Ms. Sheikh Hasina, Prime Minister, info@pmo.gov.bd

Dear Prime Minister,

I am William Nicholas Gomes, Human Rights Ambassador for Salem-News.com.

I came to know that OMCT has been informed by reliable sources about the reprisals against Ms. Shampa Goswami, a staff member of the NGO Odhikar working on violence against women. She is among the most active human rights defenders at the local level working with Odhikar. She has been instrumental in creating awareness about incidents of violence against women and mobilizing local women in the area.

According to the information received, on September 10, 2012, Ms. Goswami was suspended from her job as a teacher in Mozahar Memorial Secondary School at Kaligonj in the district of Satkhira, Khulna Division.

In May 2011, Ms. Goswami paid several visits to an elderly woman in hospital victim of a gang rape, and advised her to file a complaint to the police. After four men were arrested for the gang rape several days later, a man living near Ms Goswami’s home called on her and contended that since she was working for human rights she should intervene and get the men released. The same man repeatedly pressed her, including through phone calls, to intervene on their behalf despite her ignoring him.

On October 23, 2011, Ms. Goswami was sexually harassed in front of a shop by four men. They were later joined by a group of a dozen men who directed her to follow them. When she refused, they threatened to hand her over to the police, and snatched her cell phone when she tried to call the police station herself. She was forced to follow them to a nearby building where one of her younger brother’s friend had already been taken. The men took pictures of both of them, verbally harassed and intimidated them, and threatened to send the pictures to the press if she did not give them money. Ms. Goswami informed them that she was a human rights defender working with Odhikar, which they disparaged.

On October 25, 2011, Ms. Goswami filed a complaint with Satkhira Police Station accusing ten men in relation to those acts. The First Information Report (FIR) accused them of the crimes of unlawful assembly, wrongful confinement, theft and criminal intimidation, under Sections 143, 342, 379, 506 of the Penal Code respectively. On November 2, 2011, some local human rights defenders formed a human chain in support of Ms. Goswami and submitted memorandums to the Deputy Commissioner and Superintendent of Police in Satkhira district to protest the incident. Meanwhile, police submitted a charge sheet in the Court against the ten accused persons. After this incident, the accused and their families verbally abused Ms. Goswami.

In the meantime, the father of one of the ten men accused in the complaint filed by Ms. Goswami, and Mr. Abdul Hamid, a member of the School Management Committee, attempted to pressure Ms. Goswami into withdrawing the complaint. Instead, she registered a complaint in the police log book (General Diary) with Kaligang Police Station on March 24, 2012. As a result, Mr. Abdul Hamid and four of his associates threatened to suspend Ms. Goswami from her job, distorted photos of her by replacing her head with that of an unknown man, and circulated the picture via phones and through the Internet. After Ms. Goswami lodged another General Diary on June 28, 2012 to protest those actions, the police arrested Mr. Abdul Hamid and one of his associates. Both were subsequently released on bail. No information was provided to the Observatory regarding the status of this complaint.

On August 30, 2012, the school head teacher, Mr. Lutfar Rahman, sent a letter to Ms. Goswami alleging “anti-social and unethical activities”. Ms. Goswami responded to the letter on September 4, 2012.

I condemn the harassment and threats against Ms. Goswami and urges the judicial authorities to take the required legal actions. Moreover, it deplores Ms. Goswami’s suspension from her job and requests the school authorities to reinstate her in her position and ensure her safety.

Actions requested:

i. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Goswami and of all human rights defenders in Bangladesh;

ii. Order an immediate, thorough, effective and impartial investigation into the wrongful confinement, theft and intimidation of Ms. Goswami and apply the penal sanctions provided by the law to those held responsible for those acts;

iii. Immediately and unconditionally reinstate Ms. Goswami in her former position as a teacher;

iv. Put an end to all acts of harassment against all human rights defenders in Bangladesh, and ensure in all circumstances that they are able to carry out their work without hindrances;

v. 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 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”,

- 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”;

i. 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 Bangladesh.

AUTHOR: William Nicholas Gomes
URL: www.williamgomes.org
E-MAIL: williamgomes.org [at] gmail.com

Mr. Bijaya Kumar Gacchedar, Deputy Prime Minister and Minister of Home Affairs, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal, gunaso@moha.gov.np

Dear Mr. Bijaya Kumar Gacchedar,

I am William Nicholas Gomes, Human Rights Ambassador for Salem-News.com.

