Dear Mr. N K Illangakoon,

SRI LANKA: Girl student of Ambakotte Tamil Vidayalaya in Kandy was severely beaten by the principle and forced to return to school against her will

Name of the victim: Ms. Chandramohan Denusha of No: 01/B, Ambakotte, Kengalle in the Kandy District
Alleged perpetrator: The principle of the Ambakotte Tamil Vidyalaya school in Kandy
Date of incident: January 2012
Place of incident: Ambakotte Tamil Vidyalaya

I am writing to express my serious concern over the case of Ms. Chandramohan Denusha of No: 01/B, Ambakotte, Kengalle in the Kandy District. Denusha is a student at Ambakotte Tamil Vidyalaya. She is twelve years old and studying in grade 8 of the school. Denusha’s father has been in remand prison for the last six years without trial; she has a younger sister and her mother, M Dayamani, has no regular income.

Ambakotte Tamil Vidyalaya is a mixed school and there are 469 children. It offers classes up to General Certificate of Examination, Ordinary Level and employs 29 teachers.

According to Denusha the teachers, especially Mr. Sudakaran, the discipline master who is also the vice principal, punishes the children by beating them brutally. He does this is in blatant violation of Sri Lankan law which prohibiting corporal punishment in schools, remand centres and prisons. The principal of the school, Mr. S Rajendran also beats the children mercilessly almost every day. One of the students, S Kavitha, a student of Grade 8 who was severely beaten in the first week of January 2012 left the school because of the continuous beatings.

In January 2012, Denusha was severely beaten by the principle and as a result her left arm became swollen. When her mother questioned the principal he gave her oil balm, ‘Wintogeno’ as a treatment to apply. When Denusha refused to go to school the principal sent two masters to their house and they forcefully took her. If they did not receive the tacit approval of Denusha’s mother this is tantamount to kidnapping and it is believed that they did this in order to avoid any possible legal problems.

Denusha who is a very intelligent student, scored 132 at the year 5 scholarship exam and she fears that if she complains about the brutality of her teachers she will have to leave the school like Kavitha because the principal and the teachers would take revenge. This in itself is a common occurrence is Sri Lankan schools where the principals and teachers rule almost without control.

Her mother M Dayamani is even scared to go to the police as the police officers of Theldeniya have taken revenge from her husband by remanding him and delaying his trial which is a violation of his rights. Therefore she appeals for justice for her daughter.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torture by the perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

Dear Ms. Loretta Ann Rosales,

PHILIPPINES: Protect journalist facing threats to his life

Name of journalist facing threats: Ronald Allan Mascardo, editor and publisher of a local newspaper Dadiangas Balita in General Santos City.
Details about his threats: He received threats via his mobile after he made a speech against those involved in the murder of another journalist, Chris Guarin. Guarin was murdered in front of his wife and daughter on January 5, 2012.

I am writing to express my deep concern regarding the threats to the life of Ronald Allan Mascardo, whose details are mentioned above. I am aware that the threats on Mascardo came after he openly criticized those involved in the murder of Chris Guarin.

Guarin, publisher and editor-in-chief of a daily community newspaper Tatak News, was earlier shot dead at 10pm on January 5, 2012 in the same city. During Guarin’s burial ceremony on January 15, Mascardo criticized those who allegedly ‘masterminded’ his murder. In his speech he was reported to have said:

“It deeply hurts. What do they think about us journalists? Don’t we have family, wives, children? Only because of the personal business interest of the others, of their interest to earn a living, they kill people to feed their family?” A day after, he received threatening messages from sender +63946 4823367 on his phone: “GIHAGIT MO ANG NAGPATAY KAY CHRIS GUARIN IKAW ANG SUNOD” (You are daring the killers of Chris Guarin. You will be next).

We are deeply concerned that Mascardo is now being targeted because of his criticism against those involved in the murder of Guarin. However, we see this not solely as an attack on Mascardo’s exercise of free speech as an individual and as a journalist, but also openly challenged the police establishment and the local government of General Santos.

We therefore urged you to ensure that investigation on who had made threats on him is adequately investigated upon. As you are aware, it is the primary responsibility of the police to ensure the security and safety of Mascardo, his family and those working for him, knowing full well of the threats on him. While we appreciate the police provision of security escorts on him, however, we have reservations as to how police escort operates.

Thus, we urge that adequate resources must be allocated to ensure the safety of Mascardo and that of his family. Also, we urge you to ensure that effective and adequate investigation in determining those who are responsible in the murder of Guarin is also conducted. We are of the opinion that those who made threat on Mascardo could also have responsibility into the pre-meditated murder of Guarin.

We trust that you take action in this matter promptly.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

Dear Mr. Asif Ali Zardari,

PAKISTAN: Kindly initiate the inquiry against killing of a human rights defender, working on fishermen rights, by the land grabbers

Name of victim(s):
Mr. Imam Din S/O Haji Ali Nawaz; aged around 36 years,
Mr. Muhammad Hashim S/O Abdul Hameed; aged 17 years,
Mr. Ghulam Abbas S/O Ali Khan; aged 20 years,
Mr. Ali Muhammad S/O Muhammad Suleman; aged 48 years
(All the victims are residents of Bangri Amed Shah Waali, Wapda Colony, P.O. Tehsil Piplan, District Mianwali Punjab, Pakistan.)

Names of alleged perpetrators:
Mr. Amir Khan S/O Haji Shafaullah Khan,
Mr. Nadir Khan S/O Haji Shafaullah Khan,
Mr. Yasir Khan S/O Haji Shafaullah Khan,
Mr. Ahsan Sardar, Mr. Bahawal,
Mr. Muhammad Riaz,
Mr. Jamal Din,
Mr. Muhammad Nawaz,
Mr. Muhammad Hussain
(All are residents of Chashma Village, Dsitt Mianwali, Punjab, Pakistan.)

Date of incident: 4th December 2011.

Place of incident: Malikhel Village, Kundiyan, District Mianwali, Punjab, Pakistan.

I am writing to voice my deep concern regarding the murder of a fisher folk activist and human right defender by the land grabbers and the displacement of indigenous fishermen community from their ancestors’ land.

According to the information I received Imam Din‘s family is one of the other families who had to leave their lands to secure their livelihood. In 1972, they migrated from district Sanghar, Sindh to Kudiyan, Punjab and started working with a contractor named Haji Shafaullah Khan Niazi to catch fish on Chashma to earn their bread and butter.

It is known that Imam Din was a kind and brave man having a good reputation amongst the villagers, one who always stood against the unlawful decisions of the contractor. He had a great affiliation with Pakistan Fisherfolk Forum. On raising his voice against those malpractices, the contractor, his nephew and mobsters started their bitter hostility towards him. They eventually expelled Imam Din from the village along with his entire family.

Imam Din forced to migrate and started living in Paharpur District D. I. Khan near Chashma Barrage. He bought 32 acres of land near his living place and started farming to feed his family. Though he was apart from them his association with the poor fishermen never weakened, he continued to support them. The culprits started harassing Imam Din to leave his piece of land, which he bought and threatening him in an effort to hinder his actions against their unlawful practices, but failed.

Then, on December 4, 2011 a group of thirty armed men broke into Imam Din’s village (Malikhel) and started firing for almost an hour. Ultimately the contractor Haji Shafaullah Khan Niazi, his three sons Amir Khan Niazi, Nadir Khan Niazi, Yasir Khan Niazi, his nephew Kaleemullah along with the armed men attacked Imam Din and his family. They targeted Imam Din and three of his family members, Muhammad Hashim S/O Abdul Hameed, Ghulam Abbas S/O Ali Khan & Ali Muhammad S/O Muhammad Suleman. They killed Imam Din and after confirmation of his death, they fired into the air in jubilation and told everyone that the main obstacle was taken care off. Imam Din’s death was an example for others so that no one would raise their voice against their brutality.

I therefore, urge you to initiate an inquiry into the killing of a human right defender and a fisher folk activist. I urge you to arrest the perpetrators and prosecute the local police for their negligence in taking prompt action against the powerful people. The deceased’s family should be compensated and provided by life and livelihood security. The Contract system should be eradicated from other part of the country as well in order to impede such injustice with fishing community and to ensure their sustainable livelihood. The displaced indigenous fishermen must be rehabilitated to their original places with the provision of all basic facilities of their livelihood.

Yours sincerely,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Dear President of Indonesia,

INDONESIA: Authorities refuse to treat political prisoner with tumour

Name of victim: Kimanus Wenda
Names of alleged perpetrators: Staff of Nabire prison
Date of incident: 2010-now
Place of incident: Nabire prison, Nabire, Papua

I am writing to voice my deep concern regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison.

According to the information received from the Asian Human Rights Commission, on 4 April 2003, at around 1am local time, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory and eight perpetrators were arrested, namely Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo.

I also know that on 15 January 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.

I learnt that since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He called the health staff at Nabire prison, but received no serious response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda’s sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda’s operation. I am aware that this violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.

I wish to point out that on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.

Based on the information stated above, I urge you to promptly pay the medical fees necessary for Mr. Wenda’s proper treatment, in accordance with government obligations to do so. I also urge you to look into all the allegations in this case and to take appropriate action against those found responsible, and prevent any future recurrence.

Yours sincerely,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

INDIA: Kindly investigate the case of torture committed by the BSF at Tarali BSF border outpost

Name of victims: Mr. Tabibar Molla, son of late Sahajaddin Molla, aged about 38 years, residing at Tarali village, under the jurisdiction of Swarupnagar, North 24 Parganas district, West Bengal state, India
Names of alleged perpetrators: BSF officers on duty on 13 December 2011 at about 1pm at the Border Security Force Outpost number three under the jurisdiction of Tarali BSF border outpost situated near Tarali FP school road crossing, including one officer having his name plate reading ‘Prem Singh’
Date of incident: 13 December 2011
Place of incident: BSF Outpost number three under the jurisdiction of Tarali BSF border outpost situated near Tarali FP school road crossing, North 24 Parganas district, West Bengal

I am writing to express concern regarding yet another incident of torture reported by the BSF from the Indo-Bangladesh border in West Bengal state, India.

The incident reportedly happened on 13 December 2011 at about 1pm. Four BSF officers stationed at outpost number three, under the jurisdiction of Tarali border outpost near Tarali FP school road crossing stopped Molla while he was on his way to his farm. The officers accused Molla of pelting stones on the previous night and prevented him from leaving. Molla protested and claimed that the accusation is wrong.

I am informed that the officers however refused to agree. They then detained Molla and started assaulting him with wooden baton and with rifle butts. Molla suffered serious injuries on his head, ears, legs and on his backside in the incident. The injuries caused blunt marks from trauma on Molla.

It is reported that at that time Molla shouted for help. Some persons in the locality heard Molla’s cry for help and arrived at the scene. They helped Molla to be rescued from the BSF officers. They helped Molla to be taken to a medical practitioner on the same day. It is alleged that the BSF officers also shouted filth at Molla in Hindi, while they assaulted him.

It is alleged that Molla has lodged a written complaint against the BSF officers at the office of the Sub-Divisional Police Officer, Basirhat, on 16 December 2011. It is alleged that the officer did not take any action till date despite receiving the complaint.

I am informed that Molla alleges that persons namely Mr. Bapi Mondal, Mr. Ainuddin Sardar and Ms Hamida Bibi were witnesses of the incident. Molla also claims that it is these people who rescued him from the BSF. Molla has narrated this in his complaint to the Sub-Divisional Police Officer. Molla has also provided to the officer adequate identification details of the BSF officers who allegedly assaulted him. Molla has identified one officer having a nametag bearing the name ‘Prem Singh’.

I am concerned about the repeated incidents of torture and other forms of violence committed by the BSF in India, in particular by those officers stationed along the Indo-Bangladesh border. This case is unfortunately yet another example. I am informed that the AHRC and MASUM together have reported about 800 cases of custodial violence committed by the BSF during the past eight years. All these cases with narrative details of the incident and that of the persons involved in the incident have been transmitted to the authorities in India calling for actions. I am also informed that the BSF enjoys absolute impunity in India, a fact reiterated by the lack of criminal as well as disciplinary actions against the officers involved in criminal cases thus far brought to your information. I am informed that at the very minimum, a statutory requirement of investigating a complaint and recording the statements of the victim/s as well as the witness/s is not usually complied by the Indian authorities, despite the fact that each case involves a clear breach of law, often punishable under the Indian Penal Code, 1860. I hope the fate of this complaint too will not be the same.

The Border Security Act, 1968 and its Rules 1969, regulates the conduct of the BSF. According to Section 28 (a) of the Act, any person unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation … shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned. Section 40 of the Act provides that any person subject to the act who is guilty of any act or omission which, though not specified in the 2004 Act, is prejudicial to good order and discipline of the force shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. Section 41 (f) of the Act mandates that a BSF officer who commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving to be punished with seven years of imprisonment.

The Indian Penal Code, 1860 provides punishment for voluntarily causing hurt or injuries to a person. Section 326 of the Code prescribes punishment by way of imprisonment for a term of ten years to a person who voluntarily causes hurt by dangerous weapons or means. Section 357 mandates one year imprisonment for a person who attempts to wrongfully confine a person. Section 307 mandates punishment for a term of ten years for a person who attempts to murder another person. In addition, Article 21 of the Constitution guarantees protection of life and personal liberty of every citizen.

The Supreme Court of India in Shivprasad Pandey v Central Bureau of Investigation, New Delhi, reported in 2003 All India Reporter 1974 and in The Commandant, 68 BN BSF Gakulankar v Shri Arjundas reported in 2006 (7) Supplement Supreme Court Reporter p. 251 has criticized the BSF for the torture committed by them and has convicted officers found guilty of the offence.

Had the BSF been operating in compliance with the Border Security Force Act, 1968 and its Rules 1969, such incidents would not have happened. It shows that discipline and commitment to duty is not ensured within the rank and file in the force. Violence by the BSF against unarmed civilians and other forms of corruption and crimes committed by the BSF with impunity is a threat to the border security of the nation. Such a BSF is a threat to the entire country.

I therefore request you:

1. That the complaints of torture in this case be investigated by an independent agency;
2. That the statements of the witnesses to the incident recorded immediately by a judicial officer;
3. The alleged officers placed on immediate suspension and their case immediately referred to the BSF court or to a civilian court;
4. Should the case be adjudicated by a BSF court, the victim and the witnesses adequately represented in such proceedings by a lawyer of their choice;
5. That victim and the witnesses in the case provided immediate protection;
6. The entire investigation supervised by a judicial officer and the victim or a member of their family is informed about the progress of the investigation;
7. The union government pay an interim compensation to the victim pending the final disposal of their complaints by a court of law.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

Dear Mr. N K Illangakoon,

SRI LANKA: Officers of the Thalathuoya Police Station beat and filed a fabricated charge against a soldier who rescued his friend from their assault

Name of the victim: Mr. Mr. L. M. Jagath Kuamara
Alleged perpetrators:
Police officers attached to the Thalathuoya Police Station
Date of incident: 23 December 2010
Place of incident: in the Private Bus at Thalathuoya

I am writing to express my serious concern over the case of Mr. L.M Jagath Kuamara (22).
Kumara is a soldier attached to the Vavuniya Army Camp. On 23 December 2010, while on vacation he went to have his hair cut at Thalathuoya town. When he was returning home with a friend by the name of Ruwan Chamara (24) from Thalathuoya in a private bus suddenly the conductor approached Chamara and tried to forced them forward so that the bus could take on more passengers. However, Chamara refused as the bus was already full. There then followed an exchange of words between them. Without cause the conductor started to assault Chamara and Kumara intervened to protect Chamara. The conductor then started to assault Kumara as well.

A few police constables in civilian clothes were travelling in the bus and these officers also started to assault Kumara and kicked him on the chest. Later these men officers identified themselves as officers attached to the Thalathuoya Police Station. Kumara and Chamara alighted from the bus when it stopped close to their houses and returned home. Three days after this incident Jagath Kumara went back to the Vavuniya Army Camp and reported for duty.

After almost two months later on 6 February 2011, some police officers attached to the Thalathuoya Police Station came to Kumara’s house in search of him, and since there was nobody at his house, the police officers left a message with his mother, W Kalyani, asking for Kumara’s details. His mother was asked to report the details to Constable of Police (PC) Mettananda of the Thalathuoya Police Station on the 10 of February 2011.

His mother W Kalyani went to the police along with some friends on 7, 8 and 9 February and asked as to why they were searching for her son but received no information.

On the 10 February a team of police officers came to Kumara’s house and entered by force searching for Kumara, however, only Kumara’s father, mother and the wives of his brothers were at home. The police officers scolded them in filthy language and demanded details of their husbands, Kumara’s brothers who were also serving in the Army. They also demanded their marriage certificates. Then two police officers by the name of Gunatilake, a sergeant and Kalpage threatened Kumara’s parents that they would be killed if Kumara was not produced. Since then the police officers came at night on several occasions and knocked at the door repeatedly almost damaging it.

On the 12 February Kumara’s mother Kalyani went to the Thalatuoya Police Station along with a lawyer but the Officer-in-Charge (OIC) refused to meet them. When the lawyer questioned Sargent Gunatilaka, he said that if details of Kumara were not given he would “Break the bones of the whole family and would kill them,” and this was said in front of the Lawyer, Ananda Hearath. When the lawyer asked to make a complaint he was refused and the police officer, Kalpage, said they would provide the case number later.

Once again they went to the police on the 13 February to meet the OIC and Kalyani was asked to return at 1.00pm. She decided to stay at the police station until that time. Meanwhile Assistant Superintendent of Police (ASP) Mohottige arrived at the police station and Kalyani went to him and told him of the harassment that she and her family had faced. Then the ASP questioned another police officer, Ranasinghe and the OIC regarding the incidents. Ranasinghe without giving any reason for the search told the ASP that the whole family would be killed if they did not cooperate and provide Kumara’s details.

Incredibly, despite the fact that this officer told his superior that he would willfully commit a criminal act the ASP did not take any action to reprimand him or make any record of his threat.

When Kalyani went to meet the Lawyer on the 14, the lawyer asked Kalyani to make a complaint at the Human Rights Commission (HRC), which they did. Later in the day the police officers gave the lawyer details about the case no B/15303 in which they stated that they have filed a case against Kumara. Further they stated that the case is supposed to be called on 21 February 2011.

On the 21 Kalyani and her family members went to the Magistrate’s Court of Kandy and waited for the case to be called. However, there was no case with that number and the court officers asked them to return on the 1 March 2011. Once again they went again on the 1 March but no case was called of that number or any case against Kumara.

On 24 March, a police officer sent a note asking Kalyani to meet Sgt Rodrigo and when Kalyani met him on the 26 March 2011, he recorded a statement from her. Despite the fact that she was never allowed to read the statement of have it read to her she was forced to sign it which she did out of fear.

On the complaint made by Kalyani, the HRC regional office in Kandy notified both parties on several occasions but the police officers never turned up. Further the police officers have found the details of the Army camp where Kumara is on duty and have informed the Army officers that Jagath Kumara molested a girl in the bus and they have witnesses to prove the assault. Kumara vehemently denies the charge. Kumara states that police officers have filed this case in vengeance for opposing the officers in the bus when they assaulting his friend Chamara.

The mother of Kumara, Kalyani fears that Jagath Kumara would be arrested at anytime and she and the family members would be killed as the Thalathuoya Police officers are repeatedly threatening them.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torture and filing fabricated chargers by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

Dear President of Indonesia,

INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

Name of victims: Melianus Wantik, Edo Doga, Markus Walilo, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel, and Saulus Logo
Names of alleged perpetrators: Seven commanding officers of the Kurulu military sub-district command (danramil Kurulu)
Date of incident: 2 November 2011
Place of incident: Umpagalo village, Kurulu sub-district, Jayawijaya, Papua

I am writing to voice my deep concern regarding the arbitrary arrest and torture conducted by seven officers of the Kurulu military sub-district command (danramil Kurulu) against 12 civilians at Umpagalo village, between 11pm to 3am.

I have learnt that a Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).

I wish to point out that after the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies.

The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.

I also learnt that the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases, I have noted that military trials, which are not open to the public, only sentence the perpetrators to a light punishment, such as transfer, which is inadequate given the seriousness of the human rights violations committed.

