Mr Pankaj Gupta Another Indian National in a Pakistani Prison Accused of "Spying"

                                                              Mr Pankaj Kumar Gupta

Mr Pankaj Gupta is an Indian national now aged 41, was employed as a researcher.

In 1996, Mr Gupta originally from Pankhot Punjab travelled to Pakistan to work. In 2004 he was arrested by the Pakistani authorities for being a "spying" on behalf of India.

It is alleged by Mr Gupta's family, that Mr Gupta was was interrogated  and tortured by the Pakistani authorities for five years before he was sentenced to serve a seven year term prison sentence at Muzaffarbad  Prison in Kashmir. About two months ago, Mr Gupta was transferred to Gilgit Prison situated in Balistan. He has now been transferred to Hadiala Central Jail in Rawalpindi.

The Pakistani authorities failed to notify the Indian authorities immediately upon his detention that they had arrested and were detaining Mr Gupta an Indian national. This is in breach of international law. Mr Gupta's detention is unlawful.

Despite numerous requests, the Pakistani authorities have failed to disclose details of Mr Gupta's arrest, the charges against him and the details of his trial and subsequent conviction. Mr Gupta was (and continues) to be denied access to consular services and legal advice.

This case has been reported to the UN, Amnesty International, Human Rights Watch as well as the Indian and Pakistani authorities. (President Zardari, Prime Minister of Pakistan, Mr Rehman Malik, the Interior Minister of Pakistan).

Following receipt of details of Mr Gupta's case, I was contacted by the family of another Indian national who has  been detained in the same prisons as Mr Gupta. Once again, this prisoner was also arrested for alleged "spying" for India. This particular prisoner from Punjab was only 15 years of age when he was arrested by the Pakistani authorities some eight years ago. His family only found out that he was in a prison in Pakistan two years ago. They do not wish to be identified.

The detention of this young man too, is unlawful and a gross and blatant abuse of human rights.


Further reading:
http://timesofindia.indiatimes.com/city/chandigarh/Another-Punjabi-languishing-in-Pak-jail/articleshow/17592783.cms


 

War Crimes! Captain Saurabh Kalia and His Five Officers Tortured to Death

                                            

                                        The Late Captain Saurabh Kalia  date of birth 29/06/1976

I became aware of Captain Saurab Kalia and the plight of his fellow Officers in November 2010 via my friend  in India, Shalini Malviya. Prior to this date, I had no knowledge of this tragic case.

Dr Narinder Kalia  the father of  Captain Saurabh, himself a retired Officer in the Indian Army relayed to me the shocking background to his son's death and the deaths of his five fellow officers who were all captured alive by the Pakistani Security Forces.

Dr Narinder Kalia spent the last 13years trying to get some answers and justice for his son and five of his fellow officers who were brutally and barbarically tortured to death by the Pakistani Security Forces following their capture and detention.

It is absolutely unbelievable that the successive governments of India have failed to address the serious issues in these cases and failed to ensure justice for these officers who made the ultimate sacrifice for their country.

Captain Saurabh Kalia's fellow officers who were summarily executed were from the 4  JAT Regiment

Sepoy Naresh Singh Sinsinwar
Sepoy Banwari Lal Bagdia
Sepoy Mularam Bidiasar
Sepoy Bhikharam Mudh
Sepoy Arjunram Baswana

These officers were captured on the 15th of May 1999 following a brief encounter on the Indian side of the Line of Control, near Bajrang Post. They were in the custody of the Pakistani authorities from the 15th of May 2006 to the 9th of June 1999 - that is for a period of 25 days in total. The Pakistani authorities failed to notify the Indian authorities that they had captured the Indian  Officers.

The Pakistani Army handed the badly mutilated bodies of all six officers to the Indian Army on the 6th of June 1999. The post mortem reports conducted by the Indian authorities disclose that the  bodies of these officers suffered cigarette burns; the eyes of each the officers had been removed; their teeth and bones were broken. The post mortems further reveal that the officers were tortured alive before they were each shot dead. These officers were captured alive by the Pakistani authorities and they respective deaths occurred whilst they unlawfully detained by the Pakistani authorities. The action of the Pakistani authorities actions define war crimes and in the interest of justice, the international community must ensure that the perpetrators are made to account.