I came to know about the situation from International Secretariat of OMCT that they have been informed by Advocacy Forum (AF), a member organisation of OMCT SOS-Torture Network, about the alleged torture and ill-treatment inflicted by the police on Mr. Khimlal Rijal, a 22-year-old permanent resident of Pwang VDC-6, Rukum district.

According to the information received, Mr. Khimlal Rijal was arrested on 9 September 2012 on charges of snatching a gold chain and taken to the litigation section at Kaksi District Police Office (DPO). At the police office, he was allegedly beaten with plastic pipes on his thighs, back and soles for about five minutes by about six policemen. After being forced to lay down on a table, the policemen rolled an about three meter diameter iron rod on his thighs for about 30 minutes. Afterwards, he was asked to stand up and one policeman grabbed him by his hair and made him rotated for about ten minutes. Mr. Khimlal Rijal was allegedly tortured for about two hours while being interrogated on his alleged invovlement in various theft cases. At about midnight, he was taken to Paschimanchal Zonal Hospital in Kaski district for a medical check up. However, according to Mr. Rijal, the doctor did not ask him questions about the marks on his body.

According to the same information received, on 10 September 2012, four unidentified policemen took Mr. Khimlal Rijal to an under construction building behind the office building of Kaksi DPO. The policemen inserted a stick through his bents knees and handcuffed hands and hanged him in the air. He was then beaten with plastic pipes on his soles, punched and kicked on his body parts for about two hours while again being interrogated. He was later taken to Kaski Distric Court. Although Mr. Rijal reportedly informed the judge of the torture suffered, the judge did not order a medical checkup. He was remanded for seven days.

I share my deep concern about the safety and physical and psychological integrity of Mr. Khimlal Rijal. I urge the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment, 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 recall that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

I recall that Article 11 of the Convention against Torture stipulates that “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture” and article 15 of the said Convention, “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

I am urging to the Nepali authorities to:

i.   Guarantee, in all circumstances, the physical and psychological integrity of Mr. Khimlal Rijal;

ii.              Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment, 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;

iii.            Guarantee that no evidence obtained under torture and ill-treatment, or threats thereof, be used in court proceedings against Mr. Khimlal Rijal as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

iv.            Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;

v.              Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to Mr. Khimlal Rijal;

vi.            Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular ensure that all acts of torture and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required (which is not the case under the 1996 Torture Compensation Act).

AUTHOR: William Nicholas Gomes
URL: www.williamgomes.org
E-MAIL: williamgomes.org [at] gmail.com

Radio journalist Mam Sonando, seen here with police in court in 2005, was charged with anti-state activities on Monday. (Reuters/Chor Sokunthea)

Mr. Hun Sen, Prime Minister, cabinet1b@camnet.com.kh

Re: CAMBODIA: Immediately release independent radio owner Mam Sonando

Dear Mr.Hun Sen,

I am William Nicholas Gomes, Human Rights Ambassador for Salem-News.com.

I have been informed by several international human rights organizations regarding the situations of independent radio owner Mam sonando. The information that I have received regarding his situations from several international organizations including Human rights watch, Freedom House, World Organisation Against Torture (OMCT) and several credible sources within Cambodia.

I am deeply concerned that serious charges pressed against Mr. Mam Sonando, Director and Owner of the FM station 105 ( Beehive Radio), one of the few independent media outlets in Cambodia. Mr. Sonando is also known for his criticisms of the Government’s human rights record and his denunciation of land evictions.

Mr. Sonando was abroad when the arrest warrant was issued and he returned to Cambodia on July 12, 2012. In the morning on July 15, the police arrested Mr. Mam Sonando at his home in Phnom Penh. On July 16, he was formally charged by the Phnom Penh Municipal Court under six articles under the Penal Code.[1][1] Each of these charges carries long prison terms. The presiding judge denied Mr. Sonando’s application for bail, ignoring the fact that Mr. Sonando voluntarily returned to Cambodia despite the serious accusations levelled against him, which seems to indicate he has no intention to flee. He is now in pre-trial detention in CC1 prison in Phnom Penh.

Mr. Sonando is 70-year-old and holds both Cambodian and French citizenships. He is also the president of the Democrats Association, a non-governmental organisation duly registered with the Ministry of Interior with a mission to advocate for democratic freedoms and to raise awareness of civil and political rights.

