In the last 4 weeks Sikhs from the UK, Canada, USA, Switzerland, Germany, Italy, Belgium and Netherlands that took part in the World Sikh Lobby in Geneva on 14 March have as promised continued dialogue with around ten UN Special Rapporteurs and Independent Experts. Apart from the successful meetings that took place that day there have been many written exchanges and talks.
The most significant exchanges have taken place with the Special Rapporteur for Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Special Rapporteur for the Human Rights of Indigenous People. The Special Rapporteur for Torture and Special Rapporteur for Extrajudicial, Summary or Arbitrary executions have also asked for meetings in New York.
On 10 April a meeting took place in Geneva with the assistant to the Special Rapporteur on human rights while countering terrorism. Sikh representatives were informed that the World Sikh Lobby in Geneva on 14 March had proved very productive and led to the entire team working for the Special Rapporteurs to meet and assess how the information provided by Sikhs from across the globe could be put to best use in the context of India.
Sikh representatives at the meeting included Kuldip Singh Chaheru, Balbir Singh, Dabinderjit Singh, Master Karan Singh and Harminder Singh Khalsa. The meeting commenced with Sikh representatives reiterating that India was the only country that did not support the resolution at the UN General Assembly regarding the protection of human rights while countering terrorism. This highlighted a fundamental weakness in India's respect for and approach to human rights.
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In the meeting that lasted over an hour the Sikh delegation discussed India’s continued widespread use of draconian anti-terror legislation against Sikhs. It was mentioned the Terrorist and Disruptive Activities Act (TADA), which expired in 1995 and which Nigel Rodley, the UN Rapporteur condemned as "disturbing and completely unacceptable” continues to be used to hold political prisoners.
The Prevention of Terrorism Act (POTA), enacted in March 2002, which replaced the Prevention of Terrorism Ordinance (POTO) in 2001 was also referred to. POTA allows for the detention without charge for 3 months, and 3 more months if allowed by a special judge, deems not disclosing information to the authorities about terrorist activities an offence, and provides extensive new powers to ban organisations and seize their assets. It was pointed out the act is similar to TADA in its provisions for detentions, summary trials, and the use of testimony obtained under duress. In addition, POTA provides for special courts to try offences, places the burden of proof at the bail stage on the accused, allows confessions made to a police officer admissible as evidence, extends the period of remand from 15 to 60 days, and sets mandatory sentences for terrorism-related offences.
The false cases against Professor Davinderpal Singh Bhullar, Balbir Singh Bains and Paramjit Singh Dhaddi were discussed in the context of counter-terrorism along with the extensive use of police cats by the Indian authorities to kill innocents and discredit the Sikh freedom movement. The practices of successive Director Generals of Police in Punjab, such as, the bullet for bullet policy were mentioned. UN officials requested details of specific cases that the Rapporteur could use to have a dialogue with the Indian authorities that could then be used to request a special investigation.