The West would never have allowed such actions to go unpunished. Sixty years plus after the Second World War, the Europeans are still searching, investigating, locating and prosecuting war criminals successfully in the International Criminal Court and the International Court of Justice  and yet India fails to address the atrocities and criminal actions committed by the Pakistani authorities  between 1999 and 2006 against their officers.

The successive Governments of India have failed to confront the Pakistani authorities for an explanation of the deaths of these officers.

Dr Kalia has been relentlessly campaigning for justice for his son Captain Saurabh Kalia and his fellow officers. Dr Kalia has approached the representatives of the Indian Government who have repeatedly  failed to take action

These Officers were Prisoners of War and they should have been treated in accordance with the terms of the Geneva Convention 1949 and afforded the protection under this convention ( www.icrc.org ).
However, whilst the Pakistani government signed up to the Protocol to the  Geneva Convention on the 27th of December 1977, it appears that the treaty has never been ratified by the successive Pakistani governments which  consequently means in effect that it is not binding on Pakistan. This allows the Pakistani authorities to act with impunity.

I advised Dr Kalia to issue a petition in the Supreme Court of India seeking a direction that the court direction Captain Saurabh Kalia's case is referred to the International Court of Justice to be investigated and prosecuted. This petition was issued by Mr Arvind Kumar Sharma Advocate on behalf of Dr Narinder Kalia on the 28th of November 2012 in the Supreme Court of India and is scheduled to be heard on the 14th of December 2012.

I  petitioned the UN in November 2010, at the same time the cases of Captain Saurabh Kalia and his fellow officers were reported Amnesty International, Human Rights Watch as well as the Indian Government. All of whom appear oblivious to the war crimes committed by Pakistan. These organisations concentrate far too much on the endless problems in the Middle East to the point of ignoring the horrendous cases of injustices in South East Asia and in Africa.

On the 12th  November 2012, the UN granted Pakistan a seat on the UN's Council for Human Rights.


Further reading and reference:

http://zeenews.india.com/news/nation/yes-we-killed-captain-saurabh-kalia-pak-soldier_865757.html

 http://www.ndtv.com/article/india/video-shows-pakistani-soldier-sharing-details-of-kargil-martyr-captain-kalia-s-encounter-399249
http://www.divyahimachal.com/himachal-news-2/himachal-excellence-awards-2012-9/

http://www.youtube.com/watch?v=oWoHgPTsW9k

http://articles.timesofindia.indiatimes.com/2012-11-29/india/35434245_1_captain-saurabh-kalia-pakistan-indian-prisoner

http://www.tribuneindia.com/2012/20121129/main2.htm

http://ibnlive.in.com/videos/308211/its-not-just-the-familys-loss-but-entire-nations-loss-khurshid-on-lt-kalia.html

http://www.youtube.com/watch?v=Jif1Uutw4M4&list=UU6RJ7-PaXg6TIH2BzZfTV7w&index=17&feature=plcp

http://ibnlive.in.com/videos/307948/justice-for-saurabh-kalia-army-accuses-govt-of-being-insensitive.html

http://satyameva-jayate.org/2012/11/28/forgotten-hero-fight-for-justice/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+SatyamevaJayate+%28%7C%7C+Satyameva+Jayate+%7C%7C%29

http://www.firstpost.com/india/they-didnt-just-pluck-your-eyes-out-capt-saurabh-kalia-538436.html

 

http://epaper.punjabkesari.in/punjab/fullstory/30262194_268505#.ULUL47Szaf9.facebook

http://ibnlive.in.com/news/setback-for-kargil-hero-lt-saurabh-kalia-govt-unlikely-to-drag-pakistan-to-un-or-international-court/307798-3.html

http://ibnlive.in.com/videos/307728/capt-saurabh-kalias-brother-battles-for-his-honour.html

http://ibnlive.in.com/videos/307891/the-last-word-is-government-ignoring-war-crimes.html

http://ibnlive.in.com/news/kargil-martyr-case-whatever-possible-will-be-done-says-salman-khurshid/307715-3.html

