Re: Judicial harassment of human rights defender Kirity Roy

Justice K. G. Balkrishnan,

Chief Justice of India,

Supreme Court,

Tilak Marg,

New Delhi -1,

India

2 October 2008

Re: Judicial harassment of human rights defender Kirity Roy

for organising the People's Tribunal on Torture

Dear Chief Justice Balkrishnan,

Front Line is seriously concerned about the judicial harassment of

Kirity Roy, the former president of MASUM, a non-governmental organisation which works in defence of the rights of marginalised and minority groups in Maharashtra State, India. On 27 September 2008, police entered the offices of MASUM searching for Kirity Roy and affidavits from the People's Tribunal on Torture (PTT), which is organised by the National Project on Preventing Torture in India (NPPTI).
On 27 September 2008, at approximately 4pm, a police team comprising of three plain-clothes agents from the Kolkata Police Department entered the office of MASUM. The agents were looking for Kirity Roy who was absent from the office at that time. Consequently, the police team served a notice requesting that MASUM present documents to the police department.

The documents relate to three reported victims of police torture who had sworn affidavits for the People's Tribunal on Torture (PTT) organised by the National Project on Preventing Torture in India (NPPTI). The NPPTI provides the framework for the PTT which aims to identify and bring about justice in cases of police torture. The PTTs were held around India between 2 April and 13 August 2008, and will be followed by a national PTT in Delhi in October.

On 9 June 2008 the Kolkata Police had initiated a case against Kirity Roy, the then president of MASUM and others for organising the People's Tribunal on Torture. On 12 June the police raided the office of MASUM, searching it for several hours. They seized a number of documents from the office. On 18 September 2008, MASUM had filed a Writ Petition (25022(W)/ 2008 Kirity Roy VS State of West Bengal & others) before the Honorable High Court, Kolkata, challenging the authority of the police, the Commissioner of Police of Kolkata and the State of West Bengal to institute the case against Kirity Roy.

Front Line believes that Kirity Roy and MASUM have been targeted as a result of their legitimate work in defence of human rights in particular their work to expose police torture. Front Line expresses its concern for the physical and psychological integrity of Kirity Roy and other members of MASUM.

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Front Line urges the authorities in India to:

1. Drop the complaint filed against Kirity Roy as he has been targeted solely as a result of his

work in defence of torture victims in India;

2. Take all necessary measures to guarantee the physical and psychological security and

integrity of Kirity Roy and all members of MASUM and their families;

3. Guarantee that 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 judicial

harassment.

Front Line respectfully reminds you that the United Nations Declaration on the Right and

Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally

Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN

General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights

defenders, their right to freedom of association and to carry out their activities without fear of

reprisals. We would particularly draw attention to Article 6 (c): "

Everyone has the right, individually
and in association with others: (c) To study, discuss, form and hold opinions on the observance,

both in law and in practice, of all human rights and fundamental freedoms and, through these and

other appropriate means, to draw public attention to those matters"

, and to Article 12 (2): "The
State shall take all necessary measures to ensure the protection by the competent authorities of

everyone, individually and in association with others, against any violence, threats, retaliation, de

facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of

his or her legitimate exercise of the rights referred to in the present Declaration.

"
Yours sincerely,

Mary Lawlor

Director

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--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : kirityroy@gmail. com
Web: www.masum.org. in