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Monday, April 7, 2008

[mukto-mona] Fwd: Binayak is in solitary confinement

zachariah <zachariah@cmcvellore.ac.in> wrote:

Posting message regarding Binayak's being in
solitary confinement. We must circulate this information widely.

Please continue to write to him and Ilina.
Address:
Dr. Binayak Sen
Raipur central Jail,
Raipur
Chhattisgarh - 492001

Ilina Sen" wrote:
>
> dear friends,
>
> yes,it is tue. binayak has bee in solitary confinement for over two
weeks
> now.this is illegal, and we are goingto challenge this in court. our
last
> meeting was heavy, since we did not have a direct meeting and only
spoke to
> each other across two layers of steel mesh.
=====================

Here's some background info:

Amnesty International believes that solitary confinement of any
prisoner carries the risk of serious mental and physical harm and can
amount to cruel, inhuman and degrading treatment. The imprisonment of
a person in total isolation is not acceptable under international
human rights standards.
----------------------
Indian Penal Code:

Section 73. Solitary confinement

Whenever any person is convicted of an offence for which under this
Code the Court has power to sentence him to rigorous imprisonment, the
Court may, by its sentence, order that the offender shall be kept in
solitary confinement for any portion or portions of the imprisonment
to which he is sentenced, not exceeding three months in the whole,
according to the following scale, that is to say-

A time not exceeding one month if the term of imprisonment shall not
exceed six months:

A time not exceeding two months if the term of imprisonment shall
exceed six months and [shall not exceed one] year:

A time not exceeding three months if the term of imprisonment shall
exceed one year.

Section 74. Limit of solitary confinement

In executing a sentence of solitary confinement, such confinement
shall in no case exceed fourteen days at a time, with intervals
between the periods of solitary confinement of not less duration than
such periods: and when the imprisonment awarded shall exceed three
months, the solitary confinement shall not exceed seven days in any
one month of the whole imprisonment awarded, with intervals between
the periods of solitary confinement of not less duration than such
periods.
---------------

Even convicted persons are protected by law from such cruel and
unusual punishment. Binayak has not even been tried! This unlawful
abuse could be the straw that breaks his fragile mental and physical
health.

How can we help protect Binayak's human rights?

His wife asks that we send faxes to the Chief Minister of C'garh and
the Chief Justice of C'garh. We could express our outrage at the
unfair, unlawful and inhumane treatment of this peaceful person.

Dr. Raman Singh, Chief Minister, Chhattisgarh.
fax: +91 7712 221306 (07712 221306 from within India)

Hon'ble Shri Justice Rajeev Gupta ( Chief Justice, Chhattisgarh High
Court )
fax: +91 7752 226030 (07752 226030 from within India)

[Non-text portions of this message have been removed]

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