 

http://ibnlive.in.com/news/kargil-diwas-martyrs-parents-seek-justice/274925-3-254.html

http://india.nydailynews.com/politicsarticle/b9db0d2d84765ff7a65c08ef732e77f2/kargil-martyr-s-parents-look-to-sc-president-for-hope

Asian Voice : http://epaper.asian-voice.com/PUBLICATIONS/AV/AV/2012/08/11/index.shtml Page. 14

 

Gujarat Samachar : http://epaper.gujarat-samachar.com/PUBLICATIONS/GS/GS/2012/08/11/index.shtml Page 8

 

Sepoy Jaspal Singh Believed to be Unlawfully Detained in Oman

The Search for Sepoy Jaspal Singh in Oman Continues.

Background: http://justiceupheld.blogspot.co.uk/2012_09_01_archive.html

The authorities in Oman continue to maintain that they do not currently have any Indian nationals in their prisons. They accept that there is a prison on Masarih Island Oman which is a new complex built 6 years ago.

I have been informed by my contact in Oman that there is an old prison on Masarih Island known locally as the 'Old Jail'.

I believe that there is a possibility that Sepoy Jaspal Singh is in bonded labour in Oman - possibly working for an official. I am aware that despite bonded labour being criminalised internationally, it is practised in the region.

A group of publicity seeking Indian business men in Oman jeopardised the search for Sepoy Jaspal Singh by exercising a heavy handed approach with very little understanding of the situation.

I invited a number of the press in Oman including the 'Times of Oman' to publish an appeal in their publication urging Sepoy Jaspal Singh or anyone who knows him to contact the Indian Embassy in Oman. 'The Times of Oman' has failed to respond to this request. It is a state owned publication and therefore I do not expect nothing more from them.

Contact details of the Indian Embassy in Oman:

Telephone: 00 968 2468 4500  Fax: 00 968 2469 8291 E-mail: indiamct@onmantel.net.om

Address: P.O. Box 1727, P.C. 112, Ruwi, Sultanate of Oman.

The affidavit of Mr Sukhdev Singh who met Sepoy Jaspal Singh:

                                                                   

Sepoy Mangal Singh and Sepoy Ram Dass Indian Prisoners of War Believed to be Detained in Kot Lakphat Prison Lahore Pakistan

Sepoy Ram Dass

Mrs Satya Kaur holding a photograph of her husband Sepoy Mangal Singh with her two sons sitting on either side of her; Mr Daljit Singh (right) and Mr Baljinder Singh (left)


 

Mr Rafi Uddin, an Indian prisoner who was released by the Pakistani authorities on the 30th of September 2012 along with a number of Indian fisherman. Mr Uddin maintains that he
was not a fisherman. It is alleged that Mr Uddin spent 24 years in Kot Lakphat Prison. Mr Uddin maintains that he was 12 years of age (!) when he was arrested by the Pakistani authorities.

Mr Uddin produced a  list drafted by a fellow Indian national unlawfully detained in Pakistan by the name of Mr Kuldip Kumar who has already completed his "sentence" however some six yours on, he continues to remain unlawfully detained in Kot Lakphat Prison, Lahore in Pakistan without an explanation from either the Indian or Pakistani authorities.
This list contains the names of 13 prisoners, 14 including Mr Kuldip Singh. 'Mr Mangal Singh'  and 'Mr Ram Dass'. Following the news report in 'Jag Bani' Amritsar prompted the  respective families of Sepoy Mangal Singh and Sepoy Ram Dass contact Jag Bani.

Sepoy Mangal Singh's family claim that Mr Mangal Singh who's name appears on Mr Kuldip Kumar's list is Sepoy Mangal Singh who was in the Indian Army was captured by the Pakistani army during the Indo-Pak war in 1971.

Mrs Satya Kaur (the wife of Sepoy Mangal Singh) alleges that on the 25th of January 1972 at 4:15pm Mrs Satya Kaur recalls that she was listening to a radio programme about Indian PoWs and she heard her husband Sepoy Mangal Singh being interviewed. Mrs Satya Kaur recalls that Sepoy Mangal Singh confirmed his name and his Army number: 2447645 of the Punjab Regiment. He also confirmed the names of their sons; Daljit Singh and Baljinder Singh. Mrs Satya Kaur reported this information to the Indian authorities but nobody would believe her since the Indian Army continue to maintain that Sepoy Mangal Singh had died in action.

