the Ayodhya verdict but are now opposed to Erdogan’s move. To many people’s shock, they had claimed that the Ayodhya verdict was respectable to all sides and that it will put a halt to the hate against Muslims. It did not halt. It actually increased.
I agree that this hypocrisy should be called out but when you also support either of the two majoritarian displays of power, are you not a hypocrite too? Also, what about those who have been vehemently opposed to the demolition and protested the SC verdict on Ayodhya? Do they have the right to comment on this?
Some found the comparison of Hagia Sofia with Babri Masjid as problematic. They said that it is not as bad in Turkey as it is in India. Umar rightly asks, ‘are we waiting for it to be that bad?’ Babri was illegally demolished and mobs killed hundreds. The history of these two events is different but what makes the comparison fair is how the Indian and Turkish governments and judiciary ignored the sentiment of the Muslim and Christian minorities. That the majoritarian will become the conscience of the state is starkly similar in both these cases.
As per media reports, Christians were blamed for spreading Coronavirus in Turkey. Consequently, some churches were attacked. The Christian community has faced mysterious disappearances and deaths, attacks and propaganda in recent years.
Turkey’s President Recep Tayyip Erdogan
Recently, a group of Erdogan backed lawyers published an article to “redo” what happened in Armenia. As somebody who often hears Hindutva extremists warning to repeat 2002, which they eventually did in North East Delhi earlier this year, I understand the consequences of these hateful words. The increasing murderous hate attacks on Kurds in Erdogan’s Turkey are known to everybody except those who deny the Armenian genocide.
Erdogan supporters see him as the emperor of the neo-Ottoman empire. The majority rallies behind his brand of Islamic nationalism. Through a constitutional referendum, he has vested immense new authority in himself. Institutions look timid. Rogue opposition is either tamed or jailed. Rivals have been pushed into a tunnel of silence.
The pandemic was used to target the feeble opposition while political prisoners languishing in jails were given no relief. Amnesty International observed that rivals have been targeted using anti-terror laws during the pandemic.
Apart from the political opposition, universities, intellectuals, writers and journalists have invited the severe wrath of the Sultan. Many “Anti-national” academics have lost their jobs in recent years. Many renowned Human rights defenders and lawyers are behind bars.
Ever since the failed coup, suspicion and divisions amongst the Turks has reached new heights. The recent losses in elections, a growing economic crisis and waning popularity of the ruling party are being seen as the reasons behind these desperate populist decisions.
Many wrote that the mosque was “bought” by the Ottomans centuries ago. I did not want to argue about that since copies of the receipt in modern digital font and scanned PDFs of the transaction are easily available on WhatsApp! Several individuals shared stories of Israel, Greece and Spain converting mosques into other structures. This was followed by “where were you then” and whataboutery. Ironically, if you are opposed to what the aforesaid nations did, then you should be opposed to what Turkey did as well.
At the same, I also acknowledge that the western media and academia in the post-cold war world villainised Islam and Muslims. The “Muslim victim” did not fit into the “war on terror” narrative pushed by the west.
The attack on Islam and Muslims did not receive the same kind of recognition or outrage, and was side-lined. Writers like Chomsky and Edward Said have noted the West’s white-washing of its crimes in that part of the world and its malicious contempt for Islam. This has increased anti-West hostility in that region.
A few months ago, I read a blog post while casually scrolling on social media. A young Erdogan critic made a very significant point which I think should be thought about more in the above-mentioned context. He said that as long as the western standards of Human rights will be limited to the people living on the American soil, as long as the west hates on ordinary refugees and working-class innocent Muslims, as long as the occupation and Persecution of Palestine are seen as Israel’s sovereign right, as long as people deny what the US did to ordinary Iraqis, people in the Middle East will continue to invest in defenders who eventually oppress.
In December, while protesting the CAA at Jantar Mantar, I spoke to the Wire and NDTV. That video went viral on social media. It was shared by hundreds of Muslims in Pakistan including actress Mehwish Hayat.
On that thread, many Pakistanis had expressed solidarity with Indian Muslims. I replied to one of the comments, “The best Pakistani Muslims can do in the interest of Indian Muslims is to set a good example for India’s Hindus by treating their minorities well.”
It angered a lot of people. They replied with “Thank you Jinnah” taunts. Many users made the same comments on Indian Muslim handles after the Delhi violence.
