The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of India on 11 November 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received, it will be posted on the UN Special Procedures communications database.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged arbitrary arrest, detention and physical assault as a form of torture and/or other cruel, inhuman or degrading treatment or punishment of environmental human rights defender Mr. Bijendra Korram.
Mr. Bijendra Korram is a human rights defender and Adivasi farmer from District Kondagaon, Chhattisgarh. He is the Vice President of the Adivasi Adhikar Bachao Manch and Treasurer of the Bastar Jan Sangharsh Samiti, both organisations working to protect and promote the rights of the Adivasi. He works in the state of Chhattisgarh, where the long-term conflict between Maoists and Government security forces has greatly affected indigenous peoples in the area. He advocates for the right to a healthy environment and livelihood issues affecting the tribals.
Multiple prior communications have been addressed to the Indian Government concerning alleged retaliation against human rights defenders promoting the rights of the Adivasis (IND 3/2024, IND 5/2023, IND 14/2021, IND 12/2021 and IND 10/2021).
ALLEGATIONS
Background
Since 2022, groups of Adivasi have held a peaceful sit-in in Toyametta village in District Narayanpur of Chhattisgarh state in relation to the mining of precious minerals in the area by private mining companies and its pollution of rivers, disruption of local ecology and impact on their livelihoods.
Concerning the arrest of Mr. Bijendra Korram
On 24 July 2024, at approximately 6.30 a.m., a group of heavily armed District Reserve Guards (DRG) approached the sit-in in Toyametta village. They reportedly beat Mr. Bijendra Korram with sticks and told the rest of the group of protesters that they were taking him so that he could show them the way back out of the forest.
The DRG personnel took Mr. Bijendra Korram to a police station in Chhote Dongar, where he was held for approximately two hours and reportedly beaten with the butts of AK47 rifles. He was then brought to the DRG office at Narayanpur District Headquarters.
Once made aware of his allegedly arbitrary arrest, Mr. Bijendra Korram’s family went to the DRG office in Narayanpur, where he reportedly told them he was suffering from pain in his back, where he had been hit with the rifle butts. The Subdivisional Officer Police (SDOP) Narayanpur reportedly informed his family that the Superintendent would decide what would happen to Mr. Bijendra Korram next, once he returned to the office.
Whilst detained, Mr. Bijendra Korram was reportedly pressured to surrender as a Maoist, however he refused. At no point during his arrest on 24 July or following that was he or his family shown an arrest warrant. He was reportedly denied access to a lawyer whilst detained.
On 26 July 2024, following the orders of the Superintendent, Mr. Bijendra Korram was presented before the Chief Judicial Magistrate of Kondagaon Court, approximately 56 hours after his arrest. He was charged under sections 147, 148, 149, 307 and 120(B) of the Indian Penal Code (IPC) on allegations of rioting, rioting with a deadly weapon, partaking in an unlawful assembly, attempt to murder and criminal conspiracy. Mr. Bijendra Korram was also charged under sections 10, 13, 16 20, 23, 36, 38 of the Unlawful Activities Prevention Act (UAPA) 1967 on allegations of membership of an unlawful organisation, unlawful activities, a terrorist act, membership of a terrorist gang or organisation and offences related to membership of a terrorist organisation. He was also charged under sections 3 and 8 of the Chhattisgarh Special Public Security Act (2005) and the Arms Act (1959).
Following his appearance before the Court, Mr. Bijendra Korram was remanded in custody in the central jail at Narayanpur Chhattisgarh, where he remains detained. Court hearings about his case took place on 17, 23 and 24 October 2024, and resulted in the extension of his judicial custody until 5 November 2024.
CONCERNS
In the communication, we express concern regarding the allegedly arbitrary arrest and detention of Mr. Bijendra Korram and the serious physical assault he was subjected to whilst detained, which may constitute torture and/or another form of cruel, inhuman or degrading treatment or punishment. We are particularly concerned by the fact that Mr. Bijendra Korram was allegedly arbitrarily arrested in connection with his participation in the peaceful demonstration by Adivasi against mining activities in Chhatisgarh and their impact on the local ecology and livelihoods. Our concern is compounded by the punitive charges brought against him, which appear to have been fabricated with the intention of hindering his peaceful and legitimate human rights activities. We are further concerned that whilst allegedly arbitrarily detained, Mr. Bijendra Korram was not granted access to a lawyer, and was not presented before a judge until approximately 56 hours after his arrest.