Therefore, I urge TNI jointly with Komnas HAM to send an independent investigation team to transparently resolve this case, including ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians.
Yours sincerely,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

January 26, 2012

Mr. Mahmoud Ahmadinejad,

President

the Presidency, Palestine Avenue, Azerbaijan Intersection,

Tehran, Islamic Republic of Iran,

Fax: + 98 21 649 5880.

E-Mail: dr-ahmadinejad@president.ir

Re: Iran: Summons of Dr. Mohammad Maleki to serve a one-year prison term
Dear Mr. Mahmoud Ahmadinejad,

I have been informed by Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), regarding the following situation in Iran.

New information:

I hav been informed by the Iranian League for the Defence of Human Rights (LDDHI) of the summons of Dr. Mohammad Maleki to serve a one-year prison term.

According to the information received, on January 23, 2012, Dr. Mohammad Maleki, founding member of the Iranian Association for the Defence of Liberty and Human Rights (IADLHR)[1], was summoned to Evin prison to serve a one-year prison term (See background information) and was given three days to go to prison. He stands a high risk of arrest at any time.

I condemn the judicial harassment of Dr. Mohammad Maleki since it seems to merely aim at sanctioning his human rights activities and expresses its deep concern about the ongoing attempts to hinder the peaceful activities of human rights defenders in Iran.

Background information:

Dr. Maleki spent five years in prison from July 1981 to August 1986 as a result of his strong objection to the closure of universities. He was also arrested on March 12, 2001 and spent more than six months in solitary confinement without trial.

On August 22, 2009, Dr. Mohammad Maleki was again arrested after the presidential election for having boycotted the 2009 presidential election and protesting the post-election abuses and spent more than six months in detention in Evin prison before being released on bail in March 2010. He was then accused of contacts with opposition groups. During his detention, he was hospitalised several times owing to a heart attack and other physical problems including prostate cancer. He was also reportedly denied access to an adequate treatment[2].

His trial, which was initially scheduled at Branch 28 of the Islamic Revolution Court for July 27, 2011, was then re-scheduled to July 30, 2011 due to the refusal of the accused to attend the trial[3]. Dr Maleki then attended the court, but refused to defend himself and said he would not appeal the sentence, because he considered the court of first instance to be illegal. He had initially faced the charge of “moharebeh” (fighting God), “insulting the founder of the Islamic Republic Ayatollah Khomeini and Ayatollah Khamanei” (the incumbent leader) but was finally sentenced on the charge of “propaganda against the system.”

In September 2011, he wrote a brief report to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on the tortures he had suffered during his prison terms and was subsequently interrogated and received a notice banning him from travelling abroad.

Actions requested:

i.        Please guarantee in all circumstances the physical and psychological integrity of Dr. Mohammad Maleki as well as that of all human rights defenders and their families in Iran;

ii.        Put an end to any kind of harassment – including at the judicial level – against Dr. Mohammad Maleki and more generally against all human rights defenders in Iran.

iii.       I urge you to conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

-       its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”;

-       its article 5.b, which states that “everyone has the right, individually and in association with others, at the national and international levels, (…) to form, join and participate in non-governmental organizations, associations or groups”;

-       its article 12.2 which provides that “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”;

iv. More generally    ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Iran.

Thank you for taking into consideration our concerns and recommendations.

Sincerely yours,

William Nicholas Gomes

William’s Desk

wwww.williamgomes.org

Cc:

·       Leader of the Islamic Republic, His Excellency Ayatollah Sayed Ali Khamenei, The Office of the Supreme Leader, Shahid Keshvardoost St., Jomhuri Eslami Ave., Tehran, Islamic Republic of Iran, Faxes: + 98 21 649, + 98 21 649 / 21 774 2228, E-Mail: info_leader@leader.ir

·       Head of the Judiciary, His Excellency Ayatollah Sadeq Larijani, Ministry of Justice, c/o Public relations Office, Number 4, 2 Azizi Street, Vali Asr Ave., above Pasteur Street intersection, Tehran, Islamic Republic of Iran, Fax: +98 21 879 6671 / +98 21 3 311 6567, Email: Irjpr@iranjudiciary.com / bia.judi@yahoo.com / info@dadgostary-tehran.ir

·       Minister of Foreign Affairs, Ministry of Foreign Affairs, Sheikh Abdolmajid Keshk-e Mesri Av, Tehran, Islamic Republic of Iran, Fax: +98-21-66743149, Email: matbuat@mfa.gov

·       H.E. Mr. Seyed Mohammad Reza Sajjadi, Ambassador, Permanent Mission of the Islamic Republic of Iran, Chemin du Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax: +41 22 7330203, Email: mission.iran@ties.itu.int

·       Embassy of Iran in Brussels, 15 a avenue Franklin Roosevelt, 1050 Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email: iran-embassy@yahoo.com

January 24, 2012

H.E. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister Council of Ministers Phnom Penh, Kingdom of Cambodia

Via facsimile: +855 23 360-666

Re: Borei Keila forced eviction and arbitrary detention of 22 women and 6 children

Dear Prime Minister,

I, the undersigned, write to you to express our very serious concerns regarding the forced eviction of the Borei Keila community in Phnom Penh and the arbitrary detention on January 11, 2012, of 22 women and six children while peacefully protesting their eviction. Police and Daun Penh district security guards conducted the arrests on January 11 in front of the Phnom Penh Municipality building where protesters had gathered to demand a halt to the evictions and the release of fellow protesters arrested on January 3.

Prior to these arrests, on January 3, workers from the Phan Imex company destroyed the homes of around 300 families living in Borei Keila. State security forces that were present used tear gas and rubber bullets against the residents, and both sides threw rocks, sticks, and bottles. More than 64 people were reportedly injured. The authorities arrested at least eight of the residents, one of whom was released on bail on January 18 while seven remain in detention. These eight residents, including two children, have all been charged under both article 218 (“intentional acts of violence with aggravating circumstances”) and article 504 (“obstruction of public officials with aggravating circumstances”) of the Cambodian penal code.

Borei Keila has been the home to a large poor urban community for many years. The Cambodian government designated the area as a “social land concession” in 2003, sharing land with Phan Imex, which promised to build housing for the poor. However, it has been reported that the Phan Imex owner wrote to you in April 2010 requesting permission to be relieved of the obligation to build two of the ten buildings promised for the community. Many of the 300 families have been protesting against the company and local authority since then.

The authorities have relocated most of those evicted on January 3 to two remote resettlement sites, Tuol Sambo, on the outskirts of Phnom Penh, and Srah Po, also known as Phnom Bat, in Kandal province. Many are now living in makeshift tents, without access to electricity, sanitation or clean drinking water, schools, and employment opportunities. At least 30 families with people living with HIV/AIDS are among those evicted. The precarious situation facing these homeless families reflects a serious failure by the Cambodian government to fulfill its international legal obligations to respect the right to an adequate standard of living, including adequate housing, as recognized under the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Cambodia has ratified.

As a state party to the ICESCR, Cambodia is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction. Evictions may only occur in accordance with the law and in conformity with international standards, including genuine consultation with those affected, adequate notice and information on the proposed eviction, and provisions of legal remedies for those affected. Evictions may only occur if they do not render individuals homeless or vulnerable to the violation of other human rights.

In 2009, the Committee on Economic, Social and Cultural Rights, the United Nations body charged with monitoring the implementation of the ICESCR, expressed its serious concerns at the increasing scale of forced evictions in Cambodia and made the following recommendation:

The Committee strongly recommends that the State party, as a matter of priority, undertake open, participatory and meaningful consultations with affected residents and communities prior to implementing development and urban renewal projects and to ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation that complies with the guidelines adopted by the Committee in its general comment No. 7 (1997) on forced evictions and guarantee that relocation sites are provided with basic services including drinking water, electricity, washing and sanitation, as well as adequate facilities including schools, health care centres and transportation at the time the resettlement takes place.

The 22 women and six children arrested during a peaceful protest on January 11 were arbitrarily detained at Prey Speu Social Affairs Center in Phnom Penh without access to their families, legal counsel, and medical care. In the past, Prey Speu has been used by the authorities to arbitrarily detain homeless people, drug users, and sex workers rounded up from the streets. Detainees there have been subjected to abuses including suspicious deaths, rape, torture, and beatings. Several of the women detainees told us that Phan Imex representatives had sought to intimidate them and told them that they would only be released if they agreed to sign or thumbprint documents to accept land in Tuol Sambo or Srah Po. Three women were released on January 16 and another woman on January 17, all after agreeing to sign a contract to accept land in Srah Po. On January 18, the remaining women and children climbed the fences around the center and escaped from Prey Speu during a visit to the facility by two opposition parliamentarians and the media.

I respectfully call on the Cambodian government to:

 cease and refrain from all forms of intimidation, including arbitrary detention, against those forcibly evicted from the Borei Keila community;
 initiate a full and independent investigation into the arrest of the 22 women and six children on January 11 and their subsequent arbitrary detention at Prey Speu Social Affairs Center;
 release the seven Borei Keila residents still detained since the January 3 incident, pending further investigation;
 ensure that Phan Imex company is held to its original undertaking to build housing for all persons evicted from the Borei Keila community;
 ensure that all those forcibly evicted are provided with adequate compensation and suitable alternative accommodation that meets international standards for adequate housing;
 initiate a full and independent investigation into the Borei Keila forced eviction, examining why the eviction took place, the apparent use of excessive force by security forces, and the use of prolonged detention to coerce “agreement” to forced relocation;
 ensure that all members of the security forces found responsible for using or ordering the excessive use of force are held accountable in fair proceedings; and
 end all forced evictions and introduce a moratorium on mass evictions in Cambodia until a legal framework and relevant policies are in place to ensure that evictions are conducted only in accordance with Cambodia’s international human rights obligations.

I have been monitoring the human rights situation in Cambodia for many years and have witnessed the tragic loss of homes and livelihoods of countless Cambodians, and the enormous social costs of forced evictions. As the chair of the Association of Southeast Asian Nations (ASEAN) for 2012, Cambodia should abide by its legal obligation to promote and protect human rights and fundamental freedoms under the ASEAN Charter and end the practice of forced evictions that is a blot on the country’s reputation internationally.

When the ASEAN Secretary-General Dr. Surin Pitsuwan visited Cambodia in December last year, King Norodom Sihamoni advised him that “beyond achieving material progress, it is important to develop a peaceful and sustainable region.” Failure to fully address forced evictions and related widespread human rights abuses not only violates Cambodia’s international obligations, it also risks undermining social stability and economic development.

Thank you for taking into consideration our concerns and recommendations.

Sincerely yours,

William Nicholas Gomes

William’s Desk

wwww.williamgomes.org

Cc:
H.E. Hor Namhong, Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation
H.E. Sar Kheng, Deputy Prime Minister and Minister of Interior
H.E. Ith Sam Heng, Ministry of Social Affairs, Veteran and Youth Rehabilitation
H.E. Om Yentieng, President, Cambodian Human Rights Committee, and current Chair, ASEAN Inter-Government Commission on Human Rights (AICHR)

Dear Mr. N K Illangakoon,

SRI LANKA: An innocent youth persecuted for over six years by the Teldeniya police

Name of the victim: Mr. Muttiah Chandra Mohan (36) of No: 01/B, Ambakotte, Kengalle in the Kandy District
Alleged perpetrator: Police officers attached to the Teldeniya and TID Colombo
Date of incident: 6 April 2008
Place of incident: Terrorist Investigation Department

I am writing to express my serious concern over the case of Mr. Muttiah Chandra Mohan (36). Chandra Mohan is a driver by profession, married and the father of two daughters. He resides with his family at No: 01/B, Ambakotte, Kengalle in the Kandy District.

During July 2006, there was a clash between the policemen from the Teldeniya Police Station and a youth of Ambakotte. At that time the policemen came to the village in plain clothes and beat several young people indiscriminately. As the officers were in plain clothes and did not identify themselves as police officers the young men retaliated and beat them in return. Chandra Mohan was arrested along with some others in this connection and was remanded for 8 months at Bogambara Remand Prison. He was later released on bail and the case is still proceeding (after six years) in the Kandy Magistrate’s Court. As a condition of bail Chandra Mohan was ordered by the court to report to the Teldeniya Police Station on every first Sunday of the month.

On the 6 April 2008, when he was returning from the Teldeniya Police, (after reporting) Chandra Mohan was arrested by the Colombo Terrorist Investigation Department (TID) officers at his house at Ambakotte. He was detained at Gurudeniya in a house for 4 days. He was handcuffed and during the day he was blindfolded. Chandra Mohan was inhumanly tortured during those four days. He was kicked, hung, stripped naked and beaten and later taken to the Colombo TID office where he was detained for 10 months. From the TID office he was transferred to Boossa, where the terrorist suspects are detained without having been charged. He was detained there until October 2009.

Chandra Mohan was finally produced in the Magistrate’s Court of Colombo on the 10 October, 2009 and was remanded in Colombo Remand Prison (CRP) as a terror suspect under Remand No. 5820. His case No: is B/3122 EER 25/2011.

Since 2008 Chandra Mohan has never been given the reason for his arrest. In January 2012 the Attorney General’s Department filled an indictment accusing him of participating in terrorist activities. His High Court case will be called at the Kandy High Court.

Chandra Mohan and his family feel that it is a revenge taken by the police for the incident that happened in 2006 at Ambakotte that he was arrested again tortured and accused.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

Dear Mr. N K Illangakoon,

SRI LANKA: An innocent man is illegally arrested, tortured and laid with a false charge by the Wattala Police

Name of the victim: Mr. Narahenpita Gamage Sisil Weerasinghe(48) is resides at No: 212/1, Woodland Estate, Colombo Road, Chilaw
Alleged perpetrator:
1. Police officer Mr. Mahinda attached to the Police Station of Wattala
2. Two other police officers attached to the Police Station of Wattala
Date of incident: 30 December 2011
Place of incident: Wattala Police Station

I am writing to express my serious concern over the case of Mr. Narahenpita Gamage Sisil Weerasinghe (48). Sisil is married, the father of two daughters and a retired soldier. Sisil, who resides at No: 212/1, Woodland Estate, Colombo Road, Chilaw is disabled as the result of injuries to the right leg and hand in a battle during July 1992. Following his partial recovery Sisil was removed from operational duties and given light duties. He retired from the service in 2007 and later worked as a private security guard attached to the Peoples Bank.

On 30 December 2011, he was working at the People’s Bank branch at the Headquarters of Island Revenue Department at Fort, Colombo. On this particular day after completing his work he was on his way home by bus. Then as he felt a stomachache he informed the conductor and asked him to stop the bus. He alighted from the bus and went to a nearby for toilet after which he waited for another bus to continue to his home.

While he was waiting a red colour three-wheeler came and stopped in front of him. Then the persons who were in police uniforms asked him what he was waiting at the roadside for at that time (by this time it was close to 10 pm). Then Sisil explained what had happened to him and told the officers that he is waiting for a bus. The police officers accused him of planning to commit to a house breaking. Sisil explained to them that he was a former soldier of the Sri Lanka Army, that he was disabled and presently working at the Peoples Bank Security Section at the Island Revenue Department Branch. However, the officers did not accept his explanation, accused him of arguing with them and started to beat him with fists and boots. The officers then dragged him into the three-wheeler and brought him to the Wattala Police Station.

At the police station again three police officers including a police officer who was later identified as Mr. Mahinda started to beat him with a cricket bat. Another officer beat him with a plastic pipe that had been filled with sand. Sisil was assaulted all over his body and pleaded with the officers not to beat him. He repeatedly explained that he was a disable soldier but the officers did not listen. Even after Sisil fell to the ground the officers continued to beat Sisil mercilessly. Later they locked him in a cell.

As Sisil was suffering immense pain he pleaded with the officers to provide medicine. They then took him out from the cell and brought him before a doctor. Before he was brought into the doctor two officers held his arms while another officer forcefully poured liquor into his mouth. Sisil tried to resist but the officers forced him. Then he was brought before the doctor. Then Sisil explained to the doctor in the presence of the perpetrators how he was tortured in police custody. He further told the doctor that due to the assault one of his hands was fractured and that he was experiencing enormous pain. However, to his amazement the doctor ignore him and did not provide any treatment or medicine.

Later Sisil was returned to the police station and put back in the cell. When he started to screaming with pain one of the officers gave him two tablets but he did not know what it was.

Later in the morning on 31 Sisil was asked to sign a document but he refused. He further explained that he cannot read without his spectacles. The officers told him that if he signed and pleaded guilty at court he could go home and get treatment. He then signed the document and was brought to the Wattala Magistrate’s Court. The police officers who tortured him were present in the court and they stood close to Sisil while he was produced before the Magistrate. Sisil did as he was instructed and pleaded guilty. He later learned that he had been charged with indecent behaviour due to being inebriated. He was then fined Rs. 1,500/=. Sisil vehemently denies the accusation and states that as he was in severe pain and in fear of further torture by the perpetrators who never once left his side. He therefore states that he had no option but to plead guilty to the charge.

Sisil went home and received treatment from a doctor. Though the doctor provided medicine by 2 January, 2012 Sisil’s condition worsened. He was admitted to the Chilaw Base Hospital for treatment by his family members. While he was treated at the hospital the doctors revealed to him that there is a fracture in his hand. The Judicial Medical Officer (JMO) examined him and recorded his situation. The officers attached to the Police Post of the Hospital also recorded his statement. On 4 January he was discharged but he was asked to return to the clinic for further treatment.

Sisil states that he was illegally arrested, detained, severely tortured and maliciously prosecuted. He states that his fundamental rights were violated by the police officers attached to the Wattala Police Station.

After he was discharge from the hospital Sisil complained to the Human Rights Commission, Inspector General of Police, Attorney General, the Director of Special Investigation Unit (SIU) of the Criminal Investigation Department (CID) of Police, Senior Superintendent of Police of the Western Province (North) and the Officer-in-Charge (OIC) of the Wattala Police Station. To-date none of these authorities have responded to him nor investigated his complaint.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

January 19, 2012

Mrs. Sheikh Hasina

Prime Minister

Government of the People’s Republic of Bangladesh

Office of the Prime Minister

Tejgaon, Dhaka

BANGLADESH

Fax: +880 2 811 3244 / 3243 / 1015 / 1490

Tel: +880 2 882 816 079 / 988 8677

E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

Re: Border Security Force continues war on people of Bangladesh in Indo -Bangla border

Dear Mrs.Sheikh Hasina ,

I am writing to express my concern regarding a Bangladeshi citizen brutally tortured by Indian Border Security Force (BSF).

Asian Human Rights Commission (AHRC) and its partner organisation, the Banglar Manabadhikar Suraksha Mancha (MASUM), have been documenting and reporting cases of extreme forms of brutality committed by the Border Security Force (BSF) stationed along the Indo-Bangladesh border in West Bengal state.

Since the past eight years, MASUM is reporting directly and through international human rights organisations like the AHRC, cases against the BSF to the Indian authorities. So far MASUM has reported about 800 cases. These are cases of torture and other forms of custodial violence, rape, murder, extortion and corruption. The AHRC is not aware of any open and credible action taken against any of the officers mentioned in these cases, though every possible detail has been provided to the authorities.
According to the latest information received is a video of extreme torture by the BSF of a civilian that reportedly happened on 16 January 2012. The video shows blood-chilling torture, committed by the BSF. The incident is a shame and the brutality documented alarming, suggesting that the officers require psychiatric assistance, a condition that challenges their very legitimacy to guard the country’s border.

When the video was aired yesterday through local television channels in West Bengal, the administration has taken ‘action’. This is the suspension of eight BSF officers and the transferring of the District Magistrate (DM) and the Superintendent of Police (SP) of Murshidabad district.
International human rights watchdog Asian human rights commission shared in the statement that the official defensive statement by the BSF, that the video could be as old as 15 years, is nothing but irresponsibility in print. The security agency that is mandated to protect the country’s border should have the minimum knowledge, that mobile telephones with a camera, now though common, was exceptionally rare 15 years ago. The BSF does not have a case that their officers exposed in the video are serving in the same outpost for the past 15 years. If the video is not of an incident that happened on 16 January, then on what reason was the officers stationed at Charmurasi border outpost suspended?

AHRC also disclosed  that the video shows officers, identifiable in person, violating every code of their operative mandate, in some of the most brutal and inhuman manner. It shows the alarming wilt of discipline among the officers. Any agency, having such sick officers posted on duty has serious reasons to consider overhauling its operative structure to ensure basic discipline. In the BSF however, such actions are unlikely to happen. At the most the case would end, probably after a decade, with some punitive actions taken against the officers who are now placed under suspension.