What were they actually mocking? They were mocking the fact that Indian Muslims refused to go to Pakistan to be a majority and instead chose to live as a minority in India. This also suggests that they believe minority persecution is natural and that Indian Muslims missed an opportunity to be a persecuting majority. The recent demolition of a Hindu religious structure in Islamabad or the post-Babri demolitions and attack on Hindu religious sites in Pakistan and Bangladesh describe majoritarian solidarity aptly.
On the recent Krishna temple debate, I saw an interesting thread on Twitter where a Pakistani Muslim was explaining it to a Pakistani Hindu that Temples are not essential to the faith20 of Hinduism while mosques are essential to the faith of Islam.
People demolishing the Babri Masjid.
In India, the judiciary applied the same principle to say that mosques are not necessary for prayers. This opens a door to another important debate: Are laws merely a manifestation of the majoritarian interpretation of morality and righteousness?
Even in the West, the so-called cradle of secularism, minorities face rampant discrimination and attacks. The recent murder of George Floyd in broad daylight attests to that. The need of the hour is strong debate around majoritarianism. It must gain global momentum.
As long as we are afraid of losing friends and being unpopular, such a debate is not possible. Right now, our only “agenda” is to rattle our people’s numbed conscience. We need to be courageous to be truthful. Sometimes, we have to offend those who like us when we offend others.
When violence becomes an everyday character of society, when irrationality overpowers reasons, when cruelty is seen defence, when injustice flows in a people’s vein, when malice rules their heads, oppression pleases their hearts and vulgarity embeds itself in their “proud” nation’s soul, writers are bound to protest, annoy, and be repetitive in what they write.
The admittedly Pakistan-based Geonet.tv gives a good summary of India’s disregard of concerns and objections in five letters by UN Human Rights Council (UNHRC) about human rights abuses in Jammu and Kashmir, India’s new terrorism law and the Citizenship law.
In the five letters, UNHRC experts raised pertinent questions and pointed out violations by Indian authorities of the resolutions by UN Security Council, General Assembly and UN Human Rights Council…
On July 4, 2020, United Nations Human Rights Council (UNHRC) made public 14 cases of worst possible human rights abuses in Jammu and Kashmir after the Indian government failed to respond to their concerns within the stipulated 60 days.
Four UNHRC Rapporteurs on torture, extrajudicial executions, minority issues and freedom of religion under HRC charter and mandate had written to Indian government on May 4th, 2020, to respond back on the 14 cases and countless other cases involving grave abuse of human rights in Kashmir after its annexation on Aug 5th, 2019. The UN Rapporteurs in the May 4th letter lamented that Indian government had not responded to their earlier letters on Aug 16, 2019, and February 27, 2020, on the atrocities in Kashmir. The two earlier letters questioned the restrictions in Kashmir on rights of expression and assembly and dissent following Indian annexation of Kashmir.
In another letter on May 6th, 2020, eight Rapporteurs of UNHRC and one Vice Chair of a Working Group raised serious concern on the new anti-Terrorism law passed by Indian parliament just before Indian annexation of Kashmir in July/Aug 2019. UNHRC questioned the detention of any accused for an extended period of six months under the new anti-terror law
In another letter on February 28th, 2020, eight Rapporteurs of UNHRC and one Vice Chair of a Working Group questioned the Indian Citizenship Act of December 2019 which discriminates against Muslims and bars them to get Indian citizenship whereas people from different religious beliefs who entered Indian before Dec 2014 are eligible for it. The letter also heavily criticise excessive use of force to quell protests against this Act which resulted in death of over 50 and injuries to hundreds.
In “Media oppression is a shifting landscape” by Sevanti Ninan (a media commentator and founder-editor of TheHoot.org) published on 29 June 2020 in the Indian Telegraph you wil find a good analysis of the problems of news gathering in the current situation. It is about India but the analysis would be valid for many countries.
