Petition from Cameroon for the release of Mr. Ramesh Agarwal

Petition from Cameroon for the release of Mr. Ramesh Agarwal

To: Dr. Manmohan Singh, Prime Minister of India

Dr. Raman Singh, Chief Minister of Chhatisgarh

Shri P.J. Oomen, Chief Secretary Justice

K.G. Balakrishnan, Chairman, National Human Rights Commission

Yaounde, 4th June 2011

Dear Prime Minister, Chief Minister and Chief Secretary of Chhatisgarh, and Chairman NHRC

I am deeply concerned about civil and human rights violations that Ramesh Agarwal, a long-standing and highly respected environmental and social advocate, has apparently suffered since his arrest on 28 May 2011. Mr. Agarwal was arrested one year after the Jindal Group of Companies filed a complaint against Mr. Agarwal for criminal “defamatory” and “intimidating” statements allegedly made during a May 2010 public hearing on an Environmental Impact Assessment for a 2500 MW power plant in Chhatisgarh.

Mr. Agarwal’s reported treatment by the police and jail officers raises serious questions about his safety, health, and well-being. Mr. Agarwal’s repeated requests for medication and medical attention were denied, resulting in his admittance to the district hospital for chest pains and other symptoms, where he was handcuffed and chained to the bed, restricting his movements. This treatment violates Mr. Agarwal’s constitutionally-protected rights. Mr. Agarwal’s lawyers have cited several judgments of the Supreme Court of India, in terms of which restraining detainees pending trial, whether within the jail, outside, or in transit to and from court, or while in the hospital, have been denounced as serious human rights violations. In these judgments, the Court has threatened to hold any police or jail officer found violating its rulings to be in contempt of court, carrying punishments of fines and prison terms. I believe that these judgments declare that “to bind a man hand-and-foot, fetter his limbs with hoops of steel, shuffle him along in the streets and stand him for hours in the Court is to torture him, defile his dignity, vulgarize society and foul the soul of our constitutional culture.”

India is sending the message to its citizens and the world that the public hearing is not a legally-protected space in which citizens can voice their concerns regarding environmental and social matters.

Additionally, the message Mr. Argawal’s mistreatment sends is that citizens who utilise this space to exercise their right to public participation, transparency, and government accountability will face retribution.

My immediate concern is for Mr. Agarwal’s health, safety, and wellbeing; I urge that Mr. Agarwal be released immediately and the charges dropped. It is also hoped that citizens who exercise their rights in public hearings and follow systemic processes will not face unjust retribution.

I earnestly request that Mr. Agarwal be released without delay and that you ensure his safety, health and wellbeing.  I also hope that these charges will not be pursued any further and that the concerns that Mr. Agarwal and other villagers expressed at the hearing will be given due and necessary consideration by your Government and institutions.

Sincerely

 

Augustine B NJAMNSHI

Executive Secretary

Bioresources Development and Conservation

Programme Cameroon

           &

National Coordinator

The Access Initiative Cameroon

BP 2626 Yaounde Cameroon

Tel/Fax: 237 22319953

Skype: augustine.b.njamnshi

www.bdcpcameroon.org

www.pacja.org