In the statement AHRC also mentioned that the DM and the SP, of Murshidabad should have known that such incidents are common. They cannot content otherwise, since the MASUM and the AHRC together have sent these officers some 800 cases during the past eight years. These two officers have the legal responsibility to answer for what is in the video since had their office been diligent enough such incidents would not have repeated. In a case reported by the AHRC and MASUM on 19 October 2012, the victim in the case was stoned to death by the BSF. The incident happened within the jurisdiction of Raninagar Police Station. No action has been taken on this case so far. The details of the case are available at AHRC-UAC-210-2011.
AHRC mentioned that the Inspector General (IG) of the BSF is also responsible for the incident since the IG’s office is bound by ‘command responsibility’. In the same vein, the Inspector-General commanding the South Bengal Frontier unit of the BSF and the Commandant and under whom the officers involved in the incident served are also to be punished. Command responsibility is no legal fiction. It is legal norm, which applies in this case without exception.

AHRC shared that most importantly the question that needs to be answered now is that what allows the BSF to perpetuate such horrendous forms of violence against unarmed civilians? Had the BSF been operating in compliance with the Border Security Force Act, 1968 and its Rules 1969, such incidents would not have happened. It shows that discipline and commitment to duty is not ensured within the rank and file in the force. Violence by the BSF against unarmed civilians and other forms of corruption and crimes committed by the BSF with impunity is a threat to the border security of the nation. Such a BSF is a threat to the entire country.

If experience were of any value, one need to see whether, at least in this occasion there would be a transparent investigation and adjudication. If national security is of any interest to the government, it should prove it by taking actions in all cases reported to the government, of crimes committed by the BSF. The AHRC is willing to once again submit to the Government of India a dossier containing details of the cases documented by the AHRC involving the BSF.

Dear Prime Minister, It is not an isolated issue of Brutal torture by neighboring country’s Border Security Force. Indo-Bangladesh became ground of human rights violations in the form of physical, psychological, and sexual abuse, including torture, reports of rape.

Bangladesh is not in war with India or there is no visible enmity between two friendly countries. I want to remind you hold a constitutional position and you also have the responsibility to secure the life of the citizens’ home or aboard.

I request you please publicly discuss with Indian government of the requirements for the treatment of detainees under international human rights law, in particular the U.N. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (the Convention Against Torture).

I condemn your government’s continuous failure to address the continuous the life and property of Bangladeshi citizens from the Indian BSF.

Please ask the Indian government to stop war on the peaceful Bangladeshi citizen and take proper action against the forces and bring them under law.

I urge you, ask the Indian government to form a special commission inquire the cases of torture, rape and other forms of human rights violations on Bangladeshi citizens of last 3 years and bring the perpetrators under law and insist the Indian government to give proper compensation to the Bangladeshi victims of torture, rape and other sorts of human rights violations, who were victimize by the BSF and other forces in Indo Bangla border.

I suggest you in terms of information’s of different human rights violations on Bangladeshi citizens in Indo Bangla border the prominent Indian human rights organization Banglar Manabadhikar Suraksha Mancha (MASUM) would be a natural and credible source of information.

I will again urge you take the proper initiative to secure the life and property of Bangladeshi citizens in Indo Bangla border.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

January 19, 2012

Hon. Loretta Ann P. Rosales,

Chairperson,

Commission on Human Rights,

SAAC Bldg., UP Complex,

Commonwealth Avenue, Diliman, Quezon City,

Philippines.

Fax: +632 929 0102.

Email: chair.rosales.chr@gmail.com , mtm_rodulfo@yahoo.com;

Re: Arrest and judicial harassment of Mr. Temogen Sahipa Tulawie

Dear Chairperson Commission on Human Rights,

I have been informed by the Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH).  I request your urgent intervention in the following situation in The Philippines.

According to the information received, on January 13, 2012, at about 11:45 in the evening, Mr. Temogen Sahipa Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Regional Intelligence Group from Region 11 based in Davao City. He was then taken to Talomo police station for police blotter and to Davao Regional Hospital for medical check-up, before being taken to Camp Catitipan, Davao City, at the office of the Intelligence division for proper documentation. He was subsequently brought to Davao City Police Office in Camp Domingo Leonor, Davao City.

Mr. Tulawie is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed on July 22, 2009 (See background information).

On January 16, 2012, Mr. Tulawie was presented to the Regional Trial Court (RTC) of Davao City, where a letter from the Executive and Presiding Judge of Jolo, Sulu RTC Branch 3 (Judge Betlee-Ian Barraquias) to the Executive Judge of Davao City was read, ordering the transfer of Mr. Tulawie back to Jolo within 48 hours, in contravention to a Supreme Court Order dated June 13, 2011 and granting the motion he filed for transfer of venue to the RTC of Davao City (See background information).

On January 17, 2012 in the afternoon, Mr. Tulawie was flown by the law enforcers to Zamboanga City and detained at the Criminal Investigation and Detection Group (CIDG)-Region 9. On the same day, the Office of the Court Administrator (Supreme Court) sent an order for immediate action stating that “said order of Judge Barraquias is contrary to the Resolution dated June 13, 2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order. As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated 13 June 2011 of the Third Division of the Supreme Court cannot be implemented”.

As of issuing this Urgent Appeal, Mr. Tulawie remained detained at Davao City Police Office in Camp Domingo Leonor.

Background information:

Mr. Tulawie is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed on July 22, 2009. The charges relate to a bombing incident that happened in the municipality of Patikul, Sulu, on May 13, 2009, wounding twelve persons, including Governor Abdusakur Tan of the province of Sulu. The evidence and warrant of arrest against him was based on forced confessions of two of the accused which they later recanted[1].

Mr. Tulawie was forced to hide due to fears that he would not be accorded a fair trial.

However, at the time of his arrest, he was planning to voluntarily give himself and face the charges against him after the Supreme Court, on June 13, 2011, granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City. He argued that there were reasons to believe that he would not be afforded with impartiality if his case was to be tried in the RTC of Jolo. In its decision, the Supreme Court considered that “there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses” and that “there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.

Actions requested:

I urge you to  guarantee, in all circumstances, the physical and psychological integrity of Mr. Temogen Sahipa Tulawie as well as of all human rights defenders in The Philippines;

Please take proper  initiative to  release Mr. Temogen Sahipa Tulawie immediately and unconditionally since his detention is arbitrary as it seems to only aim at sanctioning his human rights activities;

I also urge to put an end to all acts of harassment, including at the judicial level, against Mr. Temogen Sahipa Tulawie as well as against all human rights defenders in the Philippines, and ensure in all circumstances that they are able to carry out their work without hindrances;

Please suggest the government to comply with all the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”,

its Article 6.a, which states that “everyone has the right individually and in association with others to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”,

Article 12.1, which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”,

and its Article 12.2 which provides that “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.”

Please guide the government to guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by the Philippines.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

The Honourable Shanthi Eva Wanasundara
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA

Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

Dear Ms. Wanasundara,

SRI LANKA: Do not protect an accused charged before a court of law — An open letter to the Attorney General

I have learned from  Asian Human Rights Commission  of your decision  to take over the prosecution of a Private Plaint filed in the Magistrate’s Court of Panadura, without the consent of the Complainant of the said case, upon an application and representations made by and on behalf of the Accused who is a Superintendent of Police. The case bears No. 92368 (Private Plaint)

The decision of the Attorney General was communicated to Court by the Senior State Counsel who appeared in Court on December 15, 2011, in the case referred to.

The accused in this case is Lesly Hamilton Gregory Cooray who was the Superintendent of Police for Panadura area, at the time that the alleged incident took place. The Complainant is M. Nishantha Fernando Jayawardena.

By this decision you will be protecting an accused charged before a court of law. This is very opposite to what an Attorney General who exercises the public prosecutors role is suppose to do. This is dangerous to the nation as  it undermines the rule of law. Your role is to protect the rule of law and not to undermine it. Thus this is gross abuse of your powers. The AG’s power to exercise nolle proseque ( Not to prosecute), should not be so trivially used in violation of the principle of equality before law.

We do not know whether this is done due to political pressure or on your own initiative. Whatever, be the reason there is no excuse for threatening the rule of law in this manner.

Besides, you are depriving a citizen a right to a remedy. That is the worst that can be done to a victim of crime. Sri Lankan Government is duty bound to provide all citizens remedy for the crimes they suffer. This also an international obligation under Article 2 of Civil and Political Rights Covenant, ICCPR.

In recent times former AG’s have abused their powers and there is on going public criticism on that score. Your action will further bring bad image to the institution you are heading.

We urge you to review your illegal and wrong decision in this case. And withdraw your takeover of this prosecution with the view to withdraw it and thus help an accused who is charged in a court of law. By withdrawing this decision your will assist in rebuilding much damaged national stability and also respect the rights of a citizen to pursue justice, which is been so badly sabotaged.

For further details please read the AHRC statement

Yours sincerely,
William Nicholas Gomes

William’s Desk

www.williamgomes.org

16 January, 2012

Mr. Recep Tayyip Erdogan,

Prime Minister

Office of the Prime Minister

Basbakanlik 06573 Ankara,

Turkey,

Fax: + 90 312 417 0476;

E-mail: receptayyip.erdogan@basbakanlik.gov.tr

Re: Turkey: Police raid of NGOs offices in Diyarbakir

Dear Mr. Recep Tayyip Erdogan,

I have been informed by the Human Rights Association (İHD) about the police raid of the offices of its Diyarbakır branch as well as that of the General Centre of the Public Workers’ Trade Union (KESK), the Education Workers’ Trade Union (Egitim-Sen), the Kurdish Language Research and Development Association (Kurdi-Der) and the Solidarity Association For Prisoners’ and Convicts’ Relatives (Tuhay-Der).

According to the information received, in the early morning of January 13, 2012, the anti-terrorism unit of the police raided on the basis of an illegal search warrant[1] the offices in Diyarbakır of İHD, KESK, Egitim-Sen, Kurdi-Der and Tuhay-Der, in the framework of a wide ranged anti-terrorist operation intended to dismantle an alleged terrorist network – the Kurdish Communities Union (KCK)[2] – that in fact targets peaceful activists from the Kurdish community who are not related to any terrorist activities, including human rights defenders and associations. The police confiscated computers found on the premises of all organisations. All were later returned except those confiscated in İHD’s offices.

I denounce the continuing harassment of human rights defenders and organisations in Turkey, and particularly İHD members, members of trade unions and those fighting against the impunity of serious crimes and calling for a peaceful resolution of the Kurd question, which seems to merely aim at sanctioning their human rights activities. To that extent, the Observatory recalls that several İHD members are currently in pre-trial detention, notably Mr. Muharrem Erbey, İHD General Vice Chairperson and Chairperson of its Diyarbakir Province branch who had been detained since December 2009, Mr. Arslan Özdemir, Ms. Roza Erdede, İHD members in Diyarbakır[3], Mr. Ragıp Zarakolu, Honorary Board Member and Founder of İHD and publisher, and Ms. Büşra Ersanlı, lecturer at the Marmara University Faculty of Political Sciences and International Relations in Istanbul[4], members of associations of families of victims of abusive anti-terrorism policies[5] and lawyers[6]. Dozens of other human rights defenders remain in provisional release pending the outcome of criminal trials on alleged terrorism charges[7].

Accordingly, I call upon the Turkish authorities to put an end to the continuing harassment against human rights associations and defenders and urges the Turkish authorities to stop raids and release all human rights defenders held in detention immediately and unconditionally, since their detention is arbitrary.

I urge you guarantee in all circumstances the physical and psychological integrity of Mr. Ragıp Zarakolu, Ms. Büşra Ersanlı, Mr. Muharrem Erbey, Mr. Arslan Özdemir and Ms. Roza Erdede as well as all other members of İHD, KESK, Egitim-Sen, Kurdi-Der and Tuhay-Der, members of associations of families of victims of abusive anti-terrorism policies and lawyers, and in general, all human rights defenders in Turkey.

I also urge you please  release immediately and unconditionally Mr. Ragıp Zarakolu, Ms. Büşra Ersanlı, Mr. Muharrem Erbey, Mr. Arslan Özdemir and Ms. Roza Erdede as well as members of associations of families of victims of abusive anti-terrorism policies and lawyers who are currently detained, since their detention is arbitrary as it only aim at sanctioning their human rights activities;

Please put an end to all acts harassment, including at the judicial level, against Mr. Ragıp Zarakolu, Ms. Büşra Ersanlı, Mr. Muharrem Erbey, Mr. Arslan Özdemir and Ms. Roza Erdede as well as all other members of İHD, KESK, Egitim-Sen, Kurdi-Der, Tuhay-Der, members of associations of families of victims of abusive anti-terrorism policies and lawyers and, in general, all human rights defenders in Turkey;

I also urge you please  comply with the provisions of the United Nations Declaration on Human Rights Defenders, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “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.

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Turkey.

I thank you for your consideration of my recommendations. Please be reassured of my highest regards.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

[1][1] The warrant was issued by the İstanbul Heavy Penal Court No. 10 on the demand of the İstanbul Chief Public Prosecution Office in violation of rules governing jurisdiction. According to the law, only the Diyarbakır Chief Public Prosecution Office has the jurisdiction to apply for a search warrant concerning an association located in Diyarbakır province.

[2][2] A body said to be the “urban front” of the Kurdistan Workers’ Party (PKK).

[3][3] See Observatory Annual Report 2011.

[4][4] See Observatory Urgent Appeal TUR 003 / 1111 / OBS 121, issued on November 3, 2011.

[5][5] See Observatory Urgent Appeal TUR 002 / 1011 / OBS 119, issued on October 25, 2011.

[6][6] See Observatory Joint Open Letter, December 16, 2011.

[7][7] See Observatory Annual Report 2011.

Dear President of Pakistan,

I am writing to voice my deep concern regarding life security of Mr. Hussain Haqqani, former Ambassador to the United States of America.

I am shocked to know that Mr. Haqqani is facing threats to his life by the state intelligence agencies and fundamentalist groups, who have good support from the security establishment. Mr. Haqqani has expressed his concerns about the threats to his life to the London Telegraph and pointed out he would be assassinated like the former governor of Punjab province and a former federal minister on minority affairs.

The former Ambassador has been provided temporary shelter in Prime Minister’s House but government has failed to provide him protection from the state intelligence agencies and their cronies, the Muslim armed groups which are operating openly their nefarious designs by killing high profile personalities.

I was also informed that the case against Haqqani follows an ominous trend in Pakistan. The assassinations of Punjab Governor Salmaan Taseer, Minister for Minority Affairs Shahbaz Bhatti, and journalist Syed Saleem Shahzad this past year have created a culture of intimidation and fear that is stifling efforts to promote a more tolerant and democratic society. Significant segments of the Pakistani media have already judged Haqqani to be guilty of treason, which could inspire religious extremists to take the law into their own hands as they did with Taseer and Bhatti.

I am also concerned that his wife Farahnaz Ispahani, when finding no protection of his husband’s life, went to the United States and asked help from the USA authorities which is very serious view on the security affairs in Pakistan and it has given an impression that civilians have no contro on the security issues and all rest on the whims of military and its intelligence agencies.

It is shocking for me that the Ambassador’s wife is constantly followed by ISI agents working inside America. She should have the ability to live in USA free from intimidation and threats.
I was informed that the ISI’s involvement is visible in the trap laid for the ambassador in order to eliminate him from the scene in that its head, Lieutenant General Shuja Pasha, visited London and investigated the case himself by intimidating Mansoor Ijaz, the writer of the Memo, to place the blame on the Ambassador. The ISI chief went to London on his own self without taking permission from his boss, the Prime Minister of Pakistan. The man’s arrogance is such that that he filed the affidavit to the Supreme Court without consulting the government in an effort to show his own superiority over the civilian law.

I therefore urge you to prosecute the Director General of ISI, Mr. Shuja Pasha, who is operating on his own without the permission of the Prime Minister for continuously using his offices for intimidating and coercing Hussain Haqqani during the court trial of the Memo case. Mr. Haqqani must be provided protection and the government should take action against the ISI officials and fundamentalists groups for threatening him.

The threats to his life and restrictions on his free movement is against the fundamental rights of an individual and also against the articles 15 and 19 of the constitution of Pakistan. It is also against the article 19 of the International Covenant on Civil and Political Rights (ICCPR) which is ratified by the Pakistan and under its obligations government has to ensure the freedom of expression and movement to Mr. Haqqani. Sadly it is the very institutions which should be providing protection, the armed forces and the ISI, which are the cause of the threats to his life.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

14 January, 2012

Dr. Mohamed A. Omar

Minister of Foreign Affairs and International Cooperation

Ministry of Foreign affairs

& International Cooperation

26 June District

Hargeisa, Somaliland

E-mail: info@somalilandforeign.net

Re: Somaliland: 7 journalists arrested in a week, 3 still held

Dear Minister of Foreign Affairs and International Cooperation,

I am sharing my deepest concern as for the recent spate of arrests of independent reporters in the semi-autonomous republic of Somaliland.

At least seven journalists have been arrested since last week, with three still in custody without being charged, local journalists said. According to Somaliland’s constitution, a judge can authorize police to hold a suspect without charge for up to 21 days for further investigations.

Somaliland authorities have detained Royal Television reporter Yusuf Ali (also known as “Indho Quru”) without charge in the northwestern town of Borama since Sunday based on a complaint filed against him by the Africa Youth Development Association (AYODA), a local NGO, news reports said. The journalist had reported on the group’s alleged misuse of funds, local journalists said.

On Wednesday, authorities in Borama detained Ali Ismail Aare, a journalist with the independent weekly Waheen, the Somaliland Journalists Association (SJA) reported. Aare was arrested after he took photographs of a gas station and building belonging to Somaliland Vice President Abdirahman Abdilahi, which residents complained was built incorrectly and encroached upon roads in the town, leaving no room for traffic or pedestrians, according to local journalists. Barkhad Mohamoud, SJA’s executive member, said taking photographs of an edifice owned by a public official is not a criminal offense under Somaliland law, according to local journalists. The journalist has not been charged yet, news reports said, but he is expected in court on Saturday.

On Monday, Somaliland police arrested Abdiqani Hassan Farah (“Gadari”), a reporter for Universal TV in the Las Anod district of Sool region, news reports said. Local journalists said Farah had reported on a clan dispute.

Four other journalists were also arrested in Somaliland in the past week, but detained for only a short time.

Last week, Somaliland police arrested three journalists from private broadcasters Horn Cable TV, Somaliland TV, and Universal TV in the disputed Las Anod region of Somaliland for allegedly supporting youth groups who pose a threat to security in the region, according to local reports. Police released all three journalists the following day, local journalists said.

I urge you take proper measure to insure the freedom of expression in the country.

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

14 January, 2012

Mr.John Atta Mills

President of Ghana

Information Services Department

P.O. Box 745,

Accra.

Tel – (+233-302) 228054

Tel – (+233-302) 228011

E-mail: contact@presidency.gov.gh

Re: Ghana must probe state agents’ attack on photographer

Dear President of Ghana,

I am sharing my deepest concern as for the state security agents on Thursday brutalized a photojournalist covering the high-profile court case of a senior police official.

The private Daily Guide reported that several plainclothes agents of the Bureau of National Investigations pounced on Gifty Lawson outside a courtroom in the capital, Accra, after she attempted to take photographs of Deputy Superintendent of Police Gifty Mawuenyaga Tehoba. The police official–held by the bureau since December 29 on suspicion of cocaine smuggling but without formal charge–had appeared at a habeas corpus hearing ordered by Ghana’s human rights court, according to news reports.

The agents smashed Lawson’s camera, beat her, ripped her clothes, and stripped her to her underwear apparently in search of memory cards, Daily Guide Editor Fortune Alimi told CPJ. The agents also assaulted Daily Guide staffers Anthony Antwi and Michael Awampaga and briefly detained Lawson and Awampaga, according to news reports. The episode was witnessed by bystanders.

In an interview today with private station Joy FM, National Security Coordinator Larry Gbevlo-Lartey denied any journalist was attacked and accused Daily Guide journalists of obstructing the work of the bureau agents. ”Someone who was accompanying a journalist had slapped a security official and we are handling that,” he was quoted as saying. “We are not going to take any indiscipline from any member of the public. It doesn’t matter who he is in preventing the BNI from doing their job.”

