ITANAGAR, 30 Dec: The Permanent Mission of India to the United Nations Office and Other International Organisations (PMIUN-OOIO) said that anti-dam activist Ebo Mili had been detained based on ‘credible’ information received by the local authorities suggesting that Mili, along with his supporters, had planned to cause disruption and a potential law and order issue during the visit of the union power minister.
The Geneva-based PMIUNOOIO issued the clarification to the UN’s high commissioner for human rights (HCHR) after its special rapporteur on the promotion and protection of human rights in the context of climate change, the special rapporteur on the human right to a clean, healthy and sustainable environment, and the special rapporteur on the situation of human rights defenders sought information regarding Mili’s arrest.
“The preventive detention was carried out as per due legal procedure to prevent a breach of peace and ensure public safety. Mili was produced before an executive magistrate, where he signed a bond of peace and was released thereafter. There is no ongoing criminal investigation or formal complaint against Mili concerning these detentions,” the PMIUNOOIO said.
It further stated that there was no targeted surveillance of Mili.
“The routine monitoring of public gatherings was carried out as per standard law enforcement procedures to ensure public safety. The measures taken were as per Indian laws and compliant with Article 17 of the ICCPR.
“In all development projects, the government accords highest priority to the rights of local communities and carries out comprehensive public consultations and environmental impact assessments.
“Sufficient protections and legal remedies under Indian laws are available to all Indian citizens,including human rights defenders,” it added.
The special rapporteurs had sought information as to the legal and factual basis for the arrest and detention of Mili on 8 July, 2024, and on 12 August, 2023, and how the deprivation of liberty on these instances was compatible with India’s obligations under international human rights law, in particular Article 9 of the International Covenant on Civil and Political Rights. They also sought information regarding the status of any criminal investigation or complaint open against Mili.
Further, they sought information as to the allegation that Mili has been under surveillance, including the legal grounds for any surveillance that has or is taking place, and an explanation of how this complies with India’s obligations under international human rights law, in particular the right to privacy guaranteed under Article 17 of the International Covenant on Civil and Political Rights, and the human right to a clean, healthy and sustainable environment.
They also sought information as to how the human rights of local communities, in particular local indigenous peoples, have been protected in the proposed hydropower project or the Siang dam, including their human right to a clean, healthy and sustainable environment, and their right to information, participation and access to justice. If no such measures have been taken in this regard, they urged to indicate steps that will be taken to guarantee and enforce these rights.
They further sought information on the measures undertaken to ensure that human rights defenders, including those engaged in the protection of the environment and of the rights of indigenous peoples, are able to carry out their legitimate work in a safe and enabling environment, without fear of intimidation or harassment, in full respect of their human rights, within 60 days.
Mili had been arrested by the Itanagar police on 8 July, 2024 in advance of the visit by the union power minister to Arunachal Pradesh in connection with the development of the proposed Siang upper hydroelectric project.
No warrant for his arrest was presented. He was initially taken to the Itanagar police station, where he was not permitted access to a lawyer or to communicate with the outside world. He was then moved to the Niti Vihar police station, after people concerned about his detention began to come to the Itanagar police station. It was only after his transfer to the Niti Vihar police station that Mili was allowed to communicate with his lawyer.
The human rights defender was held for approximately 10 hours before being released. He was discharged after signing a bond obliging him to refrain from any activity that could be considered “breaching the peace” or “causing a breach of the peace” for a period of one year, or until an inquiry into police cases filed against him was closed. Failure to comply with the bond would result in a fine of Rs 50,000 for any breach identified.
Mili had previously been arrested under similar circumstances in August, 2023, while protesting against the signing of a memorandum of understanding for 13 hydroelectric power projects during another visit by the union power minister to Arunachal Pradesh. He was interrogated before being released after approximately eight hours. On that occasion too he had to sign a bond before being discharged, agreeing to refrain from activities that could be considered a breach of peace for a period of one year.
Ebo Mili, in a statement to this daily, said that the government of India has merely copy-pasted the report made by the Arunachal Police, while the BJP government should have investigated the matter independently.
