Being released from the Raipur jail, after 14 months of detention, Dr. Binayak Sen stated, “We cannot be happy about fragmented victory achieved. We have come together to launch a peace initiative to fight for all those who are similarly held under illegal detention under various laws.”

Dr. Binayak Sen reminded that there are about 178 detainees still languishing in jails and hundreds of others arrested under the similar Acts all over the country. Military consultation is another urgent issue that needs to be concerned about. The so called “War on Terror” has become the justification for the untrammeled deployment of armed force against the citizens and for the comprehensive degeneration of the jurisprudence of human rights.

Dr. Sen also reiterated his commitment to continue his campaign against the Salwa Judum, the movement sponsored by the government which displaced inhabitants in Chhattisgarh. To support the local efforts for release of Dr. Sen and for civil rights in India, SUA070706(2) and SUA080414(2) were issued in July 2007 and April 2008, respectively.

Sources:
The Hindu, People’s Union for Civil Liberties

As mentioned in previous UA Updates, Dr. Binayak Sen was released on bail on medical grounds on 25 May 2009. However, the incident has not ended and human rights activists emphasized that the discussion about the case of Dr. Sen should go beyond his personal safety.

The “Release Dr. Binayak Sen Committee”, one of the advocate groups demanding the release of Dr. Sen, was transformed into the “Committee for the Defense of Democratic Rights in Chhattisgarh”. This Committee strives for political rights and freedom of expression in Chhatisgarh and elsewhere in India, with focus on repealing the Chhattisgarh Special Public Security Act (CSPSA) and abolishing the “Salwa Judum” campaign.

After a two-year long detention without concrete evidence, the trial of Dr. Binayak Sen is still on hearing. This reveals the flaw of the legal framework and juridical system of India government which fail to ensure the right to liberty and right to fair trial of people. Human rights activists criticized the public media, saying that, instead of showing juridical problems revealed by case of Dr. Sen, they distracted people by projecting Dr. Sen as a controversial figure relating to Maoists.

UA070706(2) and SUA080414(2) were issued in July 2007 and April 2008 to call for the release of Dr. Sen and repeal the draconian CSPSA.

Sources:
People’s Union for Civil Liberties,
Free Binayaksen Campaign (http://www.binayaksen.net)

The renowned pediatrician and human right activist, Dr. Binayak Sen, was released on bail on 25 May 2009. However, the false cases against him have not been dropped.

Dr. Sen was arrested on 14 May 2007 under the provisions of The Chhattisgarh Special Public Security Act 2005, and the Unlawful Activities (Prevention) Act 1967 (as amended in 2004). During these two years, there have been various and continuous protests to demand for his release. Eventually, on 4 May 2009, the Supreme Court of India admitted the Special Leave Petition filed by Dr. Binayak Sen and issued notice to the government of Chhattisgarh to respond in two weeks. Meanwhile, the state was required to give Dr. Sen the “best possible treatment” to his heart disease and precarious health conditions.

“Two years is too much,” Justice Markandeya Katju commented on the detention. Although none of the major evidence examined in the trial supported the charges against him, Dr. Sen's application for bail had been rejected. During the 2 years of incarceration, his health condition has deteriorated. Again and again, the jail superintendent has denied his request for being treated in the properly-equipped hospital of his choice and no effective treatments have been provided.

The release of Dr. Sen is an encouragement to the human rights movement, as well as an alert on the arbitrary power of judiciary. Dr. Sen, whose trial was scheduled on 26- 27 May, remains prosecuted. The local source advised the continuous need to urge the Indian government to repeal the draconian Chhattisgarh Special Public Security Act 2006 and the Unlawful Activities (Prevention) Act and initiate action to create a legal framework for India to subscribe to the International Covenant on Civil and Political Rights. To call for the release of Dr. Sen, as well as repeal the draconian Acts, ACPP issued SUA070706(2) in July 2007.

Source:
Free Binayaksen Campaign (http://www.binayaksen.net),
Local source,
People's Watch Andhra Pradesh,
Indo-Asian news Service,
National Centre for Advocacy Studies

In the past 22 months, since the arrest of Dr. Binayak Sen in May 2007, numerous signature campaigns, delegations, dharnas, processions, mass demonstrations, fasts and other forms of agitation have been undertaken to demand for his release.  The most recent one was the Satyagraha (non-violent resistance) movement launched on 16 March 2009, by the nationally constituted ‘Release Dr. Binayak Sen committees.place every Monday outside the Raipur jail where Dr. Sen is incarcerated, as ’  The Satyagraha will take well as in various states.

On 16 March, the first batch of 42 satyagrahis from 7 states marched towards the jail in Raipur to demand unconditional release of Dr. Sen and to oppose the denial of bail as a punitive measure by authorities.  They were arrested for violating restrictions around the high security jail, but were released on the same day.