I am alarmed by the reported attack on Gifty Lawson and by the reaction of the national security coordinator toward it.  The authorities in Ghana must conduct an immediate inquiry independent of the Bureau of National Investigations and bring those responsible to justice.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

13 January, 2012

Mr Ban Ki Moon
Secretary General of the United Nations
Office of the Spokesman for the Secretary-General
United Nations,
S-378, New York, NY 10017
USA
Tel: +1 212 963 5012
Fax: +1 212 963 7055 or 2155
E-mail: ecu@un.org, inquiries@un.org

Re: Halt Execution of American Amir Hekmati After Unfair Trial

Dear Mr Ban Ki Moon,

I am sharing my deepest concern regarding   unfair trial Amir Hekmati, an Iranian-American, sentenced to death in Iran for alleged spying for the C.I.A. did not receive a fair trial and had no access to a lawyer, diplomatic assistance or his family — in violation of international law.

Hekmati, 28, who had served as an Arabic translator in the U.S. Marine Corps, was accused of spying for the C.I.A. and sentenced to death for “collaboration with a hostile government.” His appeal against this conviction and sentence must be lodged within 20 days.

Hekmati was held without access to his family, a lawyer or consular assistance after his arrest in August last year, in violation of international law.

Before he was tried in December, he was made to participate in a televised “confession” — a further violation of his right to a fair trial.
Hekmati is the first American to be sentenced to death in Iran since the Islamic revolution in that country more than 30 years ago.

“Like many other detainees in Iran, Amir Hekmati did not receive a fair trial and we question the timing and political circumstances of this decision,” said Ann Harrison, Amnesty International’s interim director for the Middle East and North Africa.

“We know from past experience that the Iranian authorities sometimes rush forward with executions of political prisoners — including dual nationals — at politically sensitive times and we fear that this execution could happen within days or weeks.”

Elise Auerbach, Iran specialist for Amnesty International USA, said: “The Iranian authorities  often air highly suspect confessions which are obtained through coercion or torture. Mr. Hekmati was shown on Iranian television ‘confessing’ to carrying out espionage against Iran.  Amnesty International urges the Iranian authorities to set aside this death sentence.

The death sentence for Hekmati comes at a time of heightened tensions between Iran and the United States, amid announcements that Iran has begun uranium enrichment and the United States has strengthened sanctions against Iran.

The Iranian authorities have executed political prisoners in January over the past two years, in relation to the unrest following the disputed presidential election of 2009.
“The lives of political detainees on death row in Iran are hanging in the balance this month,” said Harrison.

These executions have widely been seen as warnings to potential opposition protesters ahead of yearly celebrations marking the February 11 anniversary of the Iranian Revolution when people are encouraged to demonstrate in large numbers in support of the state.

Zahra Bahrami, who held dual Dutch-Iranian nationality, was executed for alleged drugs offenses in January 2011 while awaiting trial on political charges related to the post-election unrest.

Iranian activists on death row include Gholamreza Khosravi Savajani, an alleged supporter of the People’s Mojahedin Organization of Iran (PMOI) who reportedly spent more than 40 months in solitary confinement in various detention centres in Iran, is also facing execution.

Three alleged PMOI supporters — Ali Saremi, Ja’far Kazemi and Mohammad Ali Haj Aghaei — were executed in Iranin 2010 and 2011. All men had been convicted of moharebeh (enmity against God) in relation to contacts with the PMOI.

Blogger Vahid Asghari, who had hosted websites critical of the government, was sentenced to death on Friday after conviction in an unfair trial of “corruption on earth” for allegedly organising a “pornographic” network against Islam and the state.

Asghari had been held since May 2008.  In October 2009 he said in a letter to a judge that he had been subjected to torture, forced to make a televised “confession” and forced to make spying allegations against high profile blogger Hossein Derakhshan.

Saeed Malekpour, a 36-year-old web designer and permanent resident of
Canada, is also under sentence of death following a retrial on similar charges, which may be linked to Vahid Asghari’s case. A previous death sentence was reportedly overturned in June 2011.

The government has officially acknowledged executing 17 people already this year, although Amnesty International has received information suggesting at least 39 people may have been put to death in the first week of 2012 alone.

In December, Amnesty International highlighted a massive wave of executions in Iran throughout 2011, with over 600 people being put to death between the beginning of 2011 and November.  Most of these were for drug related offenses.

The scope of the death penalty is very broad in Iran and thousands are believed to remain on death row.

I urge your urgent diplomatic intervention on Iran to set aside the death sentence against the Arizona-born Helmati.

Also I urge you to continue the ongoing diplomatic pressure on Iran to start the legislative process leading to the adoption of a law by the Iranian Parliament stating the absolute prohibition of the death penalty.

Sincerely

William Nicholas Gomes

William’s Desk

www.williamgomes.org

13 January, 2012

Mr Ban Ki Moon
Secretary General of the United Nations
Office of the Spokesman for the Secretary-General
United Nations,
S-378, New York, NY 10017
USA
Tel: +1 212 963 5012
Fax: +1 212 963 7055 or 2155
E-mail: ecu@un.org, inquiries@un.org

Re: Nigeria Rattled By Strikes, Sectarian Violence

Dear Mr Ban Ki Moon,

I am sharing my deepest concern regarding unceasing, accelerating incidents of bloodshed in Nigeria. Nigeria is torn by rising religious violence.  Nigerian government appears unable to stem attacks against Christians by Muslim militias and reprisals

A spree of bomb blasts and machine-gun attacks attributed to an Islamic militia targeting Nigeria’s Christians and apparent reprisal attacks against Muslims have stoked fears the government is powerless to halt escalating religious violence in Africa’s most populous country.

So far, no mass exodus on religious lines has taken place. But many Nigerians saw in the recent tit-for-tat killings a threat of religious pogroms that recalled the country’s most violent period, the 1967-70 civil war. During that conflict, about two million Nigerians migrated back to their region of origin to escape the violence.

According to the media reports at least 61 people have died in the past week in attacks that appear to stem from the group’s warning for Christians to leave Nigeria’s north.

Boko Haram is the anti-Western and anti-government Islamist sect that has claimed responsibility for a series of deadly attacks, mainly on Christian targets since Christmas.

The group released a 14-minute video on Wednesday, which shows the man regarded as the group’s leader, Abubakar Shekau, sitting between two Kalashnikov rifles, wearing a bullet-proof vest, as he attempts to justify the killings.In a YouTube video , the group’s spiritual leader, Imam Abubakar Shekau, warned of more attacks against Christians, who include President Goodluck Jonathan.

According to media reports five people were killed in an attack on a mosque and an Islamic school this week.

According to Compass Direct News Service death Toll Climbs in Islamist Attacks in Nigeria’s northeast. The report said Christians in Adamawa state came under attack by Boko Haram, which in the Hausa language means “Western education is sacrilege,” over the weekend. On Friday night (Jan. 6), 11 people were killed and many others injured at the Christ Apostolic Church (CAC) in the Nasarawa area of Yola, the state capital.

According to BosNewsLife Africa Service at least 18 people died in Friday’s attack, Red Cross officials said, bringing the death toll to 21 in Mubi alone. Earlier Gombe, on Thursday, January 5, at least 9 worshipers died when when gunfire sprayed the Deeper Life Church in Gombe, the capital of the African nation’s Gombe state, according to latest figures released by rights group International Christian Concern (ICC).

Nigerian Muslims and Christians are both living in fear, as tension, suspicion and violence increase.

U.N. Human Rights chief Navi Pillay has called on Nigerian political and religious leaders to join together in efforts to halt sectarian violence in the country.

Mr Ban Ki Moon, Nigeria is a party to a number of international human rights treaties, which bind Nigeria to respect and ensure the human rights of all individuals within its territory. Nigeria is a party to the International Covenant on Civil and Political Rights.

I urge your urgent intervention on the unceasing, accelerating incidents of bloodshed in Nigeria.

With more than 160 million people, Nigeria is one of the world’s most populous countries.  Nigeria also produces about 2.4 million barrels of oil per day.  Renewed warfare in Nigeria could have a dramatic impact on energy prices and regional security.

Sincerely

William Nicholas Gomes

William’s Desk

www.williamgomes.org

January 12, 2012

Mr. Frank La Rue
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax: +41 22 917 9006
Email: freedex@ohchr.org

Re: French reporter first foreign journalist killed in Syria

Dear Mr. Frank La Rue,

 I am sharing my deepest concern about the French TV journalist Gilles Jacquier who was killed on Wednesday in the Syrian city of Homs, according to news reports. Jacquier is the first foreign journalist killed in Syria since the 10-month uprising began.

I express my   deepest condolences to the family and friends of Gilles Jacquier. I call on the Syrian government to explain the circumstances of this tragedy.

Jacquier, a reporter for the French public broadcaster France2, was killed along with seven other people while he was covering a pro-regime rally in Homs with a group of journalists, news reports said. The exact circumstances of the attack that left the journalist dead were unclear. An Agence France-Presse photographer who witnessed the attack told AFP that a mortar shell fell on the group, but other news accounts reported that the deaths and injuries were the result of rocket-propelled grenades.

Jacquier’s employer confirmed his death with a statement on its website. France2 said that Jacquier was with a cameraman, Christophe Kenck, who was slightly wounded in the attack.

Dutch journalist Steven Wassenaar was also injured in the attack, according to news reports.

Foreign journalists have largely been banned from Syria since March, with only a few journalists given permission to enter the country. Jacquier was visiting Syria as part of a group of 12 journalists on a government-authorized trip to Homs, according to the official Syrian Arab News Agency (SANA).

No group has taken responsibility for the attack. SANA said in a statement on its website that an official at the Ministry of Information said the attack was carried out by an armed terrorist group. The government has routinely blamed killings and unrest on armed terrorist groups but has consistently failed to provide evidence to support the claims.

According to the information that I have received CPJ has documented the deaths of two Syrian journalists killed in relation to their work in Syria over the past three months. In November, cameraman Ferzat Jerban was found in Homs with his eyes gouged out. Basil al-Sayed, a videographer, was shot in the head at a Homs checkpoint in late December.

I urge you to ensure the all possible actions to intervene into the said matter that these murders and all crimes against the press are investigated, and the perpetrators brought to justice so that journalists can work freely without fear of reprisal.

Thank you for your attention to these important matters. We look forward to your response.

Sincerely,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

11 January, 2012

Mr. Malick El Hadji Sow

Chairperson

Working Group on Arbitrary Detention

C/o OHCHR-UNOG

1211 Geneva 10

SWITZERLAND

Fax: +41 22 917 9006

Email: mdelalama@ohchr.org

Re: Denial of cancer treatment to Hassan Mushaima, and the brutal beating of Nabeel Rajab by security forces

Dear Mr. Malick El Hadji Sow ,

I would like to bring to your attention the campaign of intimidation and maltreatment of Hassan Mushaima by the Bahraini prison authorities, which has persisted since June of 2011.

Hassan Mushaima is the leader of the Haq Movement in Bahrain. He was sentenced by a military court in June to life imprisonment, along with 13 other activists who received sentences which varied between life and 2 years. He was imprisoned for leading and taking part in the country’s mass demonstrations against the Bahraini regime in the spring.

Since being imprisoned, Hassan has been denied the basic treatment that he requires to prevent his cancer from recurring. He was put on this course of treatment in 2010 by medical experts at the Royal Marsden hospital in London, having had his cancer successfully treated.

According to his family, the 64 year old opposition leader is in particularly frail health due to being neglected and maltreated while in prison. His family is concerned that if he does not receive his cancer treatment in this particular state, it will increase the risk of his cancer returning and spreading in his body.

The family of Hassan Mushaima has also raised concerns about what can only be regarded as suspicious and abnormal treatment given to him by the prison authorities. This includes being blindfolded and taken to be forcibly injected with substances that remain unknown, as the prison’s hospital ward has refused to disclose this information to Mushaima’s lawyers. This has in particular become a standard practise when dealing with Hassan, who has complained of being blindfolded and forcibly injected since prior to when these matters were first raised by human rights groups in October 2011.

The unjust treatment of Hassan Mushaima by the Bahraini prison authorities has been mirrored by the regime security forces’ attack on Nabeel Rajab on 6 January 2012. Nabeel is the president of the Bahrain Center for Human Rights, and was severely beaten by riot police as he attended a peaceful demonstration against the regime in Manama. He suffered injuries to his face and back.

As the ChairpersonWorking Group on Arbitrary Detention, I respectfully ask that use your influence to pressure the Bahraini regime to cease violating the basic rights of Hassan Mushaima by allowing him the cancer treatments that he requires. You must use your power to ensure that the intimidation of Hassan ends, and that he is given adequate care that he requires for his illnesses.

I also request that you press the Bahraini regime to order its prison authorities to disclose the substances that were forcibly injected into Hassan Mushaima, and have the matter investigated independently and transparently. I trust that you will remember your duties to a political prisoner like Hassan Mushaima, whose ill health is being used as a weapon by the Bahraini regime to intimidate its political opposition – and perhaps even worse – to silence its most influential opponents.

I also ask that you press for an immediate independent inquiry into the severe beating of Nabeel Rajab, and the conduct of the security forces in dispersing a protest which was clearly peaceful.

Do not be an accomplice to the regime’s silencing of its most influential opponents, and do not be fooled by their promises of “reform”.

I await eagerly for your response.

Yours sincerely,
William Nicholas Gomes

William’s Desk

www.williamgomes.org

January 11, 2012

Mr. Alain Juppé
Minister of Foreign and European Affairs
Ministry of foreign and European affairs
France

Re: Justice and accountability and democratic reform in Burma
Dear Mr. Minister,

I have the honour of writing to you before your upcoming visit to Burma. I urge you to use this valuable opportunity to press the Burmese authorities to:

-release all political prisoners and ensure their freedom to participate in the political transition;

-repeal oppressive legislation;

-cease military offensives in ethnic areas and grant greater unfettered access to humanitarian groups; and

-prioritize justice and accountability for past and on-going human rights abuses in the country

It has been over a year since the seriously flawed elections of November 2010 which was followed by the release of Aung San Suu Kyi. During this period, the international community has been mesmerized by seemingly reformist steps taken by the military-backed government in Naypyidaw, including meetings with Daw Aung San Suu Kyi, the re-registration of her party, the National League for Democracy (NLD) and approaches to rebuild ceasefires with a number of ethnic rebel groups.

Political prisoners

Despite the euphoria over these developments, as many as 1,500 political prisoners remain imprisoned, many serving long sentences of 60 years or more, in harsh conditions, for peacefully advocating for political freedoms and democracy. The three ‘amnesty’ or ‘clemency’ orders since November 2010 have only resulted in freedom for a tiny fraction of the total number of prisoners released. There have been new arbitrary detentions: in November 2011, the government arrested at least 11 activists. On 16 December 2011, Karen leader Nyein Maung was sentenced to 17 years in prison for having ties to the Karen National Union, an organization that the government is apparently having peace talks with.

The international community’s demand for the release of all political prisoners is long-standing. The limited releases of political prisoners seem to be timed and calculated to relieve international pressure. If the intention to carry out democratic reform is genuine, the Burmese government has no reason to use political prisoners as pawns in its public relations campaigns and should immediately and unconditionally release them with full restoration of their civil rights.

Oppressive laws

Many political prisoners have been arrested, charged and jailed on the basis of a range of oppressive laws. Eleven laws were identified in 2008 by the UN Special Rapporteur on human rights in Burma, Tomás Ojea Quintana, as non-compliant with international standards, including the Unlawful Associations Act, Emergency Provision Act, and Electronics Transactions Law Act. The government itself admitted that 380 domestic laws required review for compliance with the human rights provisions of the 2008 constitution. In February 2010 the regime told Quintana that 50 laws would be repealed. Despite this promise, the USDP-dominated Parliament has refused to repeal these draconian laws.

While the recently passed “Peaceful Gathering and Demonstration Law” and “Labor Organizations Law” appear progressive, they are rendered irrelevant by the oppressive laws that grant the regime the power to restrict fundamental freedoms under the guise of blanket “security” provisions.

Attacks on civilians in ethnic areas

Despite the government’s rhetoric of peace and reconciliation, the Burmese military continues its offensives in ethnic areas. In June 2011, the army launched a war in Kachin State, ending a 17 year ceasefire with the Kachin Independence Army. As many as 50,000 people have been displaced by this conflict, so far. On 10 December, President Thein Sein ordered the army to cease offensive operations in Kachin State. However, attacks continue, resulting in serious human rights violations, including documented cases of rape as a weapon of war, forced labour, deliberate targeting of civilians, and looting. The regime has also limited humanitarian aid to the affected areas. Only in mid-December, after six months of heavy fighting, was the UN allowed some access to internally displaced persons in areas controlled by the Kachin Independence Organization. Military attacks targeting civilians have also continued in Shan state.

I call on you to urge the Burmese government to announce and enforce an immediate nation-wide ceasefire, grant full access to humanitarian agencies and independent human rights monitors, enter into a comprehensive dialogue with all ethnic opposition groups, and publically commit to observe international humanitarian laws and hold military personnel to account for violations thereof.

Justice and accountability

The tragic abuses taking place in Kachin State are the latest examples of the widespread and systematic human rights violations by the Burmese authorities. No steps have been taken by the ‘new’ government to implement the repeated recommendations made by the UN General Assembly and the UN Special Rapporteur on Human Rights in Burma for impartial investigations into all allegations of human rights abuses, let alone bringing perpetrators to justice.

I strongly believe that ending impunity and ensuring the continuation of democratic reforms are not mutually exclusive objectives. No democratic transition in history has been successful without an adequate accounting of past human rights abuses, which in addition to being a legal obligation under international human rights law, would also deter future abuses. Sacrificing accountability for fear of somehow undermining political opportunities is a serious misjudgment and a dangerously short-sighted policy. Considering the lack of effective domestic accountability mechanisms, the Burmese government should welcome international assistance and the international community should be ready to provide and support such assistance, including through a UN Commission of Inquiry.

Finally, I strongly encourage France to maintain a firmly rights-based approach in its bilateral engagement with Burma in all sectors. I call upon France to use its influence within the European Union to maintain the current EU Common Position and refrain from any unjustified relaxation of sanctions until substantive steps are taken by the Burmese to fully meet the key benchmarks identified by the UN Special Rapporteur and the international community. This is particularly critical, as economic engagement without reforms may directly and indirectly cause more human rights violations amounting to serious crimes to be committed against communities in Burma.

The decision of Daw Aung San Suu Kyi and the NLD to engage in a dialogue with the government and to participate in the political process is a clarion call for the international community to step up, not back away from, its long-standing support for human rights in Burma. Robust international pressure is now more crucial than ever to end impunity and to ensure that the Burmese government does not backslide on its promises of genuine and irreversible progressive reforms in Burma.

I thank you for your consideration of our recommendations. Please be reassured of our highest regards.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Download: Justice and accountability and democratic reform in Burma

10 January 2012

Mr Franz Jessen

Ambassador-Head of Delegation,

Delegation of the European Union to Vietnam

17th – 18th floor, Pacific Place Office Building
83B Ly Thuong Kiet, Hanoi

Telephone: +844 3941 0099
Fax: +84 4 39461701

Re: Viet Nam – EU: Release of rights and pro-democracy activists litmus test for human rights dialogue

Dear Mr Franz Jessen,

I am writing to express my concern regarding pro-democracy activist’s litmus test for human rights dialogue.I welcome the first full-fledged human rights dialogue of the European Union with Viet Nam. I also want to focus  on the need  that   all human rights defenders who are currently imprisoned, in detention, or under house arrest should be release immediately.

I want to share some specific precedents of the individuals:

Unified Buddhist Church of Vietnam (UBCV) Supreme Patriarch Thich Quang Do, under house arrest without trial at the Thanh Minh Zen Monastery in Ho Chi Minh City. He is deprived of the right to travel, his communications are censored, and all visits monitored. He is deprived of basic citizenship rights, such as the obligatory residence permit (ho khau), without which one is considered an illegal citizen. Thich Quang Do has spent over 29 years in prison, house arrest and internal exile for his peaceful appeals for religious freedom, human rights and democracy. He has been declared a victim of arbitrary detention by the UN Working Group on Arbitrary Detention (Opinion 18/2005).