Mrs Kumari maintains that her husband Sepoy Ram Dass 1285580 Nentan Regiment was captured by the Pakistani Army during the Indo-Pak War in the 1970's. The list refers to 'Ram Dass son of Bilja'; Mrs Kumari maintains that 'Bilja' was the name of her late father-in-law. Like Mrs Satya Kaur, Mrs Kumari was also informed by the Indian authorities that Sepoy Ram Dass had died in action during the 1971 Indo-Pak War.


Mr Kuldip Kumar reports that most of the prisoners on the list he has provided  are suffering from mental health problems. It appears that these prisoners have been denied the right to medical assessment, treatment as well as being denied access to Consular service as well as access to legal advice.  This is a gross abuse and serious breach of human rights. All of these prisoners require urgent help and support.


Regardless of whether these prisoners are Indian Army Officers or civilians, they should all (including Mr Kuldip Kumar)  be released forthwith. These prisoners are currently being unlawfully detained by the Pakistani authorities.

If it is established that Mr Mangal Singh and Mr Ram Dass are indeed prisoners of War then their respective detention amounts to war crimes. These prisoners ought to be treated as Prisoners of War as defined under the Geneva Convention and to be afforded the protection and rights stipulated under the Convention.


These cases have been reported to the offices of Mr Salman Khurshid’s India’s Minister of External Affairs, UN, Amnesty International and Human Rights Watch, each of whom have acknowledged receipt.Court papers have been prepared in relation to each case and these will be handed to lawyer in Pakistan to annex to petitions to be issued in the Lahore High Court seeking an Order for these prisoners to be released with immediate effect.

Further information:

http://www.timesnow.tv/videoshow/4415451.cms

http://epaper.punjabijagran.com/c/526752

http://articles.timesofindia.indiatimes.com/2008-09-01/chandigarh/27949983_1_pak-jail-indo-pak-pakistan-army

http://articles.timesofindia.indiatimes.com/2012-11-19/india/35204490_1_pak-jail-indian-prisoner-indian-pows

http://timesofindia.indiatimes.com/city/chandigarh/UK-based-advocate-writes-to-Sheikh-to-file-petition-for-release-of-prisoners-of-war/articleshow/17281501.cms

http://timesofindia.indiatimes.com/city/chandigarh/Families-of-two-Punjabi-Prisoners-of-War-approach-UK-based-lawyer-for-their-release/articleshow/17270179.cms

http://epaper.punjabkesari.in/punjab/fullstory/31447146_252206#.ULO8DGHo2PY.email

http://jagbani.in/Amritsar/fullstory/30101122_66658#.UGjzW47w42E.email

Update: Mr Bhavesh Parmar - Released after 7 years!

                                          Mr Bhavesh Parmar united with his mother Mrs Hansa
                                          Parmar after 7 years of being unlawfully detained in Kot
                                          Lakphat Prison Lahore in Pakistan.
                                         

Mr Bhavesh Parmar was released by the Pakistani authorities on Thursday 25th of October 2012.

Background to the case:

 

http://justiceupheld.blogspot.co.uk/2012_05_01_archive.html

 

 

News report:

http://timesofindia.indiatimes.com/city/mumbai/Distribute-sweets-Bhavesh-is-being-released-jailer-said/articleshow/16985999.cms

http://timesofindia.indiatimes.com/india/Techie-returns-a-free-man-8-years-after-drifting-into-Pakistan/articleshow/16961310.cms
 

http://www.dnaindia.com/mumbai/report_pakistan-to-free-vile-parle-man-on-october-25_1755202

In Punjabi:

http://jagbani.in/Amritsar/fullstory/28728958_68776#.UIpKpFGyxjI.email

http://haryana.punjabkesari.in/haryana/fullstory/33291190_259080#.UIo_H41YoTI.email


Copyright 2012 Jas Uppal 

Mr Surjit Singh (aka "Makhan" Singh) aged 76 years Released after 36 YEARS!

