The leading human rights organization, Amnesty International, has issued a report on the violation of human rights of Sikhs in India. It focuses on the 365 to 376 Sikhs, amongst them two women, detained at Jodhpur Jail in Rajasthan. They were arrested in the aftermath of the Golden Temple invasion. AI’s concerns, as stated in the report, are as follows:
Amnesty International believes there is a possibility that among these detainees there may be men and women who did not use or advocate violence and who were arrested simply as a result of having been present in the Golden Temple for religious or peaceful political purposes. Amnesty International is, therefore; taking up the cases of these detainees for investigation, especially now that they remain detained beyond the maximum period of two years detention without trial permitted by National Security Act.
Moreover, Amnesty International is concerned that, if these detainees were to be tried under ‘the provisions of the Terrorist Affected Areas (Special Courts) Act which applies to people arrested in the Punjab and which still permits their trial on charges of waging war the detainees may not have a fair trial in accordance with the minimum safeguards laid down, for examples, in Articles 14 of the International Covenant on Civil and Political Rights, to which India is a party. For reasons described below (Part 11), Amnesty International also believes that the Act, which limits important legal safeguards, establishes a second class system of justice for political offenders.
Amnesty International is concerned that the NSA permits people to be detained for the legitimate and peaceful expression of their political views or for the suspicion of holding such views.
Moreover, preventive detention legislation bypasses the ordinary process of criminal law by which persons are protected by legal safeguards enacted to prevent cases of arbitrary or illegal detention. The two Amendments to the NSA, passed during 1984, have further limited the scope of judicial review of detentions carried out under its provisions and so increase the likelihood that government opponents may be arbitrarily detained for a prolonged period of time. Arbitrary arrest and detention is specifically prohibited under Article 9 of the International Covenant on Civil and Political Rights, to which India is a party.
Amnesty International is concerned that the provisions of the Act, which suspend important’ long-established’ legal standards may not be compatible with Article 14 of the International Covenant for Civil and Political Rights, which lays down minimum guarantees for a fair trial. (Pages 89)
Amnesty International is concerned that, by presuming the guilt of any person merely shown to have been found present at a place where firearms or explosives were being used in exchanges with the security forces, there is a possibility that innocent persons could be arrested and charged with specified offences and held in prison for trial by Special Courts in camera, and even found guilty without the prosecution having to provide the elements of the crime. Such provisions could be used to imprison journalists covering a news event or persons known for their views opposed to the government in power or even innocent by standers who happen to be present when a violent incident, such as frequently occur in the Punjab, takes place.
These legal provisions appear to Amnesty International to contravene the presumption of innocence laid down in Indian law and also in Article 14 (2) of the International Covenant on Civil and Political Rights, which reads: “Everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to the law”. (Pages 1011)
It is on these and other grounds relating to the suspension of legal safeguards specified above that Amnesty International is greatly concerned that innocent persons, prisoners of conscience among them, might be detained under the provision of the Terrorist Affected Areas (Special Courts) Act and that they might even be subjected to the death penalty. Trials in which a category of persons, all labeled to be “terrorists”, are tried in camera, under procedures which shift the burden of proving a person’s innocence to the accused person and which reduce the possibilities for appeal, appear to establish a second class system of justice for political offenders, ( Page 2)
Amnesty International believes there is a possibility that there may be prisoners of conscience among those now held without trial for well over two years, apparently under the National Security Act, There may be men and women among them who did not use or advocate violence and who were arrested simply as religious or peaceful political purposes. Moreover, Amnesty International is concerned that, if tried under the Terrorist Affected Areas (Special Courts) Act, these detainees may not have a fair trial in accordance with internationally accepted human rights standards. Amnesty International believes they should now either be released or, if tried, be brought to justice under ordinary procedures of criminal law with customary safeguards. They should not be deprived of the minimum legal safeguards for a fair trial laid down in international human rights standards to which
India is a party. (Page 15) This action represents the first international acknowledgement of the violation of Sikh human rights in India and, in particular, the first worldwide initiative launched for their restoration. Sikh Human Rights Internet, the Sikh organization responsible for having supplied Al with a full list of detainees and other valuable information welcomes any further queries or support and in particular, urges the public to come forward with any information on human rights violations of Sikhs (allegations of torture of under trials, etc.) to be treated confidentially (sent to this address).
Lobby your Member of Parliament, Church Leaders, media, Human Rights Organizations, Political parties and Trade Unions to restore Human Rights, Civil Liberties and peace in Pun jab. Please contact Sikh Human Rights internet for further information: SHRI 34 FULMEAD ROAD, READING. RG3 IJX U.K. TEL. NO. 073453112
Article extracted from this publication >> January 23, 1987