Although blogger Mr. Nguyen Van Hai (pen name Dieu Cay), founding member of the Club of Free Journalists, should have been released from prison in October 2010 after completing his prison term, he remains detained under new charges of “propaganda against the State”, which were brought against him on October 20, 2010. He had been sentenced to two and a half years in prison on trumped-up charges of “tax evasion” in September 2008. His family has not been allowed to see him since then and his current whereabouts are unknown. On July 5, 2011, Dieu Cay’s wife was told by Lt.-Colonel Dang Hong Diep of the Ho Chi Minh City Security Police Investigations Department that Dieu Cay had “lost his hand (or arm)” in prison.

On April 4, 2011, Mr. Cu Huy Ha Vu, a legal expert and defender of environmental and political rights, was sentenced to seven years in prison and three years under house arrest by the Hanoi People’s Court on charges of “spreading propaganda against the Socialist Republic of Viet Nam” (Article 88 of the Criminal Code), following a trial during which he was denied his right to a fair and public hearing by a competent, independent and impartial tribunal. His sentence was upheld at an appeal trial on August 2, 2011. Two weeks before his arrest on November 5, 2010, on October 21, 2010, Mr. Ha Vu had filed a lawsuit against the Prime Minister for signing Decree 136 in 2006, which prohibits class-action petitions.

Freelance journalist Mr. Truong Minh Duc, sentenced to five years in prison at an unfair trial in Kien Giang province on July 18, 2008, charged with “taking advantage of democratic freedoms and rights to abuse the interests of the State” (Article 258 of the Criminal Code), for writing about official corruption in Kien Giang. Mr. Truong Minh Duc’s wife reports that her husband is in very poor health, and is currently subjected to extremely harsh detention conditions. He was transferred in early April 2010 from the main K2 camp of Xuan Loc prison in Dong Nai province, where he was held since 2007, to a section in the jungle known as K4.

Writer Mr. Nguyen Xuan Nghia, sentenced on October 9, 2009 by Haiphong People’s Court to six years in prison and three years’ “probationary detention” (i.e. house arrest) under Article 88 of the Criminal Code on “conducting propaganda against the Socialist Republic of Viet Nam” after writing and advocating for human rights and actions calling for democratic reforms.

Ms. Pham Thanh Nghien, sentenced by the People’s Court in Haiphong on January 29, 2010 to four years in prison followed by three years under house arrest on charges of “conducting propaganda against the Socialist Republic of Viet Nam” (Article 88 of the Criminal Code) for organising peaceful demonstrations and advocating land rights.

Internet entrepreneur and blogger Mr. Tran Huynh Duy Thuc, a pro-democracy activist who advocated for more freedoms in his writings, sentenced to 16 years in prison and five years’ house arrest at the Ho Chi Minh City People’s Court on January 20, 2010 on charges of “activities aimed at subverting the people’s administration” (Article 79 of the Criminal Code), using the Internet and blogs to circulate democratic ideas. Along with a group of activists, he was initially accused under Article 88 of the Criminal Code on conducting anti-Socialist propaganda, and their “confessions” were broadcast on the State-run television. The charges were suddenly changed to Article 79, a more serious crime which incurs the death penalty. Tran Huynh Duy Thuc received a harsher sentence that his colleagues because he refused to admit he had committed a crime and demand clemency. The other members of this group are:

• French-trained IT engineer and blogger Mr. Nguyen Tien Trung, sentenced to seven years in prison and three years house arrest for using the Internet to call for political reforms;
• Businessman Mr. Le Thang Long, sentenced to five years in prison and three years house arrest (reduced to three and a half years on appeal), also for publishing pro-democracy appeals on the Internet;
• Mr. Tran Kim Anh, former lieutenant-colonel in the People’s Army, was sentenced to five and a half years in prison and three years house arrest under the same charge on December 28, 2009 at the People’s Court in Thai Binh province for publishing pro-democracy articles on the Internet.

Mr. Vi Duc Hoi, a pro-democracy activist who has extensively written on corruption and injustice in Viet Nam, was arrested on October 27, 2010. On January 26, 2011, he was convicted of “spreading anti-Government propaganda” and sentenced to eight years of imprisonment, followed by five years of house arrest. On April 26, 2011, his jail sentence was reduced to five years by an appeals court in northern Lang Son province, to be followed by three years’ house arrest.

Messrs. Nguyen Van Lia and Tran Hoai An, practitioners of an unofficial religious sect and advocates of the respect of the right to religious freedom, were found guilty on December 12, 2011 of the charges of “abusing democratic freedoms to infringe upon the interests of the State” under Article 258 of the Criminal Code by the People’s Court of Cho Moi District in southern An Giang province. They were respectively sentenced to five and three years of prison.

Journalist Mr. Nguyen Van Khuong (pen name Hoang Khuong), a reporter on the official Tuoi Tre (Youth) newspaper, was arrested on January 2, 2012 for exposing police corruption. He is in custody in Ho Chi Minh City on charges of “professional shortcomings”. In July and September 2011, Hoang Khuong wrote a series of articles revealing bribes received by traffic police. One policeman was subsequently arrested. On November 28, 2011, the Ho Chi Minh City Investigation Police complained about the articles and called on Tuoi Tre to withdraw Hoang Khuong’s press card. At the same time, the Ho Chi Minh City Police Newspaper published several articles denouncing Hoang Khuong and calling for “punishment” against him. On December 3, 2011, Tuoi Tre’s Editorial Board suspended him.

Vietnamese Government spokespersons and diplomats regularly make statements proclaiming its respect for human rights in law and in practice. In February 2011, Viet Nam announced its intention to run for a seat on the UN Human Rights Council for 2013-2016, a bid that is officially supported by fellow ASEAN Member States.

Mr Franz Jessen, I request you to focus on the need that Freedom of human rights defenders to operate without fear or reprisals should be high on the agenda of the first dialogue, and the EU must take all necessary steps with sufficient political will to press the Vietnamese government to protect them, rather than throwing them in prison .

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

January 10, 2012

Mr. Frank La Rue
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax: +41 22 917 9006
Email: freedex@ohchr.org

Re: SYRIA – Arbitrary arrest of activist within medical facilities puts his life in danger

Dear Mr. Frank La Rue,

I am sharing my deepest concern as for the arbitrary arrest and incommunicado detention of 33 year old activist Mr. Anwar Lutfi Al Dabbas.

According to the information received, on 1 January 2012, five members of the Air Force intelligence kidnapped Mr. Anwar Lutfi Al Dabbas in the operating room of the national hospital in Darya (Damascus) while he was under anesthesia to receive a surgery intervention. Reports indicate that Mr. Al Debbas was taken to an unknown location in an ambulance and that a number of members of security forces were surrounding the building during his abduction.

Mr. Al Dabbas was shot in the back during a peaceful rally protest organized on January 1^st in Darya, as members of the Arab League observation team were expected to visit the city. Mr. Al Dabbas had to undertake a surgery intervention to remove a bullet that remained in his lung. His life is in danger.

Information received by our organizations indicate that Mr. Al Dabbas has been involved in a number of peaceful protests in the city of Darya. He is also the brother in law of activist Ghiath Al Matar, who appears to have been killed under torture by the Air Force intelligence on 10 September 2011, four days after he was arbitrarily arrested.

Mr. Al Dabbas is in vital need of urgent and adequate medical treatment. His arrest is a blatant violation of international humanitarian law and puts his life in danger. The Syrian authorities should guarantee, in all circumstances, his physical and psychological integrity, release him without delay and ensure without any interference that he receives adequate medical care in accordance with, inter alia, the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

I am extremely concerned by the systematic campaign of arbitrary arrests carried out by the Syrian security forces against activists and victims of the repression of the movement of protest, notably within medical facilities. I remind that according to the protocol signed by Syria and the Secretariat of the Arab League on 19 December 2011, the Arab League observation mission, which is currently visiting Syria, has the mandate to ensure that all persons arbitrarily detained in relation with their participation to peaceful protests are released.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

 January 9, 2012

Mr.John Morton, Assistant Secretary of Homeland Security 

Ms.Janet NapolitanoSecretary of Homeland Security

Re: Stop Leslie’s Tuesday Deportation

Dear Officials ,

I am writing to voice my deep concern regarding Leslie, mother to 3 young U.S. citizen children who  will be deported on Tuesday.

I am writing  to request that you take action to stop the deportation of DREAM eligible youth Leslie Hernandez-Hernandez and that she be released from St. Clair County Jail immediately.

Leslie has been detained in St. Clair County Jail, in Michigan, since October 24th. She has had to spend Thanksgiving, Christmas, and New Years, away from her three young children. Leslie was told that, when she was only 13 years old, she missed a court date and was given an “in absentia” removal. Leslie was not aware of this until ICE picked her up and detained her, separating her from her family and children.

Leslie, now 25, was brought to the U.S. when she was only 11 years old. She is the single mother of three U.S. citizen children, ages 10, 5, and 3. Two of her children suffer from severe medical conditions. Leslie’s 10 year old is disabled after being hit by an SUV two years ago and requires ongoing medical treatment including therapy, and her 5 year old daughter suffers from a respiratory condition. If deported, this family will be separated and the children won’t receive proper medical care.

Leslie is DREAM Act eligible and, according to the memo issued by John Morton, is not a priority for deportation and should be granted favorable exercise of prosecutorial discretion. Per President Obama’s statements, Leslie shouldn’t be detained and in the process of getting deported. Leslie should be released immediately so she can be reunited with her children.

I urge you to take action to stop the deportation of Leslie Hernandez-Hernandez and that she be released from St. Clair County Jail immediately.

January 8, 2012

Kim Jong-un

Supreme Commander of the Korean People’s Army
Pyongyang
Democratic People’s Republic of Korea

Dear Supreme Commander Kim:

I am  writing   to recognize the passing of your father and acknowledge your leadership of the  Democratic People’s Republic of Korea (DPRK), and to raise a number of concerns and ideas which we believe would enhance your leadership, improve the standing of  your country and benefit your people.

It is clear that the coming year will be one of great challenges for you and the people  of North Korea. It can also be a time of great opportunity, both for your legacy and  for the well-being of all the people of North Korea, provided that you seize this  moment in history to ensure that your government respects the human rights and  fundamental freedoms of the North Korean people.

I am seriously concerned about what is happening to the people of your country. More  than 200,000 men, women and children are still being held in a system of prisons and  labor camps. Most are incarcerated for political reasons and are not guilty of any  internationally recognized crimes. Many are held simply because they happen to be  family members or associates of people arrested previously. Inmates must endure  conditions that resemble the worst forms of slavery; many die for lack of food and  medical care.

The human rights of the vast majority of the 24.5 million North Korean people are  routinely violated, despite the fact that the DPRK government has ratified and is  therefore bound to respect the rights contained in the International Covenant on Civil  and Political Rights and the International Covenant on Economic, Social and Cultural  Rights.

North Korean citizens face a constant fear and insecurity, knowing that any deviation  from government-scripted norms of behavior could result in the arbitrary loss of their  livelihoods, their freedom, their basic human rights, and even their very lives. And  they have no recourse to an independent judiciary.

A vast array of government bureaus, offices and security agencies commit arbitrary arrest, false imprisonment, disappearances, forced labor, torture and even executions.

Basic rights to freedom of expression, association, public assembly, movement, and religion do not exist. Access to information other than that produced by the government is prohibited.

Millions of North Koreans suffer daily from hunger, malnutrition and inadequate health care. The DPRK government has the capacity and the resources to provide a decent level of care but apparently, either through neglect or a deliberate government policy, it fails to do so.

The DPRK government now stands accused of crimes against humanity and grave violations of international law, which we believe should prompt establishment of an independent and impartial UN Commission of Inquiry.

Supreme Commander Kim, I appeal to you to change course at this critical juncture of North Korean history, just a few months before the April 15, 2012, celebration of the 100th year of the birth of your grandfather, Kim Il-Sung. We urge you to right these wrongs and ensure that the DPRK government that you lead immediately ends its systematic and pervasive violation of human rights.

I strongly urge you to invite the United Nations Special Rapporteur on the
Situation of Human Rights in the DPRK to visit the country, and to provide access for him and for the International Committee of the Red Cross and other international monitors to all areas of detention, including the kwan-li-so camps.

Another important start for reforms should be the immediate release on humanitarian grounds of all family members imprisoned because of presumed ‘guilt by association or relation’ in the kwan-li-so. By doing so, you would be taking a significant first step towards addressing the suffering of your people.

Equally important, you would improve and strengthen your reputation at the UN and in the international community.

I sincerely hope that you will seize this opportunity to build a different legacy for the DPRK that leads to full realization of the North Korean people’s human rights, their health and wellbeing, and their individual dignity. Only then will North Korea achieve the respect and security from the world community that it seeks.

I look forward to hearing from you.

Sincerely,

William Nicholas Gomes

William’s Desk

wwww.williamgomes.org

Cc:
. Advocates International Global Council
. Amnesty International
. Asia Justice and Rights
. Asian Federation Against Involuntary Disappearances
. Asian Human Rights & Humanity Association of Japan
. Burma Partnership (Thailand)
. Christian Lawyers Association for Paraguay
. Christian Solidarity Worldwide
. Committee for Human Rights in North Korea (USA)
. Conectas (Brazil)
. Council for Human Rights in North Korea (Canada)
. Freedom House (USA)
. Free NK Gulag (ROK)
. Free North Korea Radio (ROK)
. Han Voice (Canada)
. HH Katacombs (ROK)
. Human Rights Watch
. Human Rights Without Frontiers (Belgium)
. Inter-American Federation of Christian Lawyers
. International Federation for Human Rights (FIDH)
. COMJAN (Investigation Commission on Missing Japanese Probably
Related to North Korea)(Japan)
. Japanese Lawyers Association for Abduction and Other Human Rights
Issues in North Korea
. Jubilee Campaign (USA)
. Justice for North Korea (ROK)
. Kontras (Indonesia)
. Liberty in North Korea – LiNK (USA)
. Life Funds for North Korean Refugees (Japan)
. Network for North Korean Democracy and Human Rights (ROK)
. NK Intellectual Solidarity (ROK)
. NO FENCE <Association for the abolition of concentration camps in
North Korea> (Japan)
. North Korea Freedom Coalition
. Odhikar (Bangladesh)
. Open North Korea (ROK)
. People In Need (Czech Republic)
. PSALT NK (Prayer Service Action Love Truth for North Korea)
. The Simon Wiesenthal Center (USA)
. The Society to Help Returnees to North Korea (Japan)
. Students Alliance for Human Rights in North Korea (ROK)
. Young Defectors’ Alliance for North Korean Human Rights (ROK)

Dear President of  Gambia,

I denounces the interminable judicial harassment faced by two women human rights defenders in The Gambia.

9 January 2012

Mr. Frank La Rue
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax: +41 22 917 9006
Email: freedex@ohchr.org

Re: Repression of a peaceful protest – Human rights defenders at risk

Dear Mr.Frank La Rue,

I call on the authorities to guarantee the right to freedom of peaceful assembly and the safety of demonstrators, including that of human rights defenders, following the repression by security forces yesterday of a peaceful demonstration to call for the release of political prisoners.

Dear Minister for Human Rights of Pakistan,

I am writing to voice my deep concern regarding death threats to the two investigative journalists and the producers of a private television channel who are hiding and are being chased by fundamentalist religious groups for unearthing an illegal detention center where 50 persons were kept in chains and were trained for Jihad (holy war) in the neighbouring countries.

I am informed that Mr. Ghulamuddin, senior producer and Mohammad Aatif Khan, associate producer news, SAMAA TV aired an exclusive report on December 13, 2011 on captivity of innocent students held in chains at a seminary which jolted the media and concerned authorities. The subsequent crackdown by police led to the rescue of over fifty shackled persons from a basement and also the recovery of dozens of children from a separate room. The illegal and private detention center was running under the name of ”Rehabilitation center for Heroin addicts” where the people from the age of 4 to 50 years were detained in chains and were punished for not following the orders of the detention center staff. The guards of the detention center claimed that they were running an Islamic seminary (Madressa). Both the producers made the video through their hidden camera which was aired in the evening of the same day and generated a heated debate not only in Pakistan but all over the world.

I am shocked to learn that the illegal detention center in the name of an Islamic seminary was located close proximity of a police station at Gadap town and operated under the name of Dawood at Dar-ul-Uloom Zakria Kandholi. It was run by a cleric, Mufti Dawood, the principal, and was located on the outskirts of Karachi, the capital of Sindh province. The video shows how detained persons were kept in heavy chains. They were complaining that they were beaten daily and were not given proper the food whereas their parents were paying huge amount as monthly fees. Some students were provided with armed training and some were sent for holy war to Afghanistan against the US forces.

As the video was aired at SAMAA TV more than 100 persons from Jihadi (Islamic warrior) groups attacked the station demanding that both journalists be handed over to them. They remained for many hours and, as is typical where religious extremism is concerned, the police and local administration did not come to rescue the employees of the channels.

In desperation, the management of the TV channel asked both the producers not to come to the station and remain in hiding. The channel authorities had contacted the administration and provincial police for their safety but to date no action has been taken by the police and provincial government to assist.

Both of the journalists have also left their homes as the militants attacked and picketed their houses and threatened their parents and siblings at gunpoint to hand them over otherwise they would face the punishment what the punishment had been designed for the producers. Both the journalists cannot go even to police station or any court to lodge the police report against the militants as their movements are monitored by the workers of militant groups. They were receiving death threats through SMS at their cell phones, now they cannot use their cell phones. Ghulamuddin is hiding with his wife Tasleem Bano and Hayyan Shah Alisher (six months infant) whereas Mohammad Aatif Khan and his wife are also facing imminent threats.

I am shocked to know that the Sindh government and police have dropped the efforts to arrest the main perpetrator, Mufti Dawood who was running the illegal detention center. The perpetrator remains Karachi and is continuing his nefarious designs. He ordered the abduction and killing of both the journalists and told his disciples that their death would serve the sacred cause of holy war against the US agents.

It is very disappointing for me to learn that instead of providing protection to the journalists for disclosing the inhuman treatment of children and illiterate people in the name of religion and recruitment for suicide bombers the Sindh administration and police have dropped the investigation into the case and left the journalists at the mercy of the militant Muslim fundamentalists.

Therefore, I urge you to provide protection to Mr. Ghulamuddin, senior producer and Mohammad Aatif Khan, associate producer news, of SAMAA TV, Karachi and their family members from the Muslim fundamentalists. I also urge that the police officials of Gasap town be prosecuted for providing protection to the perpetrators and for failing to carry out a proper investigation of the running of an illegal detention center and torture cells.

I hope you will take personal interest to provide protection to both the journalists.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

3 January 2012

Mr. Dmitri Medvedev,

President of the Russian Federation,

Ilinka Str, 23, Moscow, 103132,

Moscow, Russian Federation,

Faxes:+ 7 495 606 5173 / 630 2408

Re: Continued arbitrary detention and judicial harassment against Mr. Philip Kostenko

Dear Mr. Dmitri Medvedev,

I requests your urgent intervention in the following situation in the Russian Federation.

I  have been informed by reliable sources about the continued arbitrary detention and judicial harassment against Mr. Philip Kostenko, a member of the Anti-Discrimination Centre (ADC) “Memorial”, Saint Petersburg, who was due to be released on January 5, 2012 following his sentencing to 15 days of administrative detention (see background information).

According to the information received, on January 4, 2012 at 11.30 am, the Vasileostrovsky District Court will decide on new measures of restraint against Mr. Kostenko in relation to new criminal proceedings started against him on “vandalism” charges under Article 214 p. 2 of Criminal Code of Russia for allegedly damaging an All-Russia People’s Front poster during the parliamentary electoral campaign in autumn 2011 in St. Petersburg.

The court may order his detention pending trial. In this case, he will be transferred from the administrative detention centre where he is now detained to a criminal pre-trial detention centre.

I condemns the continuing judicial harassment of Mr. Philip Kostenko since it seems to merely aim at sanctioning his human rights activities and expresses its deep concern about the ongoing attempts to hinder the peaceful activities of human rights defenders.

I further recalls that it is the third set of charges brought against Mr. Philip Kostenko since his arrest on December 6, 2011 (see below).

Background information:

On December 6, 2011, Mr. Philip Kostenko was arrested in Saint Petersburg on accusation of “disobeying the orders of the police officers” and of “refusal to put an end to his participation in the rally” following his participation in a peaceful demonstration to denounce electoral irregularities and called for fair, free and independent electoral processes following the elections results on December 4, 2011.

On December 7, he was sentenced to the maximum sentence of 15 days of administrative detention. On December 10, the appeal lodged by his lawyer was rejected. On December 12, his lawyer lodged a complaint before the European Court of Human Rights (ECHR), as both decisions (that of December 7 and December 10) were issued following serious procedural irregularities.