Mr Surjit Singh was released by the Pakistani authorities on Thursday 28th of June 2012:

http://ibnlive.in.com/news/surjeet-singh-crosses-wagah-arrives-in-india/268304-3.html
http://www.bbc.co.uk/news/world-asia-18621746

Copyright 2012 Jas Uppal

Mr Bhanudas Vitthale Karale Released by the Pakistani Authorities!

                                         Mr Bhanudas Karale surronded by his brother, sons and nephew

Mr Bhanudas Karale was released by the Pakistani authorities on Friday 15th of June 2012. Mr Karale's brother, sons and nephew met him for the first time following his release on Sunday 17th of June.

The family travelled from Mahrashatra to Amritsar to meet and collect Mr Karale.

Mr Karale has disclosed that he was tortured upon his detention by the Pakistani authorities and denied access to medical and legal advice as well access to Consular sevice. This is in gross breach of international human rights legislation.

Further Mr Karale was not tried let alone convicted in a court of law of any offence(s). The Pakistani authorities failed to notify the Indian authorities that they had arrested and detained an Indian national. Pakistan is a signatory to the Vienna Convention on Consular Relations.

Under Article 36 of the Vienna Convention on Consular Relations, 1963 (VCCR), local authorities must notify all detained foreigners "without delay" of their right to have their consulate informed of their detention. At the request of the national, the authorities must then notify the consulate without delay, facilitate unfettered consular communication and grant consular access to the detainee. Consuls are empowered to arrange for their nationals' legal representation and to provide a wide range of humanitarian and other assistance, with the consent of the detainee. Local laws and regulations must give "full effect" to the rights enshrined in Article 36.

Article 36

Communication and Contact with Nationals of the Sending State

1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State:
   • consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;
   • if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph;
   • consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.
   
   
2. The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this Article are intended.

News Reports:

http://week.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/theWeekContent.do?programId=1073754900&contentId=11862215

Hindi: http://chandigarh.punjabkesari.in/chandigarh/fullstory/31973934_218306-#.T9wOybqsNSY.email

Punjabi: http://jagbani.in/Punjab/fullstory/28848960_56842#.T9wN6OEkaqc.email

A reconstruction by India's TV programme 'Crime Patrol' of Mr Bhanudas Vitthale Karale's disappearance and subsequent release from Kot Lakphat Prison, Lahore Pakistan (Part 1): http://www.youtube.com/watch?v=SFjPRI_RpKI&feature=em-share_video_user

Part 2: http://www.youtube.com/watch?v=HELnCt9qGQs&feature=em-share_video_user

Video interview: 17/06/2012

 

Copyright 2012 Jas Uppal

Mr Bhanudas Vitthale Karale Unlawfully Detained in Kot Lakphat Prison Lahore Pakistan

Letter from Mr Bhanudas Vitthale Karale to his family urging his family to help secure his release from Kot Lakphat Prison Lahore in Pakistan. Mr Karale handed this letter to a fellow prisoner Mr Gulab Singh who was released in August 2011.


Mr Karale aged 58 years who has a history of suffering from mental health problems left his family home in Ahmednagar in Maharashtra in India sometime in 2008. I understand from Mr Karale's family that he would often leave his family home for periods of time without an explanation.

It is believed  (but not confirmed) that Mr Karale was  was arrested on the  28th of August 2010 by the Pakistani authorities for allegedly illegally entering Pakistan. There is no evidence confirming that Mr Karale was charged or indeed tried in a court of law for alledgedly entering Pakistan illegally.

Following his arrest Mr Karale has been detained in Kot Lakphat Prison, Lahore in Pakistan. The Pakistani authorities failed to notify the Indian authorities that they had arrested and detained an Indian national. Further,  Mr Karale was denied the benefit of Consular Services and legal advice.

Mr Karale's family unaware that Mr Karel was in
I received a recording of an interview with Mr Gulab Singh an Indian national who was released by the Pakistani authorities in August 2011.

Mr Gulab Singh was interviewed by Mr Neeraj Sharma, who is a senior journalist with the ‘Punjab Kesari’ immediately after Mr Gulab Singh crossed the Wagha Border into India following his release.

