PHM-Exch> India: trial of Dr Binayak Sen is nearing conclusion

[Claudio Schuftan]

From: Kamayani <kamayni at gmail.com>
From: Sudha Bharadwaj <advocatesudhabharadwaj at gmail.com>

Dr. Binayak Sen's trial is drawing to a conclusion. Prosecution
evidence and the statements of the accused have been recorded. In his
statement Dr Sen has clearly made out his case of being prosecuted
maliciously with a political motive only because of his work as a
human rights defender. He has mentioned how evidence has been
fabricated and concocted by the prosecution and how an effort has been
made to criminalise his legitimate activities as a civil liberties
activist. Now defence witnesses will be put up on the 25th and 26th
November, followed by arguments and then the verdict.

We all know that justice is at trial in this case. Its outcome will
have far reaching consequences on the space for human rights defenders
to be able to raise their voice in a state where the adivasi areas are
witnessing unprecedented landgrab, displacement, militarization and
insurgency, where fascist goondas have been systematically organized
to attack every form of protest and dissent, and democratic activists
of all hues are under threat of being put behind bars as "Naxal
sympathisers".

Earlier when Dr Sen was in jail, it was the national and international
expression of outrage against his incarceration that gave hope that
even in such an atmosphere reason, fairness or public interest could
possibly prevail.

Once again we appeal to all those who are concerned by this issue -
the fraternity of doctors who put service above profit, of people's
movements who are struggling to bring to life the promises of our
Constitution, of civil liberties activists who courageously and
against all odds are exposing the crimes of the State, and all those
citizens who refuse to accept a fascist police state - to stand in
solidarity with us in this hour of trial.

I am forwarding herewith a message of Ilina Sen.


From: Ilina Sen <sen.ilina at gmail.com>

We have just finished a day in court on the 2nd. The judge decided to
continue the questions to the accused , and  posed a set of additional
questions. Looks like this is finally done. We have listed 12 defence
witnesses, of whom notices were sent to five, but served only to one. There
was a slight unease that the police, who are responsible for serving court
notices to witnesses, will try to delay the process, and prevent an adequate
defense from being put up.It has now been argued  by our lawyers  that
notices to all defence witnesses will be issued by the court  immediately,
and they will all be taken up in a block on the 25th and 26th of
November.The judge has concurred, If this process is completed on schedule,
the will lead us into the arguments in early december  followed , whenever,
by the verdict.

The defense witnesses  this time will include  national PUCL reps. In view
of the political and police pressure that continues unabated, not only on
Binayak, but on other PUCL members in Chhattisgarh as well as  all
democratic activists( notice case of Kartam Joga), we feel it may be a good
idea if  some friends from PUCL/ other rights organizations are present in
court during this time  in solidarity. Sacchar Saheb had earlier told me
that he would like to come and be present in in court- maybe we could speak
to him.I am circulating this for suggestions. Pl advise how we should move
ahead.
Ilina

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