As of issuing this Urgent Appeal, Mr. Kostenko is still detained in the special detention centre No. 6 of “Zakharievskaya” street, where he started a hunger strike on December 6, then joined by another detainee, in order to protest against the arbitrary detention of demonstrators and bad conditions of detention.

Moreover, on December 22, the 153rd court department sentenced Mr. Kostenko to an additional 15 days of detention for “disorderly conduct” under Article 20.1.1 of the Criminal Code after he allegedly swore before police officers on October 16, 2011. This decision was handed out a few minutes before Mr. Kostenko’s expected release.

After the new court decision Mr. Kostenko ceased his hunger strike as all people arrested during the protests against electoral fraud in St Petersburg had then been released.

I also recalls that Mr. Philippe Kostenko had already been arrested along with Ms. Anna Udyarova, another member of the ADC “Memorial”, on November 26, 2011, as they were picketing near the Embassy of Belarus to request the release of Mr. Ales Bialiatski, FIDH Vice-President and President of the Human Rights Centre “Viasna” in Belarus, and, more generally, all political prisoners in the region. They were later finally released during the night after eight to nine hours of detention following mobilisation in their favour, both at the national and international level. They were released under the condition that they appear before the police on November 28, 2011, at 11 am. At that time, they were informed by the police that they had been charged of two administrative offences, “illegal picketing” and “disobeying the police”, punishable by fines and administrative detention.

Dear Mr.President, Please guarantee in all circumstances the physical and psychological integrity of Mr. Philip Kostenko as well as of all members of the Anti-Discrimination Centre “Memorial” and all human rights defenders in the Russian Federation;
Put an end to any act of harassment – including at the judicial level – against Mr. Philip Kostenko as well as against all human rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

Mr.President , Please  comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, especially:

 its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”,

 its Article 5, which provides that “everyone has the right, individually and in association with others, at the national and international levels (a) to meet or assemble peacefully”;

 its Article 6 (b) and (c), which states that “everyone has the right, individually and in association with others [...] as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and [...] 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 Article 12.2, which provides that “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”;

iv. Comply with the provisions of the Declaration of the Committee of Ministers of the Council of Europe on the protection of human rights defenders and the promotion of their activities, and in particular With Article 2.i), in which the Committee calls on member States to “create an environment conducive to the work of human rights defenders, enabling individuals, groups and associations to freely carry out activities, on a legal basis, consistent with international standards, to promote and strive for the protection of human rights and fundamental freedoms without any restrictions other than those authorised by the European Convention on Human Rights;

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.

Dear President of Armenia,

I condemn the sentencing of Jehova’s witness, Andranik Makvetsyan, to 6 month in prison.

I believe that the verdict in Andranik Makvetsyan’s case was motivated by the fact that he is a member of the Jehova’s Witnesses’ religious organisation. Consequently, the verdict violates Article 26 (Freedom of Religion) of the Constitution of the Republic of Armenia, in a general context of pressure against religious minorities.
I  call upon the Armenian authorities,
 to drop the charges and release Andranik Makvetsyan immediately;
 to ensure all religious organizations and their members have the freedom to preach their beliefs, and take all necessary measures to respect Article 26 of the Constitution of the Republic of Armenia;
 to ensure impartial and independent court hearings in cases concerning freedom of religion;
 to maintain neutrality in freedom of religion related issues and promote tolerance in society and in the relations between all religious organizations.

Mr. Yoshihiko Noda
Prime Minister of Japan
Shugiin Giin Kaikan No.1 #821
2-2-1, Nagata-cho, Chiyoda-ku, Tokyo, Japan
100-0014

Mr. Hideo Hiraoka
Minister of Justice of Japan
Shugiin Giin Kaikan No.2 #205
2-1-2, Nagata-cho, Chiyoda-ku, Tokyo, Japan
100-0014

Re: Open letter on the abolition of the death penalty in Japan

Dear Prime Minister Noda,
Dear Minister of Justice Hiraoka,

I am are honoured to write to you at this critical juncture of death penalty developments in Japan. Your country has not carried out any execution since the last executions in Japan were carried out on 28 July 2010, when Mr. Ogata Hidenori and Mr. Shinozawa Kazuo were hanged at the Tokyo detention centre. I welcome such a positive development; 2011 has been the first year without any execution in Japan since 1993. Especially we applaud the deliberated initiative taken by Minister Hiraoka, despite various difficulties he faced in domestic circumstances.

I encourage your government to sustain its efforts and call on your authority not to approve any execution order in the future and to initiate careful studies and to engage in public and parliamentary debates of the use of capital punishment in the country. Japan would benefit from the establishment, as soon as possible, of an independent, broad-based panel of experts, including civil society representatives, to study and make recommendations to the Government on the abolition of the death penalty.

More than two thirds of the countries in the world have abolished the death penalty in law or practice. Out of 41 countries in the Asia-Pacific, 17 have abolished the death penalty for all crimes, nine are abolitionists in practice and one – Fiji – uses the death penalty only for exceptional military crimes. This means that less than half of the countries in the region still use this ultimate and irreversible punishment.

Of the G8 nations, only Japan and the United States still use capital punishment, while Russia has not executed anyone since 1996. Even in the US, 16 States and the District of Columbia have abolished the death penalty, while the Governor of Oregon has recently declared he would not allow any execution during his term. On 9 September 2011, the Republic of Korea marked the 5000th day without execution. In January 2010, the Mongolian president has announced a moratorium of the death penalty and called for its abolition.

As a leading democracy in Asia and a key member of the international community, an official commitment by Japan towards the abolition of the death penalty will not only be consistent with the international trend but also send a powerful signal all over the world that the right to life must be respected and protected.

I thank you for your attention and future actions regarding this important matter.

Sincerely yours,
William Nicholas Gomes
William’s Desk
www.williamgomes.org
Download : Open letter on the abolition of the death penalty in Japan

I am writing to you to express my deep concern about the poor who have died facing starvation and relevant sicknesses in 2011, and those who are still on the threshold of death due to hunger and hunger induced sicknesses in Odisha.

It is very regretful to hear that at the end of the year, Mr. Laxman died suffering hunger and illness on November 25 and others face similar fate. I would like to throw a question that what you have been doing while people suffer from starvation and end up with death.

As you must know, there have been reports about deaths through a year in Odisha. Those who died of sicknesses suffering from starvation always confronted neglect of the administration officials excluded from the social security programs which they were entitled to get, by the moment they died, or even after death.

I have observed so far that when we report the death to you asking for attention and remedy, the administration authority often tried to find a way to avoid responsibility by saying that they did not die of starvation but died of sickness. Or the administration provided little rice and money either by charity or in accordance with existing schemes after death, and suggested that you committed your mandate. At the end, your authority and relevant officials enjoy impunity from the administrative and moral responsibility for contribution to starvation death. In many cases, your authority does not even listen to the complaint from the poor or vulnerable groups like tribe, widows, or elderly. There has been no exception so far, neither is this case.

Thus, I am not writing to you to know if Mr. Laxman died of starvation by post-mortem, by which you may suggest that he did not die of starvation as his stomach was not completely empty. Certainly, this is not the way to interpret what hunger is and to prove how one dies suffering from hunger. I am writing to urge you to commit full implementation of government schemes and policies targeting the poor and vulnerable groups under your jurisdiction, which is no more than the administrative and legal mandate as a government official. I am not asking something beyond your mandate, but asking not to enjoy corruption and impunity beyond your mandate. When you enjoy them, the poor die in your country.

I am aware from previous complaints sent to you that Nuapada district administration and Sinapali block authority have never properly responded to the complaints since August. The villagers of Sinapali block have been facing drought through a year which made the poor more difficult to get food from agricultural work. Agricultural work was not available and the government did not offer any job under the rural employment scheme – MGNREGS. Even worse, rice distribution stopped since July. Many had to go for migration seeking food.

The villagers have reported about these irregularities to the Block Development Office (BDO), CSO and even the district Collector. Yet no one responded. There was rice rotting in godown, whereas the administration did not listen to the poor villagers. On September 21, they found the Marketing Inspector of the block and the Executive Officer of the Panchayat who tried to transport 62 bags of rice from the godown by truck without knowledge of the Panchayat head. The villagers informed the police and the Executive Officer alone was sent to jail.

On September 22, the Marketing Inspector assured that rice would be distributed to the BPL holders, which did not happen. On October 10, the villagers again submitted a complaint to the BDO. The officer promised to distribute rice within a week, but did not. On October 23, the complaint was sent to the Collector and the Chief Secretary Officer but, again no step has been taken. On November 17, the Executive Officer of neighboring Panchayat came to the village and distributed 125 quintals of rice in total, which was far less than what is required.

Karanbaheli Panchayat has a quota of 273 quintals of rice per month and it was more than 1000 quintals for four months between July to October that the administration failed to provide. 16 out of 125 quintals was given to Karanbaheli village. The villagers currently demand rice distribution for four months which they are legally entitled to get.

Furthermore, rice was distributed only in two villages i.e. Kuliadongri and Karanbaheli and partially in Chandel village. The villagers of Badibahal and Dongriguda of Karanbaheli Panchayat have not yet received their quota. Mr. Madhusudan Padhi, Secretary, of the concerned department wrote in a mail that, “the rice (about 400 quintals) has been siphoned off….. the district administration had been asked to ensure distribution.” He also instructed the district administration to ask for the same quantity from Government and assured that the matter would be followed up. Yet, no further step has been taken so far. In neighboring Panchayat, Kusumjore was also found that the BPL families have not received foodgrain for months.

While the administration was neglecting their duty for the poor, Mr. Laxman died on November 25. He was a rickshaw driver living with his wife, a daughter and 80 year-old mother. The BPL card in his parents’ name gave 30 kilograms of rice a month which was distributed among his family and his brothers’. He also expected the government to offer job under the scheme as drought hit the area but no job was available. After rice distribution stopped in July, he found extremely difficult to manage food and life, and got ill in October.

I am of the opinion that Laxman’s death clearly explains how the government’s neglect and corruption drives a poor to death. I am aware that there are more villagers who face same fate, children, widows and elderly especially.

I therefore, urge you to provide all delayed foodgrain and other social security schemes to all beneficiaries under your jurisdiction. The administration should take immediate step to implement all to prevent further death and hunger. It is not enough to send one official with some rice to the affected areas reported, but as your legal and administrative mandate, your authority should commit exactly what laws and policies say. I will continuously monitor and inform to the international society who is more concerned about hunger and food insecurity in India. I would like to remind you of the fact that the Government of India is legally binding to the international human rights laws and state governments and local administrations are the ones who are the main duty bearers to ensure freedom from hunger in national and international context.

I look forward to your immediate response in this matter.

Yours sincerely,
William Nicholas Gomes
William’s Desk
wwww.williamgomes.org

January 2, 2012

Mr. Frank La Rue
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax: +41 22 917 9006
Email: freedex@ohchr.org

Re: Egypt: National and International Human Rights Organizations are Under Attack

Dear Mr. Frank La Rue,

I am deeply concerned about reports of attacks against NGOs in Egypt. Egyptian security forces, in uniform and in civilian clothes, as well as public prosecutors, are reported to have stormed the offices of six NGOs this Thursday 29 December 2011: the Arab Center for Independence of Justice and Legal Professions (ACIJP) the Budgetary and Human Rights Observatory, Future Centre for Judicial Studies, the Cairo and Assuit offices of the National Democratic Institute (NDI), the International Republic Institute (IRI), and Freedom House. Egyptian public TV and radio stations announced later on the same day that security forces have raided the offices of 17 organizations, mostly human rights organizations. However, none of the news sources have identified these organizations or the reasons behind storming their offices.

The staff members of the six national and international organizations were investigated by public prosecutors inside their offices. Police forces searched through their papers, laptops and computers. Staff members of the six organizations were warned against using their cell phones, laptops, and computers, and were prevented from contact with the outside world. Additionally, authorities restricted access to the entire buildings where they are located, preventing people from entering or exiting. ACIJP offices have been closed and sealed by red wax by police forces.

Ahmed Ali Al Salakawi, researcher in the Budgetary and Human Rights Observatory, was arrested following the storming of the office. No further information is available with regards to the reasons of his arrest.

These attacks are taking place in the context of the larger campaign lead by the Supreme Council for Armed Forces (SCAF) and the Egyptian government starting in June 2011 against civil society organizations, and more specifically human rights groups, in Egypt. The NDI, IRI, and Freedom House have previously been investigated by the ministry of justice on charges of receiving foreign funding, while the Arab Center for the Independence of Justice and Legal Professions has not yet been investigated. Investigation of the Budgetary and Human Rights Observatory was due to start next Sunday, January 1, 2012. In this context, it is important to note that on December 21, and following the attack on the Cabinet sit-in on December 16, where the military used excessive violence to disperse protesters resulting in the killing of 18 protesters and the detention and torture of hundreds, the Minister of Justice declared that there is a link between the events and the civil society NGOs allegedly receiving foreign funds. The Minister implied that the “third party” responsible for the attacks on protesters during the events of Maspero, Mohamed Mahmoud Street, and the Cabinet Sit-In, are the human rights NGOs currently facing a smear campaign and being labeled as foreign agents.

I strongly condemn the ongoing crackdown on NGOs in Egypt and view it as a way in which these organizations might face trumped-up charges linked with criminal offenses, in an attempt to provide a scapegoat to provide impunity for the SCAF and Egyptian authorities and to silence voices critical of ongoing human rights violations. These attacks constitute a severe violation of the right to Freedom of Association, as provided in Article 22 of the UN Covenant on Civil and Political Rights and fall within the general policies of the government of Egypt and the SCAF to undermine public freedoms in the Country. During the past 10 months of military rule, the SCAF has been accused of conducting activities hostile to human rights and fundamental freedoms: the SCAF has been accused of using life ammunition against peaceful protestors, torturing political detainees, and referring more than 12000 civilians to military trials. I call on the SCAF and the Egyptian government to immediately halt its attacks on the above-mentioned NGOs and to refrain from attacking additional NGOs in Egypt.

I call on the United Nations, its Member States and regional bodies to condemn the serious attacks against NGOs in Egypt and widespread human rights violations carried out by the Egyptian authorities against civilians throughout the country.The international community must remind the Egyptian government of its international human rights obligations, urge it to fully respect the rights to peaceful assembly, freedom of movement and freedom of expression, and support the demands of the Egypt.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Cc:

Action for People’s Democracy (Thailand)

The African Centre for Democracy and Human Rights Studies (ACDHRS)

The Africa Democracy Forum (ADF)

Ain O Salish Kendra (Bangladesh)

Aitzaz Ahsan and Associates, Advocates and Attorneys(Pakistan)

Alkarama Foundation (Switzerland)

Angikar Bangladesh Foundation (Bangladesh)

Article 19

Asbestos Disease Awareness Organization 

Asian Citizen’s Center for Environment and Health-South Korea (ACCEH)

Asian Federation Against Involuntary Disappearances (AFAD), the Philippines

Asian Forum for Human Rights and Development (FORUM-ASIA)

The Asian Legal Resource Centre (ALRC)

Asia Monitor Resource Centre- Hong Kong (AMRC)

Bangladesh Occupational Safety, Health and Environment Foundation (OSHE)

Bahrain Centre for Human Rights

The Cairo Institute for Human Rights Studies (CIHRS)

Cambodian Center for Human Rights

Centre for Independent Journalism (Malaysia)

Centro de Estudios Legales y Sociales- CELS (Argentina)

Center for Health and Social Change- South Korea (CHSC)

Centre for Legal Awareness and Support (India)

Center for Trade Union and Human Rights (CTUHR), the Philippines

CIVICUS World Alliance for Citizen Participation

The Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR)

Collectif des Familles des Desparus en Algerie

Commonwealth Human Rights Initiative (CHRI)

Committee to Support Imprisoned Workers (South Korea)

Community Legal Aid Institute, (Indonesia)

Community Resource Centre- Thailand (CRC)

Conectas Direitos Humanos (Brazil)

DAGA Center for JustPeace in Asia (Thailand)

Damascus Centre for Human Rights

Democracy Coalition Project (DCP)

Democratic Workers’ Solidarity (South Korea)

The East and Horn of Africa Human Rights Defenders Project (EHAHRP)

Ecumenical Institute for Labor Education and Research, Inc.- Philippines (EILER)

Euro-Mediterranean Human Rights Network (EURMED)

Federation of Independent Trade Union- Indonesia (GSBI)

Franciscans International (Switzerland)

Freedom Against Censorship Thailand (FACT)

Friends of Women (Malaysia)

Human Rights Agenda (Nigeria)

Human Rights First (USA)

Human Rights Watch (HRW)

Imagination for International Solidarity- South Korea (IFIS)

Information & Culture Nuri for Disabled Koreans (South Korea)

International Commission of Jurists (ICJ)

International Federation for Human Rights (FIDH)

International Labor Rights Forum (ILRF)

International Service for Human Rights (ISHR)

Jagaran Media Center- Nepal (JMC)

Janasansadaya (Sri Lanka) 

Japan Occupational Safety and Health Resource Center

JINBONET (South Korea)

Justice for Peace Foundation (Thailand)

Korea Center for United Nations Human Rights Policy- South Korea (KOCUN)

Korean Federation of Medical Groups for Health Rights- South Korea (KFHR)

Korean House for International Solidarity- South Korea (KHIS)

Lawyers for Liberty (Malaysia)

The Lebanese Center for Human Rights (CLDH)

Maldives Democracy Network (Maldives)

MINBYUN-Lawyers for a Democratic Society(South Korea)

Muntada – Arab Forum for Sexuality Education and Health (Palestine)

Network of Accessible Environments for All (South Korea)

Open Society Foundations

The Other Media (India)

Palestine Peace Solidarity of South Korea (South Korea)

Partnership for Justice (Nigeria)

People’s Health Movement (USA)

Peoples Training & Research Centre (India)

Persatuan Kesedaran Komuniti Selangor (Malaysia)

PILIPINA Legal Resources Center (Philippines)

RightOnCanada.ca

River, indigenous people and human rights watch Arunachal (India)

Sisters’ Arab Forum for Human Rights (Yemen)

Sisters in Islam (Malaysia)

Solidarity Against Disability Discrimination- South Korea (SADD)

Solidarity for LGBT Human Rights of Korea (South Korea)

Suara Rakyat Malaysia (SUARAM)

Thai Labour Campaign

Triumph International Thailand Labour Union (TITLU)

Try Arm Underwear – Self-Managed Worker Cooperative (Thailand)

Unitarian Universalist Service Committee

U.S. Campaign for Burma

Vikash (India)

VISION (Pakistan)

Western African Human Rights Defenders Network (WAHRDN)

Women’s Aid Organization (Malaysia)

Women for Women’s Human Rights – New Ways (Turkey)

The World Organization Against Torture (OMCT)

World Student Christian Federation Asia Pacific (Hong Kong)

The World Without War (South Korea)

Zi Teng (Hong Kong)

Download : National and International Human Rights Organizations are Under Attack

Dear President of Pakistan,

I am writing to voice my deep concern regarding the abduction of Mohan Lal Meghwar, a Hindu lawyer from Mirpurkhas, Sindh province, on December 23 and since then the Sindh police are refusing to register the FIR on the pretext that Hindus abductions are nothing new as they are happening as a routine business of Muslim seminaries.

I am informed that Mr. Mohan Lal Menghwar, advocate, son of Karo Mal, resident of village Bhadisindhu, Chachro, district Tharparkar, Sindh province, was on the way to Sindh high court, Hyderabad bench, Hyderabad district, 56 kilometers away from his residence to attend the court proceedings. He proceeded in early morning at 5. 30 AM but when he did not reach the court it created a panic among the lawyers, clients and family members. In the evening at 7 PM local police informed the family that a car was found abandoned at Tando Jam taxi stand. When family members reached there they found the car of Mohan Lal and everything including the court files were there.

The negligence of Sindh police can be judged that Police from three different stations of Tando Adam, Tando Jam and Hyderabad, stopped the family members of the victim to file first information report (FIR) and wait for the abductors’ demand for ransom. After two days of his disappearance the police of Hyderabad district flatly refused to register the case. The district police officer says they would not file the case as one cannot say from which jurisdiction of which police station he was abducted. He told the family members that he was abducted from some other place and his car was put in the Tando Jam taxi stand therefore it is difficult to file the case.