Arms of the government see journalism (of all kinds) not as a useful source of feedback at a time when the population is in distress but as a nuisance to be squashed. Fake news is no longer seen only as an electronic menace but as reporting with malign intent, whether in Kashmir or elsewhere. Pexels
For some years now, the growing challenge to journalism has come from the increasing use of predictable laws (think of sedition and criminal defamation in the Indian Penal Code)….but media oppression is a shifting landscape. Tracking its changing features is just the first challenge. While the onset of Covid-19 has led to the government putting hitherto under-used laws to work, such as the Disaster Management Act and the Epidemic Diseases Act, these have been used in tandem with Sections of the IPC to criminalize reporting of the government’s response to the pandemic as well of the outcomes of its handling, such as the migrant exodus. Panicky administrations across the country have, so far, used no less than 14 Sections of the IPC and Sections of the IT Act (including the one that was struck down), the DMA, the Unlawful Activities (Prevention) Act, the Motor Vehicles Act and the provisions of Scheduled Castes and Tribes (Prevention of Atrocities) Act to issue showcause notices, lodge first information reports against reporters and arrest, confine and torture them.
If newsgathering is being criminalized in some parts of the country, it is being policed in Jammu and Kashmir… it has been gifted a 50-page media policy, which makes the government the arbiter of fake news and mandates background checks of media owners and editors if they are to receive government advertising. Charming! Who knows what will follow elsewhere in the country.
Overall then, a convergence of factors is at work. Arms of the government see journalism (of all kinds) not as a useful source of feedback at a time when the population is in distress but as a nuisance to be squashed. …
Electronically disseminated fake news, until now, was in the domain of technology. But when the charge is levelled at reporting on the ground in far-flung areas of the country, it enters the domain of physical fact-finding. Busting fake news with internet tools is one thing. Doing it for field reporting is quite another.…..
..What support structures can be put in place? The country has a Press Council, a Human Rights Commission and numerous courts. But it needs a growing network of human rights defenders, a galvanizing force created by an alliance of journalist organizations, concerned lawyers and civil society stalwarts to map a strategy for this canvas. The Press Council is selective in what it takes note of; one must also ask whether its censure changes anything on the ground.
So far, the response to a sustained assault on journalism has been statements issued by media bodies themselves. But journalists need allies at a time like this; solidarity within their own ranks is not enough to put pressure on the oppressors. Just as civil society has come together to keep alive a human rights campaign for the release of Gautam Navlakha, Sudha Bhardwaj and others in the Bhima Koregaon case, journalists, particularly the embattled, invisible ones the districts, now need ballast in their fight to keep up the pressure.
Precedents will be set if the misuse of laws goes unchallenged. District magistrates across states labelling reporting as fake news will be further emboldened without a pushback.
Joint statements by groups of UN experts are becoming more frequent, with at least three this month. When it comes to major powers like the USA, China and India – who are rather sensitive when criticised – there must be safety in numbers:
Addressing the USA after George Floyd..
On 5 June 2020 nearly 30 independent experts appointed by the UN Human Rights Council called for the United States to reform its criminal justice system in the wake of a recent spate of killings of African Americans, including at the hands of the police. In their statement they urged the US authorities to address systemic racism and racial bias, and to conduct independent investigations into cases of excessive use of force by police officers.
The UN human rights experts charged that these killings involved impunity, disregard or depravity toward human life, and the use of public spaces to assert racial control, with each characteristic of a modern-day lynching. “The latest videos to surface showing white men chase, corner, and execute a young man who was out jogging, or showing an officer kneeling with his weight on a man’s neck for eight minutes shock the conscience and evoke the very terror that the lynching regime in the United States was intended to inspire”, they said.
With millions of Americans taking to the streets, the experts also expressed concern about police response to these protests. They said demonstrations have been marked by violence, arbitrary arrest, militarisation and the detention of thousands of protesters. Journalists of colour have also been targeted and detained, some of whom have faced violence and harassment.
UN Experts Urge India To Release Protest Leaders
On 26 June 2020 13 UN experts jointly called on India to immediately release human rights defenders who have been arrested for protesting against changes to the nation’s citizenship laws. “These defenders, many of them students, appear to have been arrested simply because they exercised their right to denounce and protest against the CAA (Citizenship Amendment Act), and their arrest seems clearly designed to send a chilling message to India’s vibrant civil society that criticism of government policies will not be tolerated,” the experts said.
“Authorities should immediately release all human rights defenders who are currently being held in pre-trial detention without sufficient evidence, often simply on the basis of speeches they made criticising the discriminatory nature of the CAA,” they said. (Meeran Haider, Gulfisha Fatima, Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, Natasha Narwal, Khalid Saifi, Shifa Ur Rehman, Dr. Kafeel Khan, Sharjeel Imam, Akhil Gogoi.)