Mr Gulab Singh produced two letters; one from Mr Bhanudas Vitthale Karale and the other from Mr Satinder Paul Singh both letters were pleading for help to secure their respective release. Mr Neeraj Sharma forwarded both of the letters and the video recording of Mr Gulab Singh’s interview to me.

Mr Satinder Paul Singh’s letter did not contain his family’s address in India whereas Mr Bhanudas Vitthale Karale did.

I wrote to Mr Bhanudas Vitthale Karale’s family and urged them to forward documents verifying Mr Karale’s identity and advised them to contact various Indian authorities to alert them to the fact that Mr Karale was unlawfully detained in Kot Lakphat Prison, Lahore Pakistan. I also advised them to contact Mr Neeraj Sharma in India.

I understand Neeraj Sharma also wrote to Mr Karale’s family.

Mr Karale’s nephew, Nitin Karale contacted me and Mr Neeraj Sharma. Nitin confirmed that his family were unaware that Mr Karale was in a Pakistani prison.  Mr Karale’s family reported him to the authorities as a missing person and were trying to ascertain his whereabouts.

Nitin Karale immediately arranged to forward the documents verifying Mr Karale’s identity to me. These were e-mailed to the Indian Embassy in Islamabad Pakistan as well as the Indian authorities.

I received confirmation from the Indian authorities that now that they are in receipt documents verifying the respective identities of Mr Bhanudas Vitthale Karale and Mr Satinder Paul Singh, they were confident that both men will be released shortly.

I mentioned these cases to Mr Sheikh. He asked me to forward the evidence including copies of the identity verification documents which I did. Mr Sheikh issued a petition in the Lahore High Court annexing and referring to the evidence that I had provided together with the copy identity verification documents in or around October 2011 seeking an Order for these two prisoners to be released.

On the 3rd of November 2011, the High Court of Lahore Ordered Mr Bhanudas Vitthale Karale and for Satinder Paul Singh to be released and in addition Ordered all Indian prisoners who had served their respective sentences to be released upon production of documents verifying their respective identities. It is believed that 30 Indian prisoners have served their respective sentences and are currently waiting to be released. That is a total of 32 prisoners which includes both Mr Bhanudas Vitthale Karale and Mr Satinder Paul Singh.

Mr Satinder Paul Singh was released on Sunday 8th of January 2012. Mr Bhanudas Vitthale Karale and the remaining 30 Indian prisoners are yet to be released.


News reports:

httpnewindianexpress.com/nation/article337231.ece

http://ibnlive.in.com/news/indians-in-pak-jail-despite-completing-sentence/244832-3.html

http://www.youtube.com/watch?v=gnyEg-t7vug&feature=player_embedded&noredirect=1
 
Copyright 2012 Jas Uppal

Mr Bhavesh Kantilal Parmar Unlawfully Detained in Pakistan Since 2005 and Continuing...

                  Mr Bhavesh Kantilal Parmar in Kot Lakphat Prison Lahore Pakistan since 2005


 After starting the 'Free Sarabjit Singh Campaign'; please note www.freesarabjitsingh.com . Mr Sarbjit Singh's case has resulted in other families of prisoners unlawfully detained in Pakistani prisons coming forward and seeking help in the hope of securing the release and return of the relatives.

One such case is that of Mr Bhavesh Kantilal Parmar.

Facts of case:

Mr Bhavesh Kantilal Parmar and Indian national aged 32 from Mumbai is an architect by profession.

In 2005 Mr Parmar's father passed away following. Mr Parmar who is prone to depression and had difficulties in coming to terms with his father's death. It is my understanding that shortly after his father's death, Mr Bhavesh Parmar boarded a train to Amritsar in the north of India. It is unclear how Mr Parmar then managed to board the high security 'Samjhauta Express' train to Pakistan where he was detained for failing to provide documents and then ended up in Kot Lakphat Prison, Lahore in Pakistan where he continues to remain to date.