It is shocking that Mr. Ladha Ram Sharma, the senior lawyer of the victim, has received a call from abductors for the ransom of Rupees 10 Million for his release. This was duly informed to the police who again refused to file the case. Police were taking the call of ransom very lightly and till yet not started its legal responsibility to act according the law. The police attitude is to accommodate the call of ransom.

According to my knowledge it is alleged that provincial police know that he has been abducted by the Muslim religious groups who are operating freely in the areas of Hindu population in the rural parts of the province through the seminaries. The forced conversion to Islam by abduction of girls and their forcibly marriage to Muslims are common. The situation of abduction, rape and forced conversion has reached such a position that many Hindu families migrated to India among them are also Hindu legislators.

I urge you to ensure the safe recovery of Mohan Lal advocate and prosecute the police officers of Hyderabad, Mirpurkhas and Tharparkar districts for their negligence to register the case and no investigation to apprehend the abductors. Also initiate the inquiry in to the matter of continuous abduction and forced conversion to Islam in Sindh province and negligence of law enforcement agencies to stop the practice.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

Download : PAKISTAN A lawyer from Hindu community is missing

December 29, 2011

Mr. P. Chidambaram
Home Minister
Griha Mantralaya
Room No. 104, North Block
Central Secretariat, New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763
E-mail: hm@nic.in

Re: Stop burning down huts at Loktak Lake in Manipur to account for corruption

Dear Home Minister of India,

I am writing to express my concern regarding the arbitrary police action by the Manipur state police on 19 December against a group of protesters demanding the forced eviction and burning of huts at Loktak Lake in Manipur.

At least 10 women from the Meitei community in Manipur in India’s North East campaigning against the controversial Manipur Loktak Lake Protection Act, 2006, were seriously injured in the brutality unleashed by the Manipur state police at Thanga Chingjin, Manipur on 19 December 2011. All the injured women were taking part in a protest rally, organised by the All Loktak Lake Fishermen’s Union and the All Manipur Thanga People’s Welfare Association demanding the repeal of the Manipur Loktak Lake Protection Act, 2006, under which the Loktak Development Authority and the Manipur police have unleashed widespread arson and destruction of floating huts over Phumdis, a floating vegetation mass, in Manipur since 15 November 2011 despite stiff opposition by the affected families.

The protest rally commenced from Thanga Chingyang Hill until the Manipur police stopped it at Thanga Chingjin in Bishenpur district. The Officer-in-Charge of Moirang Police Station, Mr. Dhananjoy was leading the police. The police in an attempt to disperse the protestors resorted to baton charge, physical assault and even firing of about 200 live rounds. The incident has caused shock and panic among the community members, who are already under shock from the burning of their houses. No women police officers were involved in the crackdown of the protest, which mostly comprised of women and elderly people. This is a clear violation of the Criminal Procedure Code 1974. The police physically assaulted the women in the incident.

The injured women were taken to Community Health Centre Moirang. One of them, Ms Oinam Akasini, wife of Oinam Tomba is in a serious condition and has been referred to the Regional Institute of Medical Sciences. The condition of Ms Khwairakpam Thambalmala and Ms Heisnam Ashangbi also is serious and they are advised to undergo further medical checkups.

During the protest rally at Thanga, the protesters demanded the repeal of the Loktak Lake Protection Act 2006 and demanded that the prohibition for fishing and building huts in Loktak Lake to be withdrawn by the state government. They were also protesting against the absence of free, prior and informed consent of the indigenous communities living in the Loktak wetlands in the management and protection measures taken concerning the Lake and against the restrictions imposed upon the communities over the use and dependence on lake. A vital aspect of this division is the ban on building huts or houses on phumdis inside the lake, planting athaphum, or engaging in athaphum-fishing in the core area.
 

The prohibition will adversely affect over 10,000 people living in phumdi huts, as well as others dependent on Loktak Lake. Sections 19 and 20 of the Act, divides the Lake into two zones – a core zone comprising 70.30 sq km, which is declared a ‘no development zone’, or ‘totally protected zone’, and a buffer zone of other areas of the lake excluding the core zone.

The police action targeting the indigenous women defending their right to life and survival means is a direct violation of their rights as human rights defenders. The incident also violates the Convention on the Elimination of all forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The failure to seek consent of the affected communities before the enactment or the eviction drive is a form of discrimination targeting marginalised communities.

It also violates the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Elimination of all Forms of Racial Discrimination. The arson and destruction of floating huts and livelihood of the indigenous people living in Loktak Lake constitute a serious violation of the “right to life”, “right to adequate housing” as guaranteed by the Constitution of India and as provided in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The burning of huts of the indigenous people depending on the Loktak Wetlands for survival violates the Ramsar Convention, in particular resolutions VII. 8 of Ramsar Convention’s Conference of contracting parties held in May 1999 at Costa Rica and Resolution VIII. 19 held in Spain in November 2002. The two documents provide guidelines for establishing and strengthening local communities and indigenous people’s participation and to consider the cultural values of wetlands in the management of wetlands. India is a contacting party to the convention since 1 February 1982.
Nearly the Loktak Development Authority and the Manipur police have already burnt 1147 floating huts since 15 November 2011. These floating huts were used by the indigenous Meitei people for fishing and also as a refuge for landless people who were earlier displaced by the Ithai Barrage of the Loktak Multipurpose Hydroelectric Project, which has inundated nearly 80,000 Hectares of prime agricultural land since its commissioning in 1984.

The fishing gears and nets of the communities, the only survival means to catch fish from the Loktak wetlands were also burned which has left the community in further misery. For generations people have been living in floating huts in localities like Khuman Yangbi, Nambul Machin and Karang Sabal within the Loktak Lake. The affected family members including women, children and the elderly had been seeking refuge at Thanga Chingyang Community Hall in Bishenpur district, Manipur.
Each household was offered Rs. 40,000 as compensation by the government before their huts were burned. However, most of the villagers rejected this payment, as the amount is not adequate to compensate their livelihood and survival means. In addition, there is no process to rehabilitate the affected villagers and their right to free, prior and informed consent has not been sought so far. The worst of all is that in many cases, the police at gunpoint had been forcing the displaced families to set on fire their huts.
The government of Manipur, though its Loktak Development Authority has been blaming the indigenous peoples dwelling in Loktak lake for polluting and causing contamination of the Lake. However, the Ithai Barrage of the Loktak Multipurpose Hydroelectric Project, commissioned in 1984, has led to large-scale devastation of Loktak wetlands, its ecosystem, loss of indigenous plant and faunal species, disturbance of the wetlands natural balance and cleansing system leading to pollution and an alarming increase in siltation from the rivers.

Despite all these, the national and Manipur governments in their official publications and calendars, highlight the phumdi and the people living on floating huts, as a tourist attraction. During the current Sangai Tourism Festival (21-30 November 2011), the Loktak Lake and traditional floating fishing community has been also showcased. Experts attending the one day discussion on “Contradictions of Ramsar Conventions Standards and Guidelines with Loktak Wetlands Management in Manipur” organised by the All Loktak Lake Areas Fishermen’s Union and All Manipur Thanga People’s Welfare Association at the Conference Hall of Manipur State Central Library, Imphal on 17 December had recommended the repeal of the Manipur Loktak Lake Protection Act, 2006.

I am aware that the National Human Rights Commission has directed the Government of Manipur to institute an inquiry by the Central Bureau of Investigation into the corruption concerning the clearing of phumdi by a company named K Pro Infra Works Private Ltd. A report about the fictitious company and the millions those associated with the dredging project reported in an independent investigative magazine Tehelka is reproduced below for your information:

The Lake And The Fake Firm

Why was a Rs 224-cr project to clean up Manipur’s Loktak Lake given to a ghost outfit, asks Kunal Majumder.

The author can be contacted at kunal@tehelka.com
The original article published in Tehelka Magazine, Vol 7, Issue 13, Dated April 03, 2010, could be viewed at www.tehelka.com/story_main44.asp?filename=Ne030410the_lake.asp

At a grandiose function in Imphal on January 6 this year, Manipur Chief Minister Okram Ibobi Singh handed over the ceremonial keys of the Rs 224 crore-Loktak Lake clean-up project to representatives of a company that does not exist. On paper, K Pro Infra Works Private Ltd, which won the contract, has a Delhi address. But on the ground, Flat No A-104, Plot No 29 (New Friends Apartment), Sector 6, Dwarka, is a private residential property with no one currently living in it. Guards at Plot No 29 say a lot of people visit the flat, though it is not known who these itinerant visitors are. “They stay only for a few days,” said one of the guards who asked not to be named. Significantly, while the address of K Pro Infra Works figures in the Ministry of Corporate Affairs website, information like the “company” website and its phone number is missing.

The clean-up project involves removing 132.94 lakh cubic metres of phumdis – the local name for the thick biomass that is filling up the largest fresh water lake in the Northeast, around 40 km from Imphal.

Deferring to an age-old ritual, the 62- year-old Ibobi Singh watched a K Pro Infra Works dredger scoop out the phumdis and load the waste onto a truck – after which he left. And the photo-ops over, so did the dredger, the trucks and the representatives of K Pro Infra Works. But considering it was registered only on June 22, 2009 and has a paid-up capital of just Rs 10 lakh, it must be asked how the “company” managed to buy dredgers costing Rs 40 lakh each. A press release of the Loktak Development Authority (LDA) claims that K Pro Works Private Limited (the word ‘Infra’ dropped) is a joint venture with Progressive Constructions Limited which posted a gross turnover of Rs 1019.91 during 2007-08. It isn’t clear whether this is a typing error or the real figure, as neither the company nor LDA is willing to comment.

THE OTHER puzzle is that while Ibobi Singh cut the red ribbon on January 6, the on-paper process of cleaning up the lake had started nearly two years ago. This was the same period – spanning 2008-09 – when the Planning Commission made a Special Plan Assistance (SPA) of Rs 25 crore to Manipur for “conservation and management of Loktak Lake and associated wetlands”. In the progress report submitted to the Planning Commission (a copy of which is in TEHELKA’s possession) the Project Director of Loktak Development Authority (LDA), Thounaojam Ibobi Singh, claimed that Rs 16.5 crore was given to K Pro Infra Works Pvt Ltd as “mobilisation advance” for phumdi management.

But the lie is easily nailed. For again, how can a contract be given in financial year 2008-09 (that ends on March 31, 2009) to a company that was founded in June 2009? The final Utilisation Certificate issued by LDA shows that, in all, Rs 17.8 crore has so far been spent on phumdi, water and project management and administration; and the remaining Rs 7.2 crore on conservation and the management of Loktak Lake and associated wetlands.

On November 20, 2009, DS Poonia, Chief Secretary in the Manipur government, had sought an additional Rs 65 crore for the project from the Planning Commission under the Special Plan Assistance 2009-10. Sarvan Kumar, Director, Special Plan-North East at the Planning Commission, confirmed to TEHELKA that the amount requested had been sanctioned. Poonia’s letter to SN Brohmo Choudhury, Adviser, Special Plan (North-East), Planning Commission, reveals that the Commission had sought detailed information on the project. Among other things, it had wanted to know the steps that had been taken to engage an accredited institution for third party monitoring. It was also suggested that the government too should closely monitor the project work and submit its reports to the Planning Commission.

The government’s response was depressingly familiar. It merely set up two committees to “look into the matter”.

Indeed, all the paper trails and local media reports point strongly at the possibility of a major scam brewing in Imphal. Coincidentally, even as this report was being filed, a senior Manipur Cabinet minister was in Delhi at the invitation of the Congress leadership to discuss with Rahul Gandhi the corruption charges against the CM, and how the list keeps getting fatter. Requesting anonymity, the minister said: “I did present evidences to various senior Union ministers and party leaders about the way the Chief Minister is minting money in the state.” He even alleged that K Pro Infra Works was actually owned by a top politician’s ‘natural’ son.

Repeated attempts to get a response from the Chief Minister failed. Diana Potsangbam, press officer of LDA, said the project director, Thounaojam Ibobi Singh, could not speak till he had the consent of the CM and directed this correspondent to check LDA’s website www.loktak.org which is in Russian! (This website is not in operation anymore).

Now how does one interpret this?

Despite all this, the State Government of Manipur appears to be determined to evict the families living for the past few generations on the Lake.
 

I therefore request you:

1. Repeal the Manipur Loktak Lake (Protection) Act, 2006;
2. The Government of Manipur should provide immediate alternate relief for the affected landless fishermen living on phum huts inside the Loktak Lake for ages and who are currently seeking shelter at Thanga Haoreng Chingyang community hall after the burning of their floating huts in November 2011 to ensure their reparation and redress;
3. The fishing community living at Thanga, Karang and other peripheral areas of the Loktak Lake should be allowed to build adequate number of floating huts/phums huts inside the lake so as to provide shelter during storm, heavy rains and in summer and also to promote the cultural heritage of the indigenous peoples of Manipur;
4. Provision of land for the landless fisher folks who are displaced by the recent burning of their huts by the state government;
5. No part of the Loktak Lake should be declared as fishery;
6. Formulate Loktak Lake Fisher folk Rights and Welfare Act;
7. As per resolution VII. 8 of Ramsar Convention’s Conference of contracting parties held in May 1999 at Costa Rica and Resolution VIII. 19 held in Spain in November 2002, which provides guidelines for establishing and strengthening local communities and indigenous peoples participation and to consider the cultural values of wetlands in the management of wetlands, the Government of India and Government of Manipur to ensure that all management, protection measures of Loktak Lake should be with due participation and consent of all communities depending on Loktak Lake for survival;
8. Review Loktak Multipurpose Hydroelectric Project towards a fair and objective process with the aid of international cooperation and the decommissioning the Ithai Barrage;
9. Urge the Government of India to urgently invite a Ramsar Advisory Mission for Loktak Lake in order to assess the increasing threats to its ecological character and recommend appropriate effective steps to ameliorate them;
10. Implement indigenous people’s Right to Free Prior and Informed Consent before introducing any mega development policies and projects in Manipur in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

Download: Stop burning down huts at Loktak Lake in Manipur to account for corruption

December 28, 2011

Mr.Rick Perry

Governor of Texas

Office of the Governor
State Insurance Building
1100 San Jacinto
Austin, Texas 78701

Re: Secure the   rights of Esther Garatie

Dear Governor Rick Perry,

I have received new information and request your urgent intervention in the following situation in Dallas, Texas.

I have been informed by reliable sources that Esther Garatie is a Marine veteran, wounded in service to her country and honorably discharged from the Marines as a result.

Esther Garatie walked into a mental health clinic at the Dallas VA Medical Center on October 12, 2011 and was seen by a nurse practitioner named Lincy T. Pandithurai. Nurse Pandithurai subjected Esther to a vitriolic, hateful rant that lasted three hours on the topic of Esther’s sexual orientation. Ms. Pandithurai told Esther that the only reason she’s depressed is because she’s gay.

When Esther broke into tears, Ms. Pandithurai announced that her tears were clearly a manifestation of guilt over her sexual orientation. Ms. Pandithurai stated that Esther is living in darkness and needs to “return to the light.” She also told Esther that there are churches now that “actually accept homosexuals and can help you get your life back on track and stop choosing to be gay.” She further stated that “homosexuality used to be a diagnosis until recently, but they changed it because of Obama.”

This is only a brief sample of the verbal and psychological abuse Esther was subjected to. As a result of this mistreatment, Esther left the VA in far more danger of harming herself than when she entered.

The American Psychological Association, the American Psychiatric Association and the American Nurses Association have all stated publicly that homosexuality is not a choice and is not pathological. So-called “reparative therapy,” which Ms. Pandithurai seemed to be attempting in brief, has also been condemned by these same organizations as ineffective and potentially damaging psychologically.

Nurse Pandithurai was operating as an employee of the U.S. Government, a mental health professional, and a licensed Nurse Practitioner. Her treatment of Esther violated laws and ethics governing all of these roles. The Establishment Clause in the First Amendment prohibits the government, and thus any government employee acting in her professional capacity, from endorsing any particular religion or, indeed, religion at all. Clearly Ms. Pandithurai is acting in violation of U.S. Constitutional law. She is also practicing in violation of state law in the form of Texas’ Nursing Practice Act, Sec. 301.452(b)(10) and 301.452(b)(13).

Governor Rick Perry. I want share some good precedents regarding LGBT rights in the United States.

On June 28, 2000, the Supreme Court of the United States ruled that the Boy Scouts of America had a First Amendment right to exclude people from its organization on the basis of sexual orientation, irrespective of any applicable civil rights laws.

On May 20, 1996, the Supreme Court of the United States ruled in Romer v. Evans against an amendment to the Colorado state constitution that would have prevented any city, town or county in the state from taking any legislative, executive, or judicial action to protect homosexual or bisexual citizens from discrimination on the basis of their sexual orientation.

In Wisconsin v. Mitchell (1993) the Supreme Court unanimously held that state penalty-enhancement laws for hate crimes were constitutional and did not violate First Amendment rights to freedom of thought and expression.

I strongly condemn the acts of harassment against the Esther Garatie , which blatantly violate regional and international instruments on human rights that guarantee freedom of expression, in particular the International Covenant on Political and Civil Rights.

I request to order an official investigation on the said matter as early as possible and take proper action.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Download: Secure the rights of Esther Garatie

December 28, 2011

Mr.Steve Beshear

Office of the Governor

700 Capitol Avenue, Suite 112

Frankfort, KY 40601

E-mail: Elizabeth.Roach@ky.gov

Fax: (502) 564-0437

Re:Child with symptoms of autism subjected to cruel treatment for misbehavior in school

Dear Governor Beshear,

I have received new information and request your urgent intervention in the following situation in Mercer County, Kentucky.

I have been informed by reliable sources that Chris Baker, a nine year old autistic student, was told by his special education aide to climb inside a bag intended for therapeutic purposes as a punishment to “control his autistic behavior” on 14 December 2011.

He was placed in the bag with the drawstring tightened and left in the hallway in the school. When his mother, Sandra Baker, was called to the school to get her son, she demanded that he be removed from the bag right away. The teacher struggled to undo the drawstring, and Chris emerged sweaty and non-communicative.

According to the teacher, this had been done several times over the last year, but Sandra didn’t know until this latest incident. While she met with state officials on Monday 19 December 2011 before a possible meeting with school officials, there is no guarantee that those meetings will prevent this kind of abuse from happening again — either to Chris or to other students.

Not only could this teacher’s actions — placing an Autistic child inside a bag not intended for confinement, and tightening the drawstring to keep him there, for punishment — could potentially have led to serious injury or death, but these actions were an egregious violation of the rights of any human being to be free from fear of abuse.

Governor Beshear ,If you think it’s wrong to tell an Autistic child to climb inside a bag not intended as an instrument of confinement and tighten it with a drawstring, which could potentially have led to serious injury or death, as punishment, then please sign this petition. This is wrong. This is abuse. It needs to stop.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Download :Child with symptoms of autism subjected to cruel treatment for misbehavior in school

One World Media Awards 2012

Established in 1989, the One World Media Awards are presented across 13 categories, including Documentary, Television, Radio, New Media, Children’s Rights and Student Achievement.

Entries for the 24th annual One World Media Awards, to be held on Tuesday 8th May 2012 at Kings Place in London, are now open until the closing deadline of 30th January 2012. This year we’re launching a special early bird rate for entries submitted by 3rd January 2012, so get your submissions in early.

As always, the 2012 Awards will showcase the best British media coverage of the wider world. Work from all media platforms and a wide range of genres is celebrated at our annual ceremony, the foremost international media awards event in the UK.

This year, in recognition of changing times, we have introduced the News Award and the Sustainable Development Award.

Notable winners in 2011 included Lindsey Hilsum, who was named Journalist of the Year; the team behind Blood, Sweat and Luxuries, who won the Popular Features Award two years in a row; and Press Award winner Real Life Inside Helmand, by the Guardian’s Jonathan Steele. The Drama Award went to Channel 4′s The Promise. Clickhere to see all the winners and nominees and the jury panels in 2011.

December 27,2011

Prof. Dr. Sadeka Halim

Information Commissioner
Information Commission Bangladesh

Archaeology Building (2nd Floor)
F-4/A,Agargaon Administrative Area

Sher-E Bangla Nagar

Dhaka-1207 Bangladesh.