The experts also highlighted their concern that the authorities’ response to the protests seemed discriminatory. It appears they have not similarly investigated allegations of incitement to hatred and violence made by CAA supporters, some of whom are reported to have chanted “shoot the traitors” at counter-rallies.
UN experts call for decisive measures to protect ‘fundamental freedoms’ in China
On 26 June 2020 almost 50 UN independent experts on Friday to express their continuing alarm, urging the country to “abide by its international legal obligations”.
After having “repeatedly communicated” their concerns, they highlighted the repression of protests and democracy advocacy in the Hong Kong; impunity for excessive use of force by police; the alleged use of chemical agents against protesters; the alleged sexual harassment and assault of women protesters in police stations; together with the alleged harassment of health care workers.
The experts also raised their “grave concerns” on issues ranging from the collective repression of specific communities – “especially religious and ethnic minorities, in Xinjiang and Tibet” – to the detention of lawyers and prosecution – in addition to disappearances – of human rights defenders across the country. .
They urged China to invite civil and political rights monitors to conduct independent missions “in an environment of confidentiality, respect for human rights defenders, and full avoidance of reprisals” and encouraged the UN Human Rights Council (HRC) to urgently monitor Chinese human rights practices.
A multi-year investigation by Citizen Lab has unearthed a hack-for-hire group from India that targeted journalists, advocacy groups, government officials, hedge funds, and human rights defenders.
Jay Jay – a freelance technology writer – posted an article in Teiss on 9 June 2020 stating that Citizen Lab revealed in a blog post published Tuesday that the hack-for-hire group’s identity was established after the security firm investigated a custom URL shortener that the group used to shorten the URLs of phishing websites prior to targeting specific individuals and organisations. Citizen Lab has named the group as “Dark Basin“.
“Over the course of our multi-year investigation, we found that Dark Basin likely conducted commercial espionage on behalf of their clients against opponents involved in high profile public events, criminal cases, financial transactions, news stories, and advocacy,” the firm said.
It added that the hack-for-hire group targeted thousands of individuals and organisations in six continents, including senior politicians, government prosecutors, CEOs, journalists, and human rights defenders, and is linked to BellTroX InfoTech Services, an India-based technology company.
….The range of targets, that included two clusters of advocacy organisations in the United States working on climate change and net neutrality, made it clear to Citizen Lab that Dark Basin was not state-sponsored but was a hack-for-hire operation.
…As further proof of Dark Basin’s links with BellTroX, researchers found that several BellTroX employees boasted capabilities like email penetration, exploitation, conducting cyber intelligence operations, pinging phones, and corporate espionage on LinkedIn. BellTroX’s LinkedIn pages also received endorsements from individuals working in various fields of corporate intelligence and private investigation, including private investigators with prior roles in the FBI, police, military, and other branches of government.
The list of organisations targeted by Dark Basin over the past few years includes Rockefeller Family Fund, Greenpeace, Conservation Law Foundation, Union of Concerned Scientists, Oil Change International, Center for International Environmental Law, Climate Investigations Center, Public Citizen, and 350.org. The hack-for-hire group also targeted several environmentalists and individuals involved in the #ExxonKnew campaign that wanted Exxon to face trial for hiding facts about climate change for decades.
A separate investigation into Dark Basin by NortonLifeLock Labs, which they named “Mercenary.Amanda”, revealed that the hack-for-hire group executed persistent credential spearphishing against a variety of targets in several industries around the globe going back to at least 2013…
Maria Arena is the chairperson of the Subcommittee of Human Rights of the European Parliament member of Socialist and Democrats parliamentary group. Photo: Reporter
20 May 2020 the chairperson of the Subcommittee of Human Rights of the European Parliament sent a letter to Indian Home Minister Amit Shah, condemning the arrest of human rights defenders under the Unlawful Activities (Prevention) Act.
In her letter, Maria Arena said the European body has been closely following the arrests of human rights defenders Anand Teltumbde and Gautam Navlakha by the National Investigative Agency in India.
Academic and Dalit author Teltumbde and human rights defender Navlakha had surrendered to the police last month after exhausting their possible legal remedies.
Nine other defenders have been in jail since 2018 in the Bhima Koregaon case, where the charges relate to caste violence around an Ambedkarite event and an alleged Maoist plot to foment armed revolution and possibly assassinate Prime Minister Narendra Modi.
In 2018, the United Nations’ Office of the High Commissioner for Human Rights had issued a statement against terror charges being invoked against the activists.