Similar demonstrations were held in other parts of the country.  In Delhi, a dharna was organized at Jantar Mantar, joined by senior activists, students and the Delhi Solidarity Group.  In Calcutta, 200 people took part in a protest around Calcutta University, followed by a meeting at the students’ hall, discussing the backdrop of Dr. Sen’s arrest and calling for a strong movement against the central government to release him unconditionally by withdrawing all fictitious charges against him.  It also demanded scrapping of the Salwa Judum and all draconian laws.  In Pune, a statement was issued by the SATHI Centre for Enquity into Health and Allied Themes (CEHAT) demanding Dr. Sen’s immediate release.

On 23 March, the second consecutive Monday, the march from Budha Talab in Raipur was led by 82-year-old Anasuya Sen, mother of Dr. Sen.  More than 83 people were arrested for demanding the release of Dr. Sen.  Among them, 65 people were from Bhopal Gas survivor organizations.

The Satyagraha movement is calling for support in various ways, such joining the Raipur Satyagraha, organizing similar protests, providing financial support and questioning the Congress and BJP leaders about the continued incarceration of Dr. Sen during their election campaign.  People are also encouraged to send fax, e-mail and phone the Chhattisgarh government <http://petitions.aidindia.org/binayaksen09/>.   More information and updates on the movement can be found at: <http://www.binayaksen.net/2009/03/join-and-support-the-raipur-satyagraha/>.

Dr. Binayak Sen, a public health doctor and human rights activist working among Adivasis in Chhattisgarh, was arrested in 2007 on grave charges under the draconian Chhattisgarh State Public Security Act, for allegedly linking with a radical communist group.  Since then, he has been kept in jail, and had been in solitary confinement for some time [see SUA080414(2) ].  The Raipur Sessions court had rejected his bail application in July 2007, and the Chhattisgarh High Court denied bail twice in July 2007 and December 2008.  However, the Chhattisgarh government and its police have not been able to provide any proof of his involvement in illegal activities.

ACPP has issued UA070706(4)and subsequent updates to follow the development of the issue, and to raise awareness of the unjustified nature of Dr. Sen’s arrest, as well as the state’s suppression of activists who are critical of the state government.  The UA called for the unconditional and immediate release of Dr. Binayak Sen and to stop threats and harassment to other activists.


Source:
Free Binayak Sen
People’s Watch Andhra Pradesh
South Asia Citizens Web

At the Berkeley Conference on Indian Democracy held at the University of California on 26-27 September, Director General of Police of Chhattisgarh state, Vishwa Ranjan, one of the panel speaker invited for a 2-hour session on human rights situation in the Chhattisgarh state, has been questioned by over 50 students and faculty members, for the massive human rights abuses perpetrated by the police under his direction.

In response, he reportedly admitted that the continued incarceration of Dr. Binayak Sen in Raipur jail was the responsibility of the state government and not the police.  He also signed a post-card addressed to Prime Minister asking for Dr. Sen’s release and he stated that the arrest of film maker, Ajay T.G. was a “technical mistake”.

Dr. Binayak Sen, an acclaimed human rights activist and development worker has been imprisoned since May 2007 in spite of unfounded and questionable evidence.  Ajay T.G., who documented the circumstances of Dr. Sen’s arrest was also detained by the Chhattisgarh police in May 2008, but was released 93 days later due to lack of final police report.  Human rights activists who have criticized state actions, journalists and tribals have been arbitrarily detained and harassed under the draconian Chhattisgarh Special Public Security Act of 2005 and accused of working for Naxalites.  Hotline Asia issued SUA070706(2) in July 2007 to call for the release of Binayak Sen and repeal of the controversial laws.


Source:
People’s Watch Andhra Pradesh

A 10-day fast to demand the release of Dr. Binayak Sen was organized on 16-25 June 2008 in India, Pakistan, Thailand, United States of America and United Kingdom, with more than 100 organizations joining the worldwide campaign.   In India, the fast ended on 25 June - the day Emergency Rule in India was declared in 1975 - followed by a National Convention on Repressive Laws and Human Rights on 25 and 26 June at Raipur.

Dr. Sen has been imprisoned in Raipur for more than a year since May 2007 without trial, on allegations that he violated the state anti-terrorism laws.  He had earlier exposed the government sponsored campaign, Salwa-Judum in Chhattisgarh which legitimized extra-constitutional violence that spits the Adivasi against each other.

Dr. Sen, Ajay TG and many other activists are detained under the draconian Chhattisgarh Special Public Security Act (CSPSA) 2005 and the Unlawful Activities Prevention Act (UAPA) 1967, which sanction the violation of due process by the state and contravene internationally accepted norms and jurisprudence and democratic government - culpability is not decided by direct proof, but through guilt by association.