Telephone: +88-02-9110675 (Office)
Fax:+88-02- 9110638
E-mail: sadeka@bangla.net

Re: Request for the contact details of the designated Officer in Rapid Action Battalion(RAB)

Dear Prof. Dr. Sadeka Halim,

I am William Nicholas Gomes, a journalist and human rights activist in profession.With the provision and procedures and entitled rights narrated in the Right To Information Act, 2009 Bangladesh , I want to apply for the bellow information to the Rapid Action Battalion(RAB)

1. Israel made 9mm Submachine gun uzi which is frequently used by the Rapid Action Battalion (RAB) on which capacity and on the basis of what RAB had purchase the said arms although Bangladesh does not have any diplomatic relations with Isreal.
2. Also I want to request for the specific and details information about purchase details of the arms listed bellow that is used by RAB a)Browning M1911 .45ACP caliber Semi-automatic pistol

   b)SIG Sauer P226(or P228 or P229) 9mm caliber Semi-automatic pistol

   c)BD-08 7.62mm caliber Assault rifle

   d)Type 56 7.62mm caliber Assault rifle

   e) Heckler & Koch MP5 9mm caliber Submachine gun

   f)Type 85 7.62mm caliber Sniper rifle , Remington 870

   g)12gauge caliber Semi-automatic shotgun

   h) Type 97-1 12gauge caliber Semi-automatic shotgun

   i)Type 69-1 , 40mm caliber Rocket-propelled grenade

   With clear conscience as a responsible citizen of the country , I want seek for the information with the lawful rights narrated within the Right to Information Act, 2009 .

   I assume the government has spoiled the money of the people of Bangladesh buy purchasing the said expensive weaponry for the countries of origins of the arms .

   I also ask the interrelated authorities exactly how much amount money the government has invested until date to purchase the said listed weaponry for the elite force RAB.

   Accordingly I want to seek to the Rapid Action Battalion(RAB) to supply me the specific details of the spending of the forces on purchasing the listed weaponry for RAB . Please guide me to seek the said information . Specifically whom I should write to get the information.

I will request you please provide me the contact details of the designated Officer whom I can official ask for the information.I prefer to seek for the information through email , please kindly include the email address of the designated officer. If there is no one to seek information on RAB , please provide me the contact details of the right person to see the information.

Sincerely

William Nicholas Gomes
Journalist & Human Rights Activist
80/ B Bramon Chiron, Saydabad,
Dhaka-1203, Bangladesh.
Cell: +88 019 7 444 0 666
E-mail:Williamgomes.org@gmail.com,editorbd[at]gmail.com
Skype: William.gomes9
Face book: www.facebook.com/williamnicholasgomes
Twitter: twitter.com/williamgomes
Web site :www.williamgomes.org

Download : Request for the contact details of the designated Officer in Rapid Action Battalion(RAB)

December 25, 2011

President Barack Obama
President of the United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Fax: +1-202-456-2461

Dear Mr. President,

On the very day of Christ mass , I am writing to you with hope that you will do justice to the family  of Danny Chen .

While others are enjoying the very day , Chen family is in  deep sorrow.

I wonder you may not recognized  Danny .It is the  Danny Chen of the 3rd Battalion, 21sr infantry regiment of the 1st Stryker Brigade Combat Team of the 25th Infantry Division  who was deployed to Afghanistan.

On October 3, 2011,  Danny Chen died, but not from combat injuries.  He was found dead in the living quarters of the army base where he was stationed in Afghanistan with an alleged gunshot wound below his chin.

Mr.President ,  surely Danny will not come back , but the community deserves to know the truth in a timely manner as to the circumstances leading to  Danny’s death and the cause of his tragic death.

Mr. President , the greatest horror is that Danny Chen was allegedly subjected to this abuse by eight other Americans wearing the uniform of the United States of America.

Mr.president, Everyone is a Foreigner somewhere, that your soldiers should know . According to the available information and media reports it is primarily clear that Danny was victim  of racism, racial discrimination  related intolerance and xenophobia by his fellow officers.

I  respectfully ask you  to uphold the rule of law and its obligations under international law in ensuring effective investigation into murder of Danny Chen.

It is indeed a fundamental tenet of the rule of law and also of criminal law that it applies to all equally irrespective of origin or status. Danny chen was also subjected to  serious mental torture , the prohibition of torture is a higher norm of international law (ius cogens) owed to all states (erga omnes) who should take actions bringing them to an end.

I urge you please comply with the provisions of the United Nations International Convention on the Elimination of All Forms of Racial Discrimination,especially:

Article 5 -In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

(a) The right to equal treatment before the tribunals and all other organs administering justice;

(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;

(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

(d) Other civil rights, in particular:

(i) The right to freedom of movement and residence within the border of the State;

(ii) The right to leave any country, including one’s own, and to return to one’s country;

(iii) The right to nationality;

(iv) The right to marriage and choice of spouse;

(v) The right to own property alone as well as in association with others;

(vi) The right to inherit;

(vii) The right to freedom of thought, conscience and religion;

(viii) The right to freedom of opinion and expression;

(ix) The right to freedom of peaceful assembly and association;

(e) Economic, social and cultural rights, in particular:

(i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;

(ii) The right to form and join trade unions;

(iii) The right to housing;

(iv) The right to public health, medical care, social security and social services;

(v) The right to education and training;

(vi) The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.

Article 6-States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
Article 7- States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.

Accordingly I ask you please ensure a proper investigation of the alleged murder of Danny Chen and lets us know what happened to Danny.

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by United States of America.

I thank you in advance for your attention and consideration.

Yours sincerely,

William Nicholas Gomes
William’s Desk
www.williamgomes.org

Dear Chairperson of  National Human Rights Commission of India,

I have been informed by the International Secretariat of OMCT and  Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the alleged rape of the about 16- year-old girl Guria Halder (name changed) from the village of Simulpur, West Bengal, and the subsequent alleged assault faced by her mother.

According to the information received, Mr Monoranjan Majumdar is facing criminal charges for the alleged rape of Guria Halder in 2010 (Gaighata Police Station Case no. 284/2010 dated 31.8.2010). The suspect was arrested, but later released on bail. Since his release, he is threatening Guria Halder and her family pressuring them to withdraw the complaint against him. The victim’s family filed again a complaint against Mr Monoranjan Majumdar for threatening them (Gaighata Police Station Case no. 643/2011 dated 9.11.2011), but the police has up to date not undertaken any action.

On 1 December 2011 around 6:30 pm, Mr. Manjoranjan Mazumdar accompanied by Mr. Rabi Roy and Mr. Suranjan Roy allegedly stopped Ms Kajal Halder, the mother of the alleged rape victim Guria Halder, while she was returning from the market. She was threatened in order to force her to withdraw the earlier rape complaint against Mr. Manoranjan Mazumdar. When Ms Kajal Halder did openly disagree with the three men, they brought an iron rod from a nearby shop and hit her fiercely on the head, hands and legs. As a result of the assault Ms Kajal Halder fell to the ground unconscious and the assailants left the spot. Ms Kajal Halder was taken to the hospital.

After several attempts by the daughter Guria Halder and subsequently by the mother Kajal Halder to report the incident to the police, the police finally filed a complaint against the three men, but allegedly under a lighter penal provision than the serious allegations would demand, so that the men could obtain bail. The men are currently out on bail further jeopardizing the physical and psychological integrity of the family Halder, including both victims.

I am  gravely concerned about the reports that the investigation officer of the Gaighata Police Station is yet to complete the investigation of the rape case and the impunity enjoyed by the perpetrator. The reported violence faced by both women is sufficiently serious to pursue a thorough investigation to protect the family Halder against further threats.

I  would like to reiterate that the State has an obligation under international law to prevent, prosecute and punish acts of violence with due diligence, irrespective of whether these acts have been committed by State or non-State actors.

I request you please guarantee, in all circumstances, the physical and psychological integrity of the victims, including access to appropriate medical assistance if necessary, and ensure her protection as well as of her family.

I urge you to Carry out a prompt, effective, thorough, independent and impartial investigation into the above-mentioned allegations, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

I also request you to ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victim concerned.

More generally please ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Dear President Alexander Lukashenko,

I have received new information and requests your urgent intervention in the following situation in Belarus.

 I  have been informed by reliable sources that the Belarusian Ministry for Taxes and Duties has asked to initiate the process of closing down the Belarus Helsinki Committee (BHC), one of the few formally registered human rights organisations in Belarus.

According to the information received, on December 21, 2011, Mr. Aleh Hulak, BHC Chairman, was informed by the Ministry of Justice that it had been requested by the Ministry for Tax and Duties to dissolve the organisation.

According to Article 29 of the Law on Non-Governmental Organisations (NGOs), the decision to dissolve an organisation requires two warnings issued by the Ministry of Justice for the same offence during the year.

On January 12, 2011, the BHC received a written warning from the Ministry of Justice for violating the Law on Civic Organisations and Mass Media and for spreading dubious information discrediting the law enforcement and justice agencies of Belarus. At issue was a letter that the BHC sent on January 11, 2011 to the United Nations Special Rapporteur on the Independence of Judges and Lawyers detailing the intimidation faced by lawyers representing opposition leaders arrested on December 19, 2010.

On June 6, 2011, the BHC received a second warning for violation of tax law. It is requested to pay more than 240 million Belarusian rubles (about 21,842 euros) of taxes and fines for receiving a grant from the European Commission in 2002-2003.

The BHC appealed both warnings to the Supreme Court, but none of them was answered.

I  expresse my  deep concern about the process that was initiated to close down the Belarus Helsinki Committee, which it considers as merely aiming at sanctioning its legitimate human rights activities. Accordingly, I urge the Belarusian authorities to refrain from harassing the Belarus Helsinki Committee and, more generally, human rights defenders in the country, and to guarantee their rights to freedoms of association and expression.

I urge you put an end to all forms of harassment against members of BHC as well as against all human rights defenders in Belarus and ensure that they are, in all circumstances, able to carry out their work freely without any hindrances;

Please comply with all the provisions of the United Nations Declaration on Human Rights Defenders, , adopted on December 9, 1998 by the United Nations General Assembly, in particular with:

- its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”;

- as well as its Article 12.2, which states that “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”.

Also comply with paragraph 8 of the OSCE Parliamentary Assembly Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, which states that OSCE Participating States recognise “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”;

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Belarus.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Dear President of Belarus,

I condemn the sentencing of Mr. Valiantsin Stefanovich, Vice-Chairman of the Human Rights Centre “Viasna”, by to a fine of 53 million rubles (about 4,840 euros).

On December 16, 2011, another hearing took place against Mr. Valiantsin Stefanovich, during which the Partyzanski District Tax Inspection of Minsk sentenced him to a fine of 53 million rubles (about 4,840 euros). This case concerns the appeal lodged by Mr. Stefanovich against a ruling issued on October 19, 2011 requesting him to pay 4,75 millions Belarusian rubles (about 435 euros) in a case opposing him to the tax inspection of Minsk Partyzanski District, on the basis of Article 13.6 of the Administrative Code (“non-payment or incomplete payment of taxes”).

The Tax Inspection alleged that Mr. Valiantsin Stefanovich failed to declare sums of money that it considered as “personal incomes”. These sums, which were transferred on bank accounts in Lithuania by international organizations such as Amnesty International and the Danish Institute for Human Rights to support the activities of Viasna, were however used in the framework of the activities of the Human Rights Centre (HRC) “Viasna”.

The authorities of Belarus were able to open this case against Mr. Stefanovich following the transfer of some banking information by the Lithuanian Ministry of Justice to the Ministry of Dues and Taxes of Belarus, as was the case for Director of Human Rights Center Viasna Ales Bialiatski, who was condemned to 4,5 years imprisonment on November 24, 2011. The fact that the information passed by the Lithuanian Ministry of Justice to the Belarusian authorities was incomplete (as stated in a letter from the Lithuanian Ministry of Justice dated of the end of August 2011) was not taken into account.

During the hearing, Mr. Stefanovich stressed that the administrative case against him was directly related to KGB pressure on the HRC “Viasna”, and recalled the letter of the Head of the KGB to the Deputy Prosecutor General of Belarus dated November 3, 2010, which stated that the “radical opposition” was financed through “Viasna” and ordered an investigation on the activities of Viasna, and more particularly of Messrs. Bialiatski and Stefanovich.  He also added that tax inspectors had been checking his accounts and those of his relatives for years, and had always failed to find any discrepancies between profits and expenditures.

Indeed, I recall that the authorities have been hunting Mr. Stefanovich’s resources over the past years. Since 2008, he has been asked on several occasions to provide his tax returns, including a tax form on the total income he received over 10 years, although he had already presented all those documents to the district tax inspection.

I further denounces the blatant violation of due process and fair trial standards. On October 19, 2011, the Deputy Chief of the Tax Inspection Ms. Elena Kutnik, had indeed presented a “decree on administrative violation” to Mr. Stefanovich, in which the verdict had been already filed and signed.

Mr. Valiantsin Stefanovich stated that he will appeal against the verdict.

I strongly denounces the sentencing of and the ongoing judicial harassment against Mr. Valiantsin Stefanovich, which merely seem to aim at sanctioning his human rights activities and the activities of HRC Viasna, and deplores the continuing violations of fair trial standards against him.

I urge the Belarusian authorities to put an end to any kind of harassment – including at the judicial level – against Mr. Valiantsin Stefanovich as well as against all human rights defenders and, more generally, to conform with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, and to ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Belarusian Republic.

I urge you please conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:

 its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”,

 its Article 6 (b) and (c), which states that “Everyone has the right, individually and in association with others […] as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and [...] 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 its Article 12.2, which provides that “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” ;

Please ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Belarusian Republic.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Dear President of Kyrgyzstan,

I condemn the confirmation of the sentencing of human rights defender Azimjan Askarov to life imprisonment.

 On December 20, 2011, the Kyrgyz Supreme Court upheld the sentence to life imprisonment of Mr. Azimjan Askarov, a well-known ethnic Uzbek defender and Director of the human rights organisation “Vozdukh” (Air), which has been documenting police ill-treatment of detainees and monitoring the human rights situation in the province of Jalal-Abad, in particular the violent events in Bazar Korgon in June 2010. Mr. Askarov was found guilty of killing a policeman during violent clashes between Kyrgyz and Uzbeks in the south of Kyrgyzstan, following an unfair and politically motivated trial.

On December 21, 2011, Mr. Askarov, who remains arbitrarily detained in prison colony 47 in Bishkek, announced in a letter to the international community and international NGOs that he would start a hunger strike if a new investigation was not opened before January 9, 2012.

The Observatory recalls that on September 15, 2010, Mr. Azimjan Askarov was sentenced to life imprisonment after he was found guilty of killing a policeman. Other ethnic Uzbeks were also sentenced to long-term imprisonment. On November 10, 2010, the court of appeal upheld Mr. Askarov’s life sentence following a trial marked by irregularities.

I considers that the whole judicial case against Mr. Azimjan Askarov merely aims at sanctioning his human rights activities, and remains deeply concerned with the continuing arbitrary detention of Mr. Azimjan Askarov as well as with alleged acts of torture and ill-treatments he was subjected to while in custody.

Accordingly, I call upon the authorities of Kyrgyzstan to guarantee in all circumstances the physical and psychological integrity of Mr. Azimjan Askarov and to ensure his immediate and unconditional release since his detention is arbitrary as it only aims at sanctioning his human rights activities.

More generally,I reiterates its call for the full respect of the International Covenant on Civil and Political Rights in accordance with the Standard Minimum Rules for the Treatment of Prisoners, and urges the Kyrgyz authorities to conform with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, and to ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Kyrgyzstan.

I urge you please comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, especially:

 Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”,

 Article 6, which provides that “everyone has the right, individually and in association with others to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”,

 Article 9.1 which states that “in the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights”,

 and Article 12.2, which provides that “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”.

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Kyrgyzstan.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Dear Prime Minister of Cambodia,

I write to bring your immediate attention to Cambodia’s draft Law on Associations and NGOs (LANGO).The draft law poses a serious threat to civil society’s freedom of association and freedom of expression as it contains broad and vague provisions that could be used to arbitrarily deny registration or close NGOs or associations.

The main problems with the draft law are:

Registration remains compulsory despite repeated calls to follow international standards that registration be voluntary. Unregistered associations and NGOs are prohibited from operating. Mandatory registration undermines the right to freedom of association guaranteed by the Cambodian constitution, and Article 22 of the International Covenant on Civil and Political Rights, to which Cambodia is a party.

- Excessive registration and reporting procedures, which risk penalising and criminalising small organisations, associations, and community level networks, remain largely in place. A newly added clause allows the government to remove applicants that fail to submit a bank statement within 30 working days of notification of registration from the registration list. Such a decision, for which there is no appeal, will disproportionately affect groups operating at community- and commune- level, which often lack the resources to comply with these bureaucratic hurdles. They will also be vulnerable to prosecution for carrying out legitimate activities without the proper legal status.

- Concerns about a lack of legal safeguards, meaningful judicial review mechanisms, or right to appeal have not been addressed, and concerns regarding the vagueness of definitions in the original draft have not been dealt with. The only mention of an “appeal” in the original draft was a limited right of response by which applicants could correct “defect(s)” in their application if it was rejected. This has been completely removed in the second draft.

Any revisions should involve meaningful consultation with civil society organizations and aim to support their activities instead of creating a legal framework allowing for arbitrary closure of organizations or the denial of registration.

The 4th draft of the LANGO contains vague and unspecified terms that will enable the government to target critics by ordering their closure or denying them registration, the groups said. These terms should be clarified, and new and unnecessary barriers to the registration and operations of international NGOs should be eliminated. Furthermore, protections should be established to ensure that if an organization decides not to register, it is not denied legal status and therefore rendered incapacitated. Provisions placing burdensome notification requirements on community-based organizations should be removed.

Governments have a legitimate regulatory interest in providing benefits to organizations that become legal entities and preventing criminal activity. But such regulations cannot be used as a cover to undermine rights to freedom of association, expression and assembly, which are protected under the Cambodian constitution and international treaties to which Cambodia is a party.

The Cambodian context is critical for understanding the risk to Cambodia’s civil society should the current draft of LANGO pass, the groups said. Cambodian governance is still missing the checks and balances found in functioning democracies that limit arbitrary action by the executive branch of government. Government officials who react most harshly to NGO criticisms frequently are found to have a financial stake in the case at hand. Therefore, to argue that Cambodia should have a specific law on NGOs simply because other countries have one ignores the Cambodian government’s increasing actions to constrict public space for pluralistic debate and peaceful expression of views.

The fourth draft of LANGO fails to establish clear provisions to justify denial of registration to associations or NGOs. It violates Cambodia’s obligations under international law, such as under article 22 of the International Covenant on Civil and Political Rights, to which Cambodia is party. LANGO also fails to include clear and objective standards in articles 28 and 29 concerning suspension or termination of registration. Article 28 provides that domestic organizations can be “dissolved by court decisions” but no further details are given, leaving matters to the discretion of a judiciary where political interference is common.

There are no provisions for appealing a suspension or termination and the law lacks procedural safeguards such as advance notice of regulatory action, opportunities to resolve problems prior to termination or suspension, or limiting termination to a sanction of last resort. Such provisions are extremely worrisome given the political and governance context of Cambodia, which is characterized by endemic corruption, arbitrary application of punitive legislation and an absence of judicial independence, the groups said. The Ministry of Interior’s suspension in August of the NGO Sahmakum Teang Tnaut (STT) is a harbinger of the sudden, unilateral, and non-transparent actions this law will legitimize. The government has still failed to adequately indicate the legal basis for STT’s suspension.

Despite promises by the Cambodian government to eliminate mandatory registration, the fourth draft makes legal status dependent on registration, and thus essentially maintains the requirement. The fourth draft represents a bait-and-switch by removing the mandatory clause but then requiring an organization to register if it wants to obtain legal status. Without legal status, it is unclear under the draft law whether an association or NGO will be able to operate in Cambodia since that status is required to enter into legal contracts, open bank accounts, hire staff, import materials, and collaborate with partners “for implementing aid projects according to the existing laws.”

This arrangement effectively undermines respect for the right to freedom of association and cynically presents local associations and NGOs with the choice of either registering or facing constant bureaucratic roadblocks in their work. Although community-based organizations will no longer have to register, under article 5 of the draft law they will be required to provide prior written notice to local authorities who could be easily used to restrict their work.

While I recognize that governments have a legitimate regulatory interest in the activities of non-profit entities, there is a real risk the provisions of the law be used to undermine freedom of association, expression, or assembly.

I urge you please immediately revise or abandon the draft Ngo law .

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org