The Pakistani authorities have repeatedly failed to clarify the reason for Mr Parmar's arrest and or explain their failure to release to him. Accordingly Mr Parmar's detention is unlawful. Further there are concerns about the state of Mr Parmar's mental health which remains undiagonised and untreated in prison. Under international law, this amounts to torture.

Mr Parmar's mother Mrs Hansa Parmar was formally informed that her son was in Kot Lakphat Prison in 2009 - some 4 years after his disappearance and without knowledge of what had happened to her son in the intervening period.

Action taken: 

 

Mr Parmar's case has been reported the matter to the international human rights agencies, and invited both the Indian and Pakistan authorities have asked to secure the release and return of Mr Parmar to his mother in India. There is no valid or justifiable grounds for his detention.

Further articles:
http://articles.timesofindia.indiatimes.com/2012-05-13/mumbai/31689040_1_mentally-ill-youth-vile-parle-sarabjit-singh
http://www.punemirror.in/article/2/2012050520120505022328859b4945621/Man-missing-since-2005-is-in-Lahore-jail.html

Contact:

E-mail:

support@freesarabjitsingh.com

media@freesarabjitsingh.com

www.freesarabjitsingh.com

http://www.facebook.com/group.php?v=wall&gid=240430634069

Twitter: #freeourdad

17 Indian Nationals

Mr Surjit Singh (aka "Makhan" Singh) an Indian National aged 76 Unlawfully Detained in Pakistan for 36 years and continuing....

Mrs Parminder Kaur attending a recent press conference and holding a photograph of her father Mr Surjit Singh.

Mr Surjit Singh (aka “Makhan Singh) is an Indian national aged 76 years who has spent the last 36 years of his life (and continuing) in Kot Lakphat Prison Lahore Pakistan following a dubious conviction in 1976 for “spying”. He was denied access to the Indian Consular or legal advice and representation at his trial and therefore did not have the benefit of a fair trial.  Mr Surjit Singh’s conviction is unsafe. Accesses to Mr Surjit Singh’s original prosecution and defence files have been ignored.

Initially, Mr Surjit Singh was sentenced to death which was later commuted to life in imprisonment. In Pakistan a life sentence is equivalent to 25 years in prison.  This means that Mr Surjit Singh’s sentence should have been completed in 2004. Mr Surjit Singh has served 11 years (and continuing) above and beyond the tariff determined against him. He has been denied all contact with his family in India. The Pakistani authorities have refused Mr Surjit Singh’s family visas to visit him in prison throughout the duration of his incarceration. Mr Surjit Singh is unaware that his eldest passed away in tragic circumstances.

Mr Surjit Singh suffers from various undiagnosed and untreated health conditions which have been drawn to the attention of the International Red Cross who under the Geneva Convention can visit and attend to foreign nationals detained in foreign prisoners. Unfortunately, despite repeated requests I have yet to receive an acknowledgment let alone a response from the International Red Cross. I am aware that Mr Surjit Singh health conditions continue to remain untreated. Mr Surjit Singh is being wilfully denied medical treatment. This amounts to torture.

This case and other similar cases have been repeatedly referred to Amnesty International and Human Rights Watch and other international human rights organisations. Unfortunately they have failed to acknowledge or confirm whether that they will intervene in this case. It is of concern that the international human rights organisations appear to be selective as to which causes and countries they champion at the exclusion of cases like that of Mr Surjit Singh.

Mr Surjit Singh’s case was drawn to the attention of the Foreign & Commonwealth Office earlier this year.  The Foreign & Commonwealth Office’s response was that this case is a matter between governments of India and Pakistan. I beg to differ; this case and other cases of this type are essentially about abuses and breaches of human rights.  Our Government donates considerable amount of financial aid to Pakistan. This should be monitored and be subject to the government of Pakistan addressing its record in relation to human rights.

Mr Surjit Singh’s case came to my attention by his daughter Mrs Parminder Kaur who lives in Punjab, India. Evidence was gathered, collated and forwarded to Mr Awais Sheikh to annex to the petition he subsequently issued in the High Court Lahore:

http://www.dailymail.co.uk/indiahome/indianews/article-2141413/Indian-Pakistani-jail-30-yrs-walk-free-months.html?ito=feeds-newsxml

Jas Uppal

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