Geneva, 26th January 2006

The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.

New information

The International Secretariat of OMCT has been informed that four men, Mr. Nihal Naqvi, Mr. Pramit Bailey, Mr. Ashutosh Khanna and Mr. Pankaj Gupta, previously arrested on 3rd and 4th January 2006 on charges of violating section 377 of the Indian Penal Code, were released on bail on 16th January 2006. Charges against them still stand and they will face trial although OMCT has no further information in this regard.

Brief reminder of the situation

The International Secretariat of OMCT was informed of the arrest of four homosexual men, Mr. Nihal Naqvi, Mr. Pramit Bailey, Mr. Ashutosh Khanna and Mr. Pankaj Gupta, in Lucknow, India, on 3rd and 4th January 2006 on charges of violating Section 377 of the Indian Penal Code. They were held in Lucknow jail in the Indian state of Uttar Pradesh.

According to the information received, the four men were supposedly indulging in 'unnatural sex' in a picnic spot. A First Information Report (FIR) filed by police stated that Mr. Nihal Naqvi had supposedly said that he met the other three persons on the Internet and that they indulged in 'homosexual sex'. Apart from these three above-mentioned persons, he allegedly gave the names and phone numbers of 13 other persons who he got in touch with in the same manner and with whom he had homosexual sex, all of whose names and mobile phone numbers were listed in the First Information Report lodged by Lucknow police at Dudamba police station. It was stated that they were all part of an association of more then 1600 people who between themselves talked about homosexual sex and related issues. The alleged incident was immediately followed by press reports, releasing photographs of the four men along with their names and occupations.

A fact-finding team was constituted by the National Campaign for Sexuality Rights (NCSR) to determine what really happened in Lucknow and to demand remedial action. According to the information received, a meeting organised by the fact-finding team with lawyers of one of the men and family members, revealed that the narrative of the FIR was a complete fabrication.

As per the information gathered, none of the men were in fact having public sex, much less present at the alleged spot of the crime. It seems that the police, under the supervision of the Senior Superintendent of Police (SSP), took into custody, one of the men, Mr. Nihal Naqvi, on the evening of 3 January 2006 at his home. The names and mobile numbers of the other men mentioned in the FIR were forcibly obtained from him. He was then formally arrested at 11.30pm. On the following day (4th January) at 10.30am he was forced to call the other men and request them to meet him at Classic Restaurant, Mahanagar, Lucknow on the pretext of ill health and the need to fix up a business appointment. It appears that two people responded to the call only because Nihal had had a heart attack earlier so they were worried that their friend was having another attack.

The others were reportedly arrested upon their arrival at the restaurant. It is important to note that the FIR was lodged on the previous night at 12.40am. Furthermore, at the time of the alleged arrest at the picnic spot at 8.30pm, one of the men was in fact watching a movie with his family. Additionally, according to the information received, there is nothing to corroborate the police story other than the complainant, himself a police officer. Also, as per the FIR there is no member of the public who could testify as an independent witness to the alleged incident. It is also reported that the four men were beaten in custody and were asked to sign blank sheets of paper.

The International Secretariat of OMCT remains gravely concerned for the physical and psychological integrity of these four men and for their right to fair trial owing to the media coverage.

Action requested:

Please write to the authorities in India urgent them to:

1. guarantee the physical and psychological integrity of Nihal Naqvi, Pramit Bailey, Ashutosh Khanna and Pankaj Gupta;
2. order a thorough and impartial investigation into the alleged facts, including the conditions of interrogation of the four men, that is capable of establishing the validity of legal charges existing against them;
3. ensure that, in case of valid legal charges, they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
4. order a thorough and impartial investigation into the circumstances of the arrest and interrogation of the above-mentioned persons, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
5. ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
   
   

Addresses:

• Shri. A.P.J. Abdul Kalam, President of India, Rashtrapathi Bhavan, New Delhi -110001, INDIA Tel: +91 11 23015321, Fax: + 91 11 23017290 / 23017824, E-mail: presidentofindia@rb.nic.in
• Ambassadeur of India , Rue du Valais 9 (6eme), CH-1202, Geneve, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
• Justice A. S. Anand, Chairman, National Human Rights Commission, Sardar Patel Bhaven, Sansad Marg, New Delhi 110 001, INDIA Tel: + 91 11 23346244 Fax: + 91 11 23366537, E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in
• Mr. Mulayam Singh Yadav, Chief Minister of Uttar Pradesh, Office of the Chief Minister, Lucknow Uttar Pradesh, Tel.: 0522 222 5757, 0522 2239296, Fax: 0522 2239234, Email: upcm@indiatimes.com
• Mr. Yashpal Singh, Director General of Police, Government of Uttar Pradesh, Tilak Marg, Lucknow, Fax : 0522-2206120, 2206174. Ph : 0522-2206104, E-mail : police@up.nic.in wbhrc@cal3.vsnl.net.in
• Justice Mr. A.P. Mishra, Chairman, Uttar Pradesh Human Rights Commission, 1/183, Vineet Khand, Gomati Nagar, Lucknow - 226010, Tel.: 0522-2726742, 0522-2726743, Fax: 0522-2726743, Email: uphrc@sancharnet.in
  

Please also write to the embassies of India in your respective country.

Geneva, 26th January 2006