By D.S. Gill

General Secretary, Punjab human Rights organization

Amnesty International (AI) is an independent worldwide movement which works impartially for the release of all prisoners of conscience, defined as persons detailed for their beliefs or religion. AI also works for fair and prompt trials for political prisoners and for an end to torture and executions.

AI does not work to prevent persons from being brought to justice but rather, it opposes the forcible return of any person to a country where he or she might reasonably expect to be imprisoned as a prisoner of conscience, tortured or executed. To this end, AI provides information to governments regarding the risks faced by such person if forcibly returned to the country in question. For it work, AI received the Noble Prize in 1977.

In recent years, AI has issued a number of reports concerning human rights violations in India, including Punjab. Although Indian Government has denied AI access to Punjab to have first-hand information, ATs reports have been based on its extensive research from a wide variety of reliable sources, including Punjab Human Rights Organization (PHRO).

Bhai Ranjit Singh Gill and Bhai Sukhminder Singh Sandhu, who are facing extraditions from USA to India, are activists of the All India Sikh Students Federation (AISSF), which advocates a separate and independent State of Khalistan.

Amnesty International USA (AIUSA) has recently filed an amicus curiae brief in the U.S District Court, New York, to apprise the Judge that Sikh activists suspected of advocating a separate Sikh State are often arrested, detained in illegal custody and tortured while held in unacknowledged detention, and some are victims of extrajudicial executions or staged “encounter” killings by the police and security forces.

AI provides this information in order that the decision making in this extradition proceedings be as fully informed as possible and that background documentation filed in the court to ensure that the US is not in violation of its obligations under international as well as domestic law.

AI information summarized in its brief filed in the District Court indicates that Bhai Gill and Bhai Sandhu being AISSF leaders and supporters of a separate Sikh state could be sentenced’ to death as a result of an unfair trial under the Terrorist and Disruptive Activities (Prevention) Act (TADA) if they are extradited to India.

The likelihood of such an occurrence is particularly eminent because these two young, Sikhs have allegedly been charged for the murder in India of a Member of Parliament (M.P) Lalit Maken and conspiracy in the assassination of General AS. Vaidya retired Chief of Staff of the Indian Army. General Vaidya presided over the 1984 army attack on the holy Sikh shrine, the Golden Temple in Amritsar. They have been charged with the politically motivated murders.

AI has recently learned that two co-accused of these young boys were sentenced to death in India on October 21, 1989 for the assassination of General Vaidya. According to AI’s information, the two co-accused Bhai Sukhdev Singh “Sukha” and Bhai Harjinder Singh “‘Jinda” are also Sikh men and advocates for the creation of Khalistan.

AI has documented its concern that Bhai Kehar Singh’s conviction and sentence of death by hanging for conspiracy to assassinate the late Prime Minister and insufficient evidence. Bhai Kehar Singh and Bhai Satwant Singh, both Sikh men, were executed on January 6, 1989, the latter for the murder of Indira Gandhi.

As documented in its report, AI believes that Sikhs, who are suspected of using violence in promoting their cause of Khalistan, are victims of extra judicial executions or false encounters. The police take persons into custody, sometimes torture them in order to extract information, and subsequently and deliberately kill them while in custody. AI’s views are substantiated by the fact that the police are rarely killed or injured during such ‘“encounters” and the victims are always killed rather than wounded.

AI, relying upon the PHRO’s reports, noted that 123 Sikh activists had died in fake encounters during 1987 in few months in Faridkot and Amritsar districts of Punjab alone. A senior superintendent of police, Amritsar, Izhar Alam has-been quoted as saying, “terrorists who had committed five or more murders were killed by the police after they were caught.”

The most recent AI report regarding a false encounter concerns Bhai Rajinder Singh Gill, a professor at Punjab Agricultural University who was arrested on January 25, 1989, and killed in an “encounter” with the police next day.

Torture of detainees and prisoners by the police is a common practice in India. The most persistent allegation of torture of political prisoners has come from Punjab. These political prisoners are mostly Sikhs demanding a separate homeland for the Sikh community. Some of these reports have been confirmed by a retired judge of the Punjab and Haryana High Court, Mr. Justice C.S. Tiwana (An Indian Torture Chamber the full story of Ladha Kothi, PHRO Publication).

In the report, AI noted that the detainees were taken to another prison, Ladha kothi in Sangrur district of Punjab, for interrogation in order to extract information about their connections with armed Sikh groups especially Sant Jarnail Singh Bhindranwale and their involvement in political activities. These detainees explained of being tortured during interrogation.

As a result of these allegations, a commission of inquiry was established by the Punjab State government in November 1985, headed by Justice Tiwana. The commission concluded that they have been removed to Ladha Kothi for that very purpose. Sikh prisoners have also been tortured and beaten while suspending them from the ceiling with their hands tied behind their backs, and, in some cases, given electric shocks.

Other prisoners have suffered torture by having their legs stretched wide apart and chilies inserted into their anus, those who have inflicted torture have been identified to be police officers or member of the Central Reserve Police Force. Moreover dozens of reports consist of allegations that arrested persons were severally tortured during interrogation and killed. Most of the victims have been Sikh political activists.

Al is further concerned that arrests of Sikhs have led to their prolonged detention, substantially increasing the risk of their being subject to torture, The Amnesty has closely monitored and documented the indiscriminate use of TADA in Punjab against the Sikhs. The International Human Rights Organization has also accumulated information concerning the “‘arrests’’ of people under TADA who were subsequently released after being compelled to pay large sums of money to the Police ranging from Rs 20,000 to 50,000.

AI believes that Sikhs who are arrested and detained for indefinite periods of time face a substantial risk of being tortured and subjected to ill treatment; It has issued several reports regarding the Indian government’s violations of procedural safeguards with respect to the 365 Sikhs then held in Jodhpur Jail in Indian state of Rajasthan for over four years without trial.

The number of Sikhs then held were members of the AISSF. These Sikhs were arrested in June 1984 when the Indian Army mounted an attack on the Sikhs holy shrine, the Golden Temple in order to remove the militant Sikh leader Sant Jarnail Singh Bhindranwale and his armed followers.

The Amnesty has additionally received allegations that members of the Sikh community, who have been suspected of involvement in bomb explosions in New Delhi in May 1985, have been subjected to torture in Delhi police station. One Sikh, interviewed by AI, stated that in mid-September 1985, “police in basement of the Ashok Bihar police station rolled iron bars over his legs, while beating him on the soles of his feet He said the police threatened to kill him if he were to discuss he had been tortured.”

In another report issued by AI, two Sikh teachers were rearrested on April 9, 1989 under the Indian Penal Code and Arms Act. No prima facie evidence against the, has been produced, and AI believes that they may have been arrested for their peaceful political activities and statements concerning Punjab.

Amnesty International in its amicus curiae brief, appealed to the District Judge, Mr. Robert W. Sweet, not to extradite Gill and Sandhu to India as they are facing risk of being sentenced to death following unfair trial, killed in a faked encounter by the police or tortured,

Similarly, the Punjab Hum~ an Rights Organization a non’ party and internationally based group which has its headquarters in India at Ludhiana, has also represented to the US Secretary of State for withdrawal of extradition proceedings against these militant leaders, now lodged in New York jail, as they are the important functionaries of the AISSF, a proto party and political arm of the Sikh movement in Punjab.

The human rights organization has further urged the US. Government to set free the two Sikh activists and allow them to stay in the USA or go to the country of their choice. Their lives will be in peril if they are sent to India.

Article extracted from this publication >> May 4, 1990