wfn.org | Sikh Community Update: CHRGJ emphasizes U.S. duty to withhold

[World Sikh Council - America Region <contact@worldsikhcouncil.org>]

Press Release by the Center for Human Rights and Global Justice (CHRGJ)
posted by ENSAAF

For Immediate Release
Tuesday, December 27, 2005

For more information contact: Meg Satterthwaite, 212-998-6657; 347-277-5035

U.S. to Make Decision in Indian Extradition Case
CHRGJ emphasizes duty to withhold extradition to risk of torture

(New York, December 27, 2005) The Center for Human Rights and Global
Justice (CHRGJ) today called on the U.S. Secretary of State to
withhold extradition of any person who is more likely than not to be
subjected to torture upon return.  The call came as the U.S. Secretary
of State finalized her decision whether to extradite Kulvir Singh
Barapind to India.  According to ENSAAF, a human rights organization
fighting impunity in India, Mr. Barapind, a political activist from
Punjab, India, faces a substantial risk of torture upon return.

The United Nations Convention Against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment (CAT), as implemented in U.S.
law and policy, prohibits the U.S. from extraditing individuals who
are more likely than not to be tortured upon return.  The Government
of India requested Mr. Barapind?s extradition in 1997 and in November
2005, the District Court for the Eastern District of California
certified Mr. Barapind for extradition in three cases involving
allegations of murder committed during the militancy in Punjab.
ENSAAF submitted an application for relief from extradition under CAT
on November 23, 2005.

Under U.S. law, the Secretary of State is required to consider all
relevant facts when exercising this duty to withhold extradition.  The
relevant facts in Mr. Barapind?s case include the existence in India
of a consistent pattern of gross, flagrant or mass violations of human
rights, the experience of other similarly situated returnees to India
who report that they were tortured on return, and the individual
circumstances of Mr. Barapind himself.	The application for relief
states that Mr. Barapind was tortured by Indian security forces before
fleeing to the United States in 1993 and that his family and friends
were also tortured by Indian officials.

The CHRGJ submitted an amicus letter in support of the legal position
taken by Mr. Barapind regarding U.S. obligations under international
and domestic law.  ?The Convention Against Torture makes it clear that
the right to be free from torture is absolute and non-derogable,? said
Meg Satterthwaite, Research Director of the Center and co-author of
the amicus letter.  ?The evidence set out in the application suggests
that an individual in the position of Mr. Barapind will more likely
than not be tortured if extradited to India.  Accordingly, a decision
to extradite Mr. Barapind under such circumstances would plainly
violate U.S. law and policy,? said Satterthwaite.

Satterthwaite also stated that ?Diplomatic assurances from India would
not necessarily protect Mr. Barapind against torture.?  ?The U.N.
Special Rapporteur on torture and other cruel, inhuman or degrading
treatment of punishment has criticized diplomatic assurances as
unreliable, ineffective and non-binding,? she added.

For a copy of CHRGJ, Letter to The Hon. Dr Condoleeza Rice, U.S.
Secretary of State, International and Domestic Law Standards Governing
Applications for Relief from Extradition Under the Convention Against
Torture, see http://www.ensaaf.org/CHRGJ-amicus.pdf.

For further information on Mr. Barapind?s case, see
http://www.ensaaf.org/barapind.html.

About CHRGJ

The Center for Human Rights and Global Justice (CHRGJ) at New York
University School of Law (www.chrgj.org) aims to advance human rights
and respect for the rule of law through cutting-edge advocacy and
scholarship. The CHRGJ promotes human rights education and training,
and encourages interdisciplinary research on emerging issues in
international human rights and humanitarian law. Philip Alston is the
Center?s Faculty Director; Smita Narula is Executive Director; Meg
Satterthwaite is Research Director; and Jayne Huckerby is Associate
Research Scholar.

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ENSAAF ( http://www.ensaaf.org), a U.S.-based 501(c)(3) nonprofit
organization fighting impunity in India, works to bring perpetrators
to justice, investigates and exposes human rights violations, and
organizes survivors to engage in advocacy.

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World Sikh Council ­ America Region (WSC-AR)
P.O. Box 3635, Columbus, Ohio 43210, USA
Phone: 614-210-0591, Fax: 419-535-6794
Email: contact@worldsikhcouncil.org
Website: http://www.worldsikhcouncil.org

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