The Observatory has been informed by reliable sources about the deteriorating health while in detention of Mr. Akhil Gogoi, President of Krishak Mukti Sangram Samiti (KMSS), a peasant rights organisation based in Assam1. Mr. Gogoi has long been suffering from severe back pain and kidney related issues.
According to the information received, on February 29, 2020, Mr. Akhil Gogoi was taken from Guwahati Central Jail in Assam, where he has been detained since December 12, 2019, to the Gauhati Medical College, as a result of the significant deterioration of his health while in detention, in the absence of proper medical care and treatment. Mr. Gogoi was kept under observation at the Gauhati Medical College for one day only, before being sent back to Guwahati Central Jail, despite having complained about stomach pain due to a urinary tract infection. No medical tests were conducted while he was under observation, reportedly due to the absence of clearance from the National Investigation Agency (NIA).
On March 2, 2020, Mr. Gogoi’s legal counsels were not able to meet him as he could not leave his bed due to a high fever and severe stomach pain. On March 3, 2020, his wife was not able to see him due to his poor health. On March 6, 2020, Mr. Gogoi was brought back to the Gauhati Medical College, where several tests were finally conducted. However, the results of the tests have not been shared with the family, although they were transmitted to the jail authorities.
Mr. Akhil Gogoi was arrested on December 12, 2019, immediately after delivering a speech during a peaceful protest against the recently-passed Citizenship Amendment Act (CAA)2 in Jorhat, Assam. He was subsequently charged with sedition and criminal conspiracy under Sections 120 (B), 124 (A), 153 (A), 153 (B) of the Indian Penal Code and Sections 18 and 39 of the Unlawful Activities Prevention Act (UAPA). On December 26, 2019, his house was raided by NIA officials, who seized several documents including books. His remand to judicial custody has been extended several times since his arrest. Mr. Gogoi faces life imprisonment if convicted.
The Observatory expresses its utmost concern about the arbitrary detention and the deteriorating health of Mr. Akhil Gogoi, and recalls that he was already subjected to judicial harassment in the past for expressing his criticism of the CAA3.
The Observatory calls on the Indian authorities to immediately and unconditionally release him, and to grant him immediate access to the medical attention he requires.
How You Can Help
Please write to the authorities in India, urging them to:
i. Guarantee, in all circumstances, the physical integrity and psychological well-being of Mr. Akhil Gogoi, and give him immediate and unconditional access to the medical attention he requires;
ii. Immediately and unconditionally release Mr. Akhil Gogoi, and all other human rights defenders arbitrarily detained in India, since their detention is arbitrary as it seems to be merely aimed at sanctioning their human rights activities;
iii. Put an end to all acts of harassment – including at the judicial level – against Mr. Akhil Gogoi and all human rights defenders in India, and ensure that they are able to carry out their legitimate activities without any hindrance and fear of reprisals in all circumstances;
iv. Conform to the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular its Articles 1 and 12.2.;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights instruments ratified by India.
Addresses
• Mr. Narendra Damodardas Modi, Prime Minister of India, Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in
• Mr. Amit Shah, Union Minister of Home Affairs of India, Fax: +91 11 2309 2979. Email: dirfcra-mha@gov.in
• Mr. Ajay Kumar Bhalla, Secretary, Ministry of Home Affairs of India, Email: hshso@nic.in
Mr. Sharad Arvind Bobde, Chief Justice of India, Supreme Court, of India, Fax: +91 11 233 83792, Email: supremecourt@nic.in
Mr. H.L. Dattu, Chairperson of the National Human Rights Commission of India, Fax +91 11 2465 1329. Email: chairnhrc@nic.in
Mr. Khaleel Ahmad, Focal Point on Human Rights Defenders, National Human Rights Commission of India, Email: hrd-nhrc@nic.in
H.E. Mr. Rajiv Kumar Chander, Ambassador, Permanent Mission of India to the United Nations in Geneva, Switzerland. Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
H.E. Ms. Gaitri Issar Kumar, Embassy of India to the European Union, Belgium and Luxembourg in Brussels, Belgium, Fax: +32 2 6489638 / +32 2 6451869
Please also write to the diplomatic mission or embassy of India located in your country.
