BK16 – free them all

US government report flags ‘significant human rights issues’ in India

21/03/2023 Asha

US government report flags ‘significant human rights issues’ in India

22/03/2023

Scroll.in / by Scroll Staff

The report was released nearly a year after US Secretary of State Antony Blinken expressed concern about the ‘rise in human rights abuses’ in India.
An annual report released by the United States government on Monday flagged “significant human rights issues” in India, including extra-judicial killings, torture and arbitrary arrests.
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Country Reports on Human Rights Practices for 2022

20/03/2023

By United States Department of State Bureau of Democracy, Human Rights and Labor

…
Arbitrary Arrest: The law prohibits arbitrary arrest or detention, however, police reportedly continued to arrest persons arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants…
Multiple courts denied bail to the majority of the 16 activists incarcerated on conspiracy charges related to the Elgaar Parishad Bhima Koregaon protests that Page 10 resulted in several deaths. The accused claimed the charges were politically motivated. In 2021, human rights activist and Jesuit priest Father Stan Swamy, age 84, died in a private hospital after contracting COVID-19 in prison and after being denied bail on medical grounds by an NIA special court. On August 10, the Supreme Court granted bail on medical grounds to Varvara Rao, age 82, a poet and human rights activist, and directed that he should not leave Mumbai without the court’s permission. On November 26, the Supreme Court affirmed the Bombay High Court’s order to release Anand Teltumbde, age 73, on bail on the condition that he remain within the Mumbai jurisdiction until the trial concludes. Additionally, activist Sudha Bharadwaj was released on bail in December 2021.
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Civic Freedoms in India ‘Repressed’: Global Monitor Civicus

17/03/2023 Asha

The Wire / by The Wire Staff

The section on India talks about the use of draconian laws like the UAPA and the use of the FCRA to target NGOs who do not toe the government’s line.
Civicus, a global civil society alliance, has kept India’s status as ‘repressed’ when it comes to civic freedoms in its new report, People Power Under Attack 2022. In 2018, India’s civic freedoms had been categorised as ‘obstructed’ – but it was downgraded to ‘repressed’ in 2019 has stayed in that zone ever since.
The section on India talks about the use of draconian laws like the UAPA and the use of the FCRA to target NGOs who do not toe the government’s line:
“In India, anti-terror laws such as the repressive Unlawful Activities (Prevention) Act have been systematically used by the government of Prime Minister Narendra Modi to keep student activists and HRDs – such as people the state alleges to have instigated violence in the village of Bhima Koregaon in 2018 – in detention.
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Read full report „People Power Under Attack 2022“

Bhima Koregaon Case: An Analysis Of The Legal Framework, Evidence, And Implication for Civil Liberties

12/03/2023 Asha

Journal of Legal Research and Juridical Sciences / by Olivia Hati, Yuvraj Singh

ABSTRACT
The Bhima Koregaon case refers to the arrests of several human rights activists and lawyers in India in 2018 for their alleged involvement in inciting violence during the Bhima Koregaon incident 2018. The Bhima Koregaon incident was a violent clash between Dalits (a historically marginalized community in India) and upper-caste groups in Maharashtra. The activists were accused of having links with Maoist organizations and were charged under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA), which allows for prolonged detention without bail and has been criticized for its potential for misuse. The case has been controversial, with many civil society groups and human rights organizations alleging that the arrests were politically motivated and an attempt to silence dissenting voices. The case has also drawn international attention, with several UN experts expressing concern about the treatment of the activists and the potential for human rights violations in the case.
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Video: “Plan to curtail civil society,” says Hany Babu’s wife Jenny Rowena

11/03/2023 Asha

en | 11:58min | 2023

Maktoobmedia.com / by Shaheen Abadulla

Jenny Rowena, the wife of jailed Delhi University professor Hany Babu, laments the situation of prisons in India and accuses that, as a society, we failed to have a social ethos that never undermines prisoners’ rights.
While talking to Maktoob‘s Shaheen Abdulla, she emphasized that medical negligence in prisons has led to serious conditions for Babu, who is booked under UAPA in the Elgar Parishad Bhima Koregaon case.
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Webinar: Human Rights Defenders in India – Examining the Elgar Parishad Case (March 2)

01/03/2023 Asha

By The American Bar Association International Criminal Law Committee

March 2, 2023
at 11:00 am EDT/10:00 am CST/8:00 am Pacific

The Declaration on human rights defenders was adopted by consensus by the General Assembly in 1998 after 14 years of negotiations. Despite the Declaration, human rights and environmental defenders all over the world continue to suffer significant harm as a result of their efforts to raise awareness on significant issues in their communities and within their states. This webinar will present the significant challenges that human rights defenders face in India, specifically focusing on the arrest of 16 activists, which included lawyers, sometimes referred to as the “BK 16.”
The panelists will discuss the events leading up to the criminal charges, the criminal charges, and the significant evidentiary issues that have already been discovered, and why these cases are critical in India at this time and how they could become critical for the rights of defenders everywhere around the world.