“It is particularly alarming to note that human rights defenders cannot conduct advocacy activities, notably in favor of India’s poorest and most marginalised communities, without becoming subject to intimidation and harassment,” Arena said in her letter.
“Equally worrying is the fact that terrorism charges, including under the Unlawful Activities Prevention Act (UAPA) have been used to silence them,” she noted pointing out that by United Nations Special Procedures, this clearly represents a violation of international human rights standards.
“This is notably the case for human rights activists such as Safoora Zargar, Gulfisha Fatima, Khalid Saifi, Meeran Haider, Shifa-Ur-Rehman, Dr Kafeel Khan, Asif Iqbal and Sharjeel Imam, who were recently arrested by the police,” the letter noted.
Against this background, there are also increased fears that the legislation might confer discretionary powers upon state agencies. India, she said, should do much more to ensure a safe and conducive environment for civil society working in the country and consider enacting a law on the protection and promotion of human rights defenders.
In a similar vein, ProtectDefenders on May 26 2020 reports “Increasing attacks against human rights defenders in India and Guatemala”. …..
Over the past month, ProtectDefenders.eu has received a considerable and growing number of reports regarding attacks, threats, and alerts affecting human rights defenders in India. This information alerts to the numerous acts of police and judicial harassment in the repression of legitimate activities in favor of human rights. Among other incidents, police harassment and arbitrary detention of human rights defenders were reported in Manipur State, in relation to statements made to criticise the management of the current COVID-19 pandemic by local authorities.
Moreover, the Paris-based International Federation for Human Rights has written to Prime Minister Narendra Modi and home minister Amit Shah terming the detentions of several Indian human rights activists ‘arbitrary’. It says the activists have been arrested for “their participation in peaceful protests against the Citizenship Amendment Act 2019 (CAA)” in the last few months.
The letter highlights the cases of Devangana Kalita and Natasha Narwal, student activists who have been associated with the anti-CAA protests in Delhi and were arrested recently by the Delhi police.
Defending the right to housing for vulnerable communities, exposing corruption and torture, speaking up against injustice, raising their voices for the rights of indigenous peoples or of minorities, upholding miners’ rights, peacefully demonstrating against discrimination or for access to clean water. All are legitimate ways to affirm our common rights. And yet, such activities have led many human rights defenders around the world to prison. During the COVID-19 pandemic, detention may come with serious risks. Like other inmates, defenders face overcrowding and poor sanitary conditions, with basic protective measures a distant dream. Worse, they may be denied access to health care as a form of punishment. These brave people are among the most exposed to contracting the virus, and among the least likely to receive proper treatment.
Following UN High Commissioner for Human Rights Michelle Bachelet’s call to governments to “release every person detained without sufficient legal basis, including political prisoners, and those detained for critical, dissenting views” to prevent catastrophic rates of COVID-19 infection, OMCT launched in May 2020 a global campaign calling for the release of all human rights defenders detained worldwide, including those in pre-trial detention.
Human Rights Defenders work to ensure journalists are free to keep us informed about how our governments are responding to the pandemic and about the effects of quarantine measures; they denounce the abuse of power and police violence that can result from the state of emergency; they champion the needs of discriminated communities; they call on States to protect our housing and labour rights as jobs disappear; they demand that women’s sexual and reproductive rights not be neglected as healthcare systems focus on the virus. In short, human rights defenders make sure no one is left behind.
…..Let’s bring this solidarity to all the arbitrarily detained human rights defenders whose lives are at risk. Join our campaign and ask for their release using #FacesOfHope. They need us. And we need them too.
India remains a country with growing problems in the area of human rights where many different issues come to the fore at the same time. Here a sample of recent writings:
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….. Kashmir is not the only instance of this by India last year.
Millions of Assam people are faced with statelessness since July when they were effectively removed from the National Register of Citizens. To add to this, the Citizenship Amendment Act (CAA), which has been criticised for its exclusion of Muslims, has sparked nation-wide protests since December. Taking a look back, India has made major moves to repress Muslims, free media and journalists, and vulnerable minorities, who live in fear of what the new year will bring….