For more information about the Chhattisgarh state’s actions to silence critics, as well as abuses of the controversial laws, please refer to SUA070706(2) and SUA080414(2) issued by Hotline Asia in July 2007 and April 2008, respectively.  UA070706(4) was issued to request the release of Dr. Binayak Sen and to repeal the controversial draconian laws.


Source:
Central Chronicle

According to an online petition for the release of Dr. Binayak Sen, he has been released from solitary confinement, but still in a regular prison.He has been in solitary confinement since 15 March 2008 although he was not yet tried in court.

14 May 2008 marks the first anniversary of his arrest under the draconian Chhattisgarh Special Public Security Act 2006 and the Unlawful Activities (Prevention) Acts, and there have been a lot of solidarity expressed in various forms within and outside India, all demanding for his immediate release from jail

Candle light vigil in Bangalore on 14 May;

“Artists for Human Rights” in Delh on 14 May – a protest by artists, poets and cultural workers demanding the release of Dr. Sen and other political prisoners;

Coordinated actions planned in 13 cities outside India (10 North American and 3 European cities) on 13 and 14 May, by 37 organizations, student groups and local peace and justice groups – activities range from Global Days of Action to highlight the situation, to request the repeal of repressive laws and disbanding of the Salwa Judum, and organizing petitions asking for Dr. Sen’s release and urging the government to stop harassment of human rights activists: over 4000 signatures were collected from all over the world; and

“Artists for Human Rights” in Chennai on 29 May – to celebrate the conferring of the prestigious Johnathan Mann award for Dr. Sen’s dedicated service in providing medical care to indigenous peoples of Chattisgarh and his committed struggle against human rights violations.

However, the harassment on human rights activists continues: it was reported that another activist with Peoples' Union for Civil Liberties (PUCL) Chhattisgarh, Ajay TG, has also been arrested recently in early May 2008 under the same draconian laws.

In response to the unlawful arrest of Dr. Binayak Sen, Hotline Asia issued SUA070706(2)in July 2007 to request the dropping of all charges against Dr. Sen and call for his immediate release. The UA also urged the government to stop the harassment of other activists. With the news that Dr. Sen was sentenced to solitary confinement in March, Hotline Asia issued SUA080414(2) to again call for his release

More information about Dr. Binayak Sen: http://www.aidboston.org/FreeBinayakSen/bsen.htm

Latest campaigns: http://www.binayaksen.net

Source:

Committee for the Release of Dr. Binayak Sen (Janaarogya Andolana Karnataka – JAAK)
Free Binayaksen campaign (http://www.binayaksen.net)

Following the announcement of release notice in August, the Supreme Court has refused bail to Dr. Binayak Sen in December, although it was based on unfounded and unverified evidences by the prosecution.

At a court hearing in January, Dr. Sen was ordered to be produced in court on 2 February 2008 for formal framing of charges before the trial begins.

Health activist and General Secretary of the Chhattisgarh unit of the People's Union for Civil Liberties (PUCL), Dr. Binayak Sen was arrested in May 2007 under the vague Chhattisgarh Special Public Security Act 2006 and Unlawful Activities (Prevention) Act 2004, for being labled as a Naxal (radical communist group) leader. Local and international condemnation was not able to stop the prolonged imprisonment due to alleged delaying tactics for “enough proof” in the court.

As Dr. Sen has been outspoken about the government’s anti-people nature, ill-treatment of suspects, pathetic conditions in jail and human rights violations which raised support from the central intelligence bureau, local groups believe he has been targeted by the state government and police.

In spite of evidences that are questionable in proving his connection with the Naxals, he has been kept in jail indefinitely, which raised serious civil liberty issues, according to local groups. It is believed that there are many other less well-known people labled as Naxals and kept in jail.

Hotlline Asia issued SUA070706(2) in July 2007 to call for Dr. Sen, as well as other activists’ immediate release. For more information about the circumstances and background of the arrest, please refer to the SUA.

Source:
People’s Watch Adhra Pradesh
Kafila
(specific articles:
http://www.kafila.org/2008/01/03/each-day-binayak-sen-spends-in-jail-is-one-day-less-for-democracy-in-india/
http://www.kafila.org/2008/01/01/human-rights-and-public-health-are-now-the-gravest-threats-to-peoples-safety/)
Local Source

Since the arrest of Dr. Binayak Sen, a pediatrician and health activist, in May 2007, people across India and abroad have demonstrated support and signed on-line campaigns demanding his immediate and unconditional release.

Subsequently, on 31 August, the Supreme Court of India issued a notice for his immediate release and drop of all charge against him, in response to a petition filed by the People's Union for Civil Liberties (PUCL). Dr. Sen was charged of aiding and abetting Naxal activity in the state of Chhaittisgarh under Special Public Security Act 2006.

Hotline Asia issued SUA070706(2) in July to support local efforts and call for Dr. Sen’s immediate release.

Source:
NDTV