The Observatory has been informed by
Banglar Manabadhikar Surksha Mancha (MASUM) about the acts of
intimidation and harassment against Arkadeep Goswami, a
freelance journalist and research associate at MASUM, since November
2022. As a journalist, Mr Goswami has reported on human rights issues in
India, including workers’ rights, prison conditions and the use of
India’s draconian laws to suppress dissent. MASUM is a human rights
organisation based in Kolkata, West Bengal state, that documents and
seeks accountability for human rights violations perpetrated by state
security forces along the India-Bangladesh border, particularly by
India’s Border Security Force (BSF).
On April 18, 2023, at around 3pm,
two individuals arrived at Mr Goswami’s house in Kolkata, where he lives
with his parents, told them they were friends with Mr Goswami, and
requested to see him. As he was not at home, the two individuals asked
his mother to call Mr Goswami. During the call, they refused to reveal
their identity and addresses, and repeatedly questioned Mr Goswami about
his whereabouts and when he was planning to return home. Following Mr
Goswami’s refusal to share any information with them, they told him: “So
you won’t talk to us? OK, we will see you”. After that, one of the
individuals identified himself as Sandipan Mondal, and told Mr Goswami
they had met in 2022 in Barikul Police Station, Bankura district, West
Bengal state, where Mr Goswami had been arbitrarily detained for over 45
days. There are therefore reasons to believe that the two individuals
were members of the West Bengal police.
The Observatory notes that on April
24, 2022, Arkadeep Goswami was abducted by officers of the Special Task
Force (STF) and Counter Insurgency Force (CIF) of the West Bengal police
in Bolpur, Birbhum district, West Bengal state. He was subsequently
taken to Barikul Police Station, approximately 160km from Bolpur. He was
told that a First Information Report (FIR) had been filed against him
on January 27, 2022, under Sections 148, 149, 120B, 121, 121A, 122, 123,
and 124A of the Indian Penal Code (“rioting, armed with a deadly
weapon”, “unlawful assembly”, “criminal conspiracy”, “waging war against
the Government”, “conspiracy to commit offence”, “collecting arms with
the intent to wage war against the Government”, “concealing with intent
to facilitate design to wage war” and “sedition”, respectively). The STF
and CIF officers failed to show an arrest warrant, and Mr Goswami’s
relatives were informed about his arrest and place of detention on April
25, 2022. Mr Goswami remained detained under police custody until his
release on bail on June 3, 2022. At the time of publication of this
Urgent Appeal, no charge sheet had been filed against Mr Goswami, and
investigations were ongoing.
The Observatory further notes that
on November 12, 2018, Mr Goswami was arrested by West Bengal Police
officers in Goaltore, West Midnapore district, West Bengal state,
following a fact-finding mission he conducted along with three other
individuals in Jangalmahal, West Bengal state, to document criminal
cases brought against villagers and tribal communities members in the
framework of a police operation against alleged Maoists in the region in
2009 and 2010.
An FIR was filed against Mr Goswami
under Sections 149, 120B, 121, 121A, 123, and 124A of the Indian Penal
Code (“unlawful assembly”, “criminal conspiracy”, “waging war against
the government”, “conspiracy to commit offence”, “concealing with intent
to facilitate design to wage war” and “sedition”, respectively).
On November 14, 2018, he was
produced before a magistrate, in breach of Article 22 (2) of the
Constitution of India, which establishes that any arrested person must
be produced before a magistrate within a period of 24 hours of such
arrest. The judge ordered his detention under police custody at the
Goaltore Police Station for 14 days, after which he was transferred to
Midnapore Central Correctional Home, West Bengal State. On February 12,
2019, he was released on bail. At the time of publication of this Urgent
Appeal, no charge sheet had been filed against Mr Goswami under this
case, and investigations were ongoing.
The Observatory condemns the acts of
harassment against Arkadeep Goswami, which seem to be only aimed at
intimidating him. The Observatory further condemns the above-mentioned
criminal investigations opened against him, as they seem to be aimed at
deterring him from carrying out his peaceful and legitimate human rights
work. These attacks against Mr Goswami are not isolated incidents but
are framed in a pattern of harassment against MASUM members as well as
against their relatives, including regular intimidation by police officers, criminal investigations and threats.
The Observatory urges the
authorities to put an immediate end to all acts of intimidation,
criminalisation and harassment, including at the judicial level, against
Arkadeep Goswami and all MASUM members, including by closing all
criminal investigations against them.
The Observatory further urges the
authorities to guarantee in all circumstances the physical integrity and
psychological well-being of Arkadeep Goswami and all MASUM members, and
protect and respect their rights to seek, obtain, and hold information
about human rights, and advocate and seek accountability for human
rights violations perpetrated by individual officials and governmental
bodies, including the BSF.
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