The latest charges stem from accusations by the government that Mr. Sonando was responsible for instigating villagers inhabiting an area of farmland in Kratie province marked for development by the Russian company Casotim, which has been granted a 15,000 hectare economic land concession. On May 16, the government sent in hundreds of armed security personnel, supported by helicopter, to evict the villagers, killing Heng Chantha, a 14-year-old girl, during the crackdown. Government officials later justified the operation by claiming the villagers, some of whom are members of the Democrats Association, were part of an attempt to secede from Cambodia. The authorities have so far failed to initiate an investigation into the military siege and the killing of Heng Chantha. Authorities have also failed to release any evidence of the so-called secessionist movement.

On June 22 2012, Mr. Sonando was in the Hague, the Netherlands, to cover the presentation of a communication to the Office of the Prosecutor of the International Criminal Court (ICC) containing allegations of crimes against humanity committed by the Cambodian government. The communication was submitted by the Khmer People Power Movement (KPPM), which is headed by prominent government critic Sourn Serey Ratha. On June 22, the ICC acknowledged in writing the receipt of KPPM’s communication. Mr. Sonando’s report on KPPM’s communication to the ICC was broadcast by Beehive station on June 25. A day later, on June 26, Prime Minister Hun Sen urged in a nationally broadcasted public speech that Mr. Sonando be arrested for masterminding “a plot to overthrow the government and attempting to establish a state within a state”. No evidence has been presented to substantiate this claim.

According to freedom house , “Sonando was in the Hague on June 22, broadcasting a presentation by the dissident group Khmer People Power Movement to the International Criminal Court (ICC) – which accused the Cambodian government of committing crimes against humanity. Twenty-four hours after Sonado’s broadcast aired on June 25, the prime minister called for his arrest in a nationally-televised speech, citing sedition charges under Articles 28, 456, 457, 464, 504, and 609 of the Penal Code. An arrest warrant was issued on July 2, and Sonando returned to Cambodia on July 12. His arrest three days later came barely 24 hours after foreign ministers and diplomats from around the world departed the city, including United States Secretary of State Hillary Clinton and the High Representative of the European Union for Foreign Affairs, Catherine Ashton. If convicted under Article 464 alone, the 70-year-old broadcaster could face 15 to 30 years in prison. Sonado has been denied bail and is currently being held in the notoriously overcrowded Phnom Penh Prey Sar Prison.”

“The baseless charges against Mam Sonando are the latest examples of the Cambodian government’s tendency to intimidate critical voices, in particular human rights defenders, and flaunt its human rights obligations under the domestic and international law”, said Debbie Stothard, FIDH Deputy Secretary-General.

Mr. Sonando has been imprisoned twice before. In 2003, he served two weeks in prison after being charged with giving “false” information and inciting people to commit crimes and to discriminate, in connection to a telephone call made to a program broadcast by Beehive radio in January 2003. In 2005, he was again arrested and imprisoned for three months on charges of incitement and defamation for giving an interview over the radio in which criticism of a border treaty between Cambodia and Vietnam was discussed.

I call on the Cambodian authorities to drop all charges against Mam Sonando and release him immediately and without conditions, as his detention is arbitrary and the judicial proceedings against him appear to be aimed at sanctioning the exercise of his legitimate right to freedom of expression, protected by both the Cambodian Constitution and the International Covenant on Civil and Political Rights, which Cambodia has ratified.

I trust you positively consider my request above.

• [1] Article 28 defines the crime of instigation of felony or a misdemeanor (felony is punishable by life imprisonment or by more than five years but no more than 30 years, while a fine may also be imposed in addition to imprisonment; a misdemeanor is punishable by imprisonment between six days to five years, while a fine may also be imposed in addition to imprisonment); Articles 456 and 457 define the crime of insurrectionary movement (punishable by imprisonment from seven to 15 years); Article 464 defines the crime of inciting people to take up arms against state authority (punishable by imprisonment from 15 to 30 years if effective); Article 504 defines the crime of obstruction of public officials (punishable by imprisonment from six months to one year and a fine from one million to two million Riels); Article 609 defines the crime of unlawful interference in the discharge of public functions (punishable by imprisonment from one to three years and a fine from two million to six million Riels).

AUTHOR: William Nicholas Gomes
URL: www.williamgomes.org
E-MAIL: williamgomes.org [at] gmail.com