A/HRC/18/19
Gujarat riots of February 2002. Ms. Setalvad and Citizens for Justice and Peace have filed
cases relating to the riots, and have been pressing for prosecution of the perpetrators of the
riots since 2002.
43.
In her professional activities as a lawyer providing legal support to victims of the
Gulberg Society massacre, Ms. Setalvad had sent, on 5 and 7 October 2010, to R.K.
Raghavan, the chairperson of the Special Investigation Team, letters voicing her concern
regarding the lack of protection by the Team for witnesses and victims.
44.
On 20 January 2011, Justices D.K. Jain, P. Sathasivam and Aftab Alam, the
Supreme Court judges handling the case surrounding the Gujarat riots of February 2002,
reportedly reprimanded Ms. Setalvad for sending copies of the above-mentioned letters
dated 5 and 7 October 2010 to OHCHR. The court allegedly did not “appreciate” letters
about the proceedings being sent to OHCHR and viewed such activity as interference in
these proceedings.
45.
On 17 February 2011, Ms. Setalvad was again allegedly issued with a verbal
warning against writing to OHCHR by Justices D. K. Jain, P. Sathasivam and Aftab Alam.
46.
Ms. Jaiswal, Ms. Setalvad’s lawyer, was allegedly told that her client had to promise
not to send any further communication to OHCHR on information regarding the
proceedings.
47.
At the time of completion of the present report, the Government of India had sent an
acknowledgement of receipt of the communication sent by the special rapporteurs.
6.
Kenya
48.
On 30 April 2010, several special procedures mandate holders sent a
communication14 to the Government of Kenya concerning the case of Keneth Kirimi, a
human rights activist working with the non-governmental organization Release Political
Prisoners and member of Bunge la Mwananchi, a grass-roots movement fighting social
injustice and promoting accountable leadership. He was arrested on 22 April 2010 by
plainclothed police officers and was allegedly interrogated about his organization, the work
carried out by the executive coordinator of the organization, the organization’s work on
extrajudicial killings and the sharing of their report with the then Special Rapporteur on
extrajudicial, summary or arbitrary executions, Philip Alston. At the time of completion of
the present report, the Government of Kenya had not responded to the communication.
7.
Malawi
49.
On 28 March 2011, two special procedures mandate holders sent an urgent appeal15
on the general situation of human rights defenders in Malawi and the reported campaign
against civil society.
50.
According to the information received, the Government of Malawi allegedly began a
public campaign of intimidation against human rights defenders in a bid to prevent public
demonstrations demanding reforms. It was alleged that Government officials had publicly
stated that they were prepared to utilize any means necessary in order to quell the climate of
discontent.
51.
It was further reported that the President had made comments regarding a group of
human rights defenders who had presented a statement at the sixteenth session of the
Human Rights Council. The President allegedly declared that “there is a group of 15 people
14
15
A/HRC/17/28/Add.4, para. 51.
A/HRC/17/27/Add.1, paras. 1510-1520.
9
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