Shutdowns are a frequent tactic of the Modi government when they wish to suppress dissent and access to communications. Software Freedom Law Centre in India, who tracks internet shutdowns, reported that India had 106 internet shutdowns in 2019, some of which took place in December in response to the anti-CAA protests. The Citizenship Amendment Act amended Indian Citizenship laws which prohibited citizenship to illegal migrants, now allowing for members of certain religious minority groups from neighbouring countries to obtain citizenship by naturalisation. It creates an easier pathway for people from Hindu, Sikh, Buddhist, Jain, Parsi and Christian minorities from Pakistan, Afghanistan or Bangladesh to obtain citizenship, only having to live or work in India for six years. as opposed to ten as it was previously. The main criticism of this amendment is that it bases citizenship on faith, and is exclusionary to Muslim minorities. …..[see also: https://humanrightsdefenders.blog/2020/03/05/indias-overblown-notion-of-sovereignty-no-to-un-advice-for-supreme-court/]
Activists have voiced concerns over this, as it is another move which discriminates against the 32 million Muslim residents in Assam, many of which poorer Bengali residents and tribespeople. Many Bengali Muslims are believed to have entered Assam after the Bangladesh War of 1971, and therefore lack proper documentation, and are now being asked to prove their citizenship from before this, similar to the UK Windrush Scandal. Residents who are not on the NRC can appeal in Foreigners Tribunals, but this is an exhaustive and expensive process, and if unsuccessful it raises human rights concerns over statelessness which will strip people of their rights, or mistreatment in detention centres…
Each of these events have not taken place in isolation, but been a succession of acts intended to reshape secular India into Modi’s Hindu nationalist vision. However, due to the BJP’s strong majority in Parliament and a willingness to ignore the Supreme Court, the situation seems unlikely to change in the coming year. Nonetheless, activists continue to raise awareness of the ongoing human rights abuses in India, such as Human Rights Watch’s 652-page world report for 2020, which seek to keep India’s human rights violations in the public domain..
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Government responses to the COVID-19 pandemic have heightened the dangers to human rights across the world. In this podcast by Front Line Defenders, four human-rights defenders active in various parts of India share the challenges and concerns they have confronted since the start of the country-wide lockdown. The four are Gayatri Kandhadai, the Asia policy coordinator at the Association for Progressive Communications; Anindya Hajra, from the Pratyay Gender Trust in Kolkata; Sadam Hanjabam, from Ya All, an LGBT organisation in Manipur; and a human-rights defender in Kashmir who asked to remain anonymous for reasons of security.
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Condemning the Modi government’s “misuse” of the Unlawful Activities (Prevention) Act (UAPA) during the Covid-19 crisis, more than 60 human rights activists, student leaders and academics, in a solidarity statement, have said that the recent arrests of human rights defenders across India have been taking place in order to save the “real culprits” involved in inciting communal and caste disturbances in the recent past. UAPA is being invoked, alleges the statement, to “engineer the attempt to save indictable people affiliated to the right-wing ruling party like Kapil Mishra, Anurag Thakur, Parvesh Verma, Sambhaji Bhide and Milind Ekbote, who are still at large”, the statement says, adding, “We firmly believe that the extremely draconian and regressive amended UAPA law has been strategically put in place to exterminate both dissent and dissidents during the lockdown.” For the text and signatories Click here.
—-But then there is the positive development that an independent judiciary can still stand up to the government as shown in the Supreme Court’s decision of 26 April 2020 in favour of victims of abuse in conflict. Four international human rights organisations and the Office of the United Nations High Commissioner for Human Rights (OHCHR) have welcomed the Supreme Court’s decision to reject a government petition to review its landmark verdict on transitional justice. The decision is an important step towards securing truth, justice and reparations for thousands of victims of the decade-long Maoist insurgency, they said. Following the decision, the government now needs to revise the existing transitional justice law as per the court’s order ensuring justice to the victims of conflict-era abuses, said Amnesty International, TRIAL International, International Commission of Jurists and Human Rights Watch, in a statement on 1 May 2020, In a separate statement Rupert Colville, spokesperson for OHCHR, said the court’s decision reconfirms that the only way for the government to credibly proceed with the transitional justice process is to abide by key human rights and transitional justice principles reflected in the 2015 court ruling, including the centrality of victims and the importance of accountability for serious violations. “Victims’ advocacy groups and civil society members have welcomed the court’s decision, and so do we,” he said. The four human rights organisations said the court has made it clear that there can be no further excuse for the government to backslide on ensuring truth, justice, reparations and guarantees of non-recurrence.
Hans Thoolen on Human Rights Defenders and their awards 