http://www.indiaresists.com/pucl-seeks-nhrcs-urgent-intervention-in-teesta-setalvad-case/

 PUCL seeks NHRC's Urgent intervention in Teesta Setalvad Case
<http://www.indiaresists.com/pucl-seeks-nhrcs-urgent-intervention-in-teesta-setalvad-case/>
June 17, 2014 8:40 pmĀ·
India Resists

*To extend your support and solidarity, sign* *PUCL's petition to the NHRC*
here
<http://www.scribd.com/doc/230100618/PUCL-Petition-to-NHRC-Protection-for-Human-Rights-Defenders-Teesta-Setalavad-Javed-Anand-of-Citizens-for-Justice-and-Peace-from-persecution>
.

*New Delhi (Press Note/ 17th June 14) :* People's Union for Civil Liberties
today filed a petition with the National Human Rights Commission seeking an
independent review and intervention in respect of continuing persecution
and prosecution of human rights defenders, Teesta Setalvad and Javed Anand
of Citizens for Peace and Justice and others.

The petition stressed that CJP and its office bearers Teesta Setalvad,
Javed Anand and their team are human rights defenders. They have, despite
threats of grave risk to their personal safety, ensured that the rule of
law prevailed in the state of Gujarat at a time when the entire state
machinery was subverted and all public officials either abdicated their
constitutional and statutory functions or worse connived / actively
participated with the perpetrators of terror and violence. PUCL believes
that the repeated complaints that are being filed against these human
rights defenders are only a consequence of their success in upholding the
rule of law in Gujarat and ensuring multiple convictions, including that of
Minister Maya Kodnani

*National and International Human Rights Obligations Towards Human Rights
Defenders*

PUCL in its petition pointed out that under international human rights
principles there is a duty cast upon every State to accord adequate
protection to human rights defenders. The United Nations "Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms" (March, 1999) acknowledges that human rights defenders play a
very important role in the promotion and protection of human rights and it
is the duty of every State and its administrators to avoid criminalisation,
stigmatisation, impediments, obstructions or restrictions on the work of
human rights defenders.

Art. 18 of this Declaration stresses that "individuals, groups,
institutions and non-governmental organisations have an important role to
play and a responsibility in safeguarding democracy, promoting human rights
and fundamental freedoms and contributing to the promotion and advancement
of democratic societies, institutions and processes".

Further, in October 2009 the Hon'ble NHRC, recommended that it is the
obligation of the State to protect human rights of all. Individuals, groups
or associations who work for promotion and protection of human rights,
commonly referred to as Human Rights Defenders, should also be provided
protection by the State against any violence, threats, retaliation, adverse
discrimination, pressure or any arbitrary action as a consequence of their
activities for promotion & protection of human rights & fundamental
freedom.  NHRC and SHRCs can also play an important role in this regard.
The Commission had also recommended that there is a need to set up a Focal
Point for human rights defenders, preferably at NHRC, so that human rights
defenders can reach out to it for support.

*Contribution of  Teesta Setalvad, Javed Anand and CJP*

The petition referred to the consistent efforts of Teesta Setalvad and the
CJP team which has secured more than 110 convictions so far with many other
trials nearing completion.

It states that amongst the numerous cases pursued by Teesta Setalvad and
the CJP, one of the most noteworthy cases is the Best Bakery case which
initially ended in a total acquittal of all the accused, but got a fresh
lease of life when an important eye witness to the incident Ms. Zahira
Sheikh approached Teesta Setalvad and the CJP saying she had been coerced
to resile on her eye witness testimony. It is the intervention of CJP as
well as the NHRC which resulted in the Supreme Court directing a fresh
trial. During the retrial the CJP also obtained orders  for witness
protection and appointment of special public prosecutors and eventually the
trial court went on to convict 9 of the accused persons.

It is pertinent to point out that even as CJP and team strived to establish
the rule of law and ensured that perpetrators were punished, a slew of
complaints and FIRs were foisted against them. Many complaints were later
found to be unfounded upon inquiry by the Registrar General of the Supreme
Court and by the various trial courts. . But more cases are being filed and
the CJP and team are being hindered in their human rights work and
unnecessarily harassed.

In the light of the background and context in which the cases / complaints
have been filed against Citizens for Justice and Peace and its Trustees
Teesta Setalvad, Javed Anand, PUCL requested the NHRC to conduct an
independent inquiry and review all the cases filed. It also urged the NHRC
to recommend to the State of Gujarat that pending such review the
Government of Gujarat should refrain from initiating any coercive action
such as arrest, freezing of accounts etc or in any manner hindering the
work of these human rights defenders.

The PUCL also requested the NHRC to recommend the initiation of criminal
and disciplinary action against all policemen, prosecutors and government
officials, and individuals against whom there is prima facie evidence of
mala fide actions against human rights defenders like Teesta Setalvad,
Javed Anand and others and to intervene in the matters/cases referred
above, going on against human rights defenders Teesta Setalvad and Javed
Anand so as to protect their rights as human rights defenders.

*Sd/-*

Prof. Prabhakar Sinha  National President, PUCL

Dr. V. Suresh, National General Secretary, PUCL


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Peace Is Doable

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