Admission to this webinar is free, but registration is required:
Register here

Also read:
● Preliminary Report: Arrest of Indian Attorneys and Activists in Apparent Retaliation for Human Rights Work (American Bar Association, Center for Human Rights / Oct 2019)

India Cries for Justice

25/02/2023 Asha

Countercurrents.org / by Cedric Prakash

In India, the cries for justice, are becoming louder and longer! They come from different segments of society and particularly from those who continue to be exploited and excluded!
… Human Rights defenders cry for justice! Thanks to those who have had the courage to stick their necks out for the poor, exploited and other vulnerable sections of society – that reality is still on the canvass! Many human rights defenders are still paying the price for their courageous and selfless deeds. The likes of Vernon Gonsalves, Arun Ferreira and others are still languishing in jail, in the Bhima- Koregaon conspiracy case.
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Podcast: Elgar Parishad case defies logic, creates perpetual sense of disbelief

08/02/2023 Asha

en | 38:57min | 2023

By All Indians Matter

The Elgar Parishad case, in which several activists have been accused of making speeches that led to violence in Bhima Koregaon near Pune in 2018, drags on. Dalit scholar Anand Teltumbde, lawyer-activist Sudha Bhardwaj and poet Varavara Rao have got bail, but only after spending years in prison. But others, such as Vernon Gonsalves, continue to languish behind bars.
Eighty-four-year-old Jharkhand-based tribal rights activist Father Stan Swamy, meanwhile, died in custody on July 5, 2021. What does this case tell us about human rights in India and about the effectiveness – or lack of it – of the judiciary?
Susan Abraham – a lawyer who’s been at the forefront of the legal battle, human right activist and wife of Vernon Gonsalves – speaks to All Indians Matter.

Listen to the podcast

Also read:
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 30, 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 30, 2018)

AI: India/Egypt: Ongoing human rights crisis in both countries must be addressed

26/01/2023 Asha

India/ Egypt: Ongoing human rights crisis in both countries must be addressed

26/01/2023

By Amnesty International

The Indian and Egyptian authorities must address the ongoing human rights and impunity crises in the two countries, Amnesty International said today, as India hosts Egyptian President Abdel Fattah El-Sisi as the chief guest at its Republic Day celebrations.
… In India, 16 Bhima Koregaon activists have been arrested since 2018 on fabricated charges under the Unlawful Activities (Prevention) Act (UAPA), a draconian anti-terror law. They have also faced an intense crackdown by the authorities for their work for marginalized communities.
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Also read:
● Act now to demand the release of the BK16! (Amnesty International, Dec 2022)

India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

24/01/2023 Asha

The UAPA Law – Curbing Terrorism or Stifling Dissent?

24/01/2023

By Hindus for Human Rights

(DESH-VIDESH CONVERSATION SERIES – SPEAKING ACROSS THE DIVIDE)
Digital Evidence Planting: New Age Threat to Rights Defenders
Presented by Safa Ahmed of the Indian American Muslim Council on behalf of a broad coalition working to secure the release of all the Bhima Koregaon prisoners

WHY ARE MOST OF THE BHIMA KOREGAON DEFENDANTS STILL IN JAIL DESPITE FORENSIC FINDINGS THAT INCRIMINATING EVIDENCE HAD BEEN PLANTED ON SOME OF THEIR COMPUTERS?

Good evening. Digital forensics is a dry, technical field, but the consequences of digital attacks play out like a vivid, terrifying, and painful movie. With the help of technical experts, journalists, and activists, I have prepared for you this narrative of what was revealed in the forensic analysis of the hard drives of three of the BK-16 – Rona Wilson, Surendra Gadling, and Father Stan Swamy.
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Invite: India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

20/01/2023

By Hindus for Human Rights / @Hindus4HR

The Unlawful Activities Prevention Act (UAPA) and India’s Prisoners of Conscience (POCs): Targeting terrorism or stifling democratic dissent?
Saturday, January 21, 2023
6 pm PST,
7:30 am IST
The conversation will cover the history and the draconian provisions of the UAPA; how it compares to anti-terror laws in other democracies; the views of the State Department and USCIRF; what are some of the typical charges being made being under UAPA. Do they look unlawful to you? Some statistics: How many people arrested since the amended UAPA; Average time spent w/o trial or bail hearing; How many have gone to trial, etc.

Moderator: Govind Acharya, Amnesty International
Panelists:
Banojyotsna Lahiri, Activist, on Umar Khalid’s story and struggle
Yug Mohit Chaudhry, Author and Criminal Lawyer, on legal strategies on behalf of POCs and hurdles faced
Mihir Desai, Human Rights Lawyer, on the story and struggle of Bhima Koregaon 16 and what’s happening to lesser known detainees
Followed by a Q&A moderated by Govind Acharya
Register here

Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution

23/01/2023 Asha

Article14 / by Abhinav Sekhri

Independent forensic experts have raised concerns of evidence being planted in the ongoing Bhima-Koregaon prosecution (ongoing for 45 months, with not even charges framed yet). But India’s tightly regulated criminal process severely restricts the right of accused persons to introduce new material. It speaks to many important concerns for the state, such as speedy trial, but a general rule that brooks no exception does more harm than good.
It has been almost 45 months since the police began investigating the theory of a larger conspiracy in the cases emanating out of the Bhima-Koregaon violence of January 2018.
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Also read:
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)