REPUBLIC OF INDIA：
DETAINED JOURNALIST RELEASED ON BAIL

Journalist Santosh Yadav has been in detention in Chhattisgarh, central India, since 29 September on what are believed to be fabricated charges as a result of his work reporting on human rights abuses by the police.

Santosh Yadav is a freelance journalist. He was arrested on 29 September by the Chhattisgarh police for allegedly being involved in rioting, criminal conspiracy, murder, and being part of the banned Communist Party of India (Maoist) armed group, among other offences. He is being held under the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act – both of which violate international human rights standards – and other laws. It is believed that he is being targeted for his work among the Adivasi Indigenous communities in Bastar district, Chhattisgarh, and that the allegations against him are fabricated.

Santosh Yadav’s lawyer, said, “Santosh Yadav is one of the few journalists who reported on police brutality on Adivasis in the region. He has also been the contact person for national and international journalists and was crucial in getting media attention to the plight of Adivasis in the conflict-torn region. He has also been instrumental in helping Adivasis get legal aid.”

On 5 October a local court remanded Santosh Yadav in judicial custody until 20 October.

According to his lawyer, Santosh Yadav has previously faced harassment by the authorities. He said that in June he had been stripped and beaten by the state police. Journalists in Bastar district say they are regularly targeted for their work. Journalists across the state are planning to protest against the arrest if the state government does not prove the allegations within a month.

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UA: 224/15 Index: ASA 20/2653/2015 Issue Date: 13 October 2015

Santosh Yadav was released from prison on 9 March 2017, over a week after the Supreme Court of India granted him bail. Detained since September 2015, it is believed that he was targeted for his work among Indigenous Adivasi communities in Bastar district, Chhattisgarh. He is required to report to the local police station daily.

Santosh Yadav was granted bail by the Supreme Court on 27 February 2017 following a petition filed by his lawyers in November 2016. He had been charged under the Chhattisgarh Special Public Security Act and Unlawful Activities Prevention Act. The court-ordered conditions of bail require him to report to the local police station once every day, and to not leave the city without informing the local police. Following administrative delays, Santosh Yadav was finally released from prison on 9 March 2017.

Speaking to Amnesty International India, Santosh Yadav said, “I want to thank Amnesty from the bottom of my heart. No one supported me, or came to meet me in jail, like you did.” He said, “The way journalists are being put in jail, it’s not very motivating to do this work right now”.  Santosh Yadav was arrested on 29 September 2015, and it is believed that he was targeted for his work among Indigenous Adivasi communities in Bastar district, Chhattisgarh. 

The Unlawful Activities (Prevention) Act uses sweeping and overly broad definitions of ‘acts of terrorism’ and ‘membership’ of ‘unlawful’ organizations. Pre-charge detention under the law can extend to 180 days, far beyond international standards. The Chhattisgarh Special Public Security Act also contains broad and vaguely worded definitions of ‘unlawful activity’. The UN Special Rapporteur on Human Rights Defenders has called for the repeal of both laws.

Thank you to all those who sent appeals. No further action is requested from the UA network.

This is the second update of UA 224/15. Further information: https://www.amnesty.org/en/documents/asa20/5114/2016/en/

Further information on UA: 224/15 Index: ASA 20/5797/2017 Issue Date: 10 March 2017