Starmer urged to intervene in ‘rigged’ Indian prosecution of British human rights activist | India
Four senior lawyers, including former attorney-general Dominic Grieve, have written to Keir Starmer asking him to request that Indian prosecutors drop the charges against British national Jagtar Singh Johal on the grounds that continuing the prosecution would clearly breach the double jeopardy rule, which prevents someone from being tried twice for the same offence.
Johal has been held in an Indian prison for eight years and was acquitted of terrorism charges against him in a Punjab court in March last year. The court ruled that prosecutors had ‘grossly failed’ to present any credible evidence despite having seven years.
Despite his acquittal, Johal faces eight essentially identical cases filed by India’s National Investigation Agency (NIA), based on the same “confession” printed on a piece of paper that his supporters claim he signed after being tortured with electricity by police and threatened with being burned alive.
The letter, which calls on Starmer to recognize legal fairness in intervention as a former human rights lawyer, was also signed by eminent barrister Lady Helena Kennedy, former Lord Advocate for Scotland, Dame Elish Angiolini and Geoffrey Robertson KC. It is hoped that the skill of the letter writers will encourage Starmer to intervene.
In their letter, the quartet say it would be “entirely appropriate” for the UK government to ask the Indian government to drop the remaining case, as domestic trials in India would acquit Johal of all charges against him.
According to them, the double jeopardy rule “reflects a fundamental and intuitive principle that in a just system no one should be repeatedly tried, tried or punished for crimes for which he has previously been convicted or acquitted. The double jeopardy prohibition exists in many areas of international law, including international human rights law, international criminal law and international humanitarian law. It is generally accepted that it forms part of the right to a fair trial, which is itself part of customary international law, that is, applies to all states, whether they are party to a particular treaty or treaty.” regardless.”
They also note that “fundamental protection against double jeopardy is recognized in more than 50 national constitutions and is well established in common law areas including Canada, Australia, Ireland, Israel, the United States and New Zealand, as well as India and the United Kingdom.”
They say the rule is also incorporated into Indian domestic law and hence seeking his release would be showing due respect to the Indian legal system.
They say they understand that: “The UK cannot interfere in the legal systems of other countries, but it is vital that the executive and executive branches of each state respect the rule of law and uphold international minimum standards, particularly in cases involving the death penalty.
“United Nations legal experts found that Johal was targeted and arbitrarily detained for his activism exposing human rights abuses against India’s Sikh community.”
Jagtar’s brother Gurpreet, who lives in Dunbarton, said: “The Prime Minister needs to accept that this is not a legitimate legal process, it is a rigged game designed to punish my brother for his human rights activism and it is a game with no end in sight.
“He and his lawyer are subpoenaed, the NIA finds an excuse for an adjournment, the Judge agrees to a two-month adjournment… rinse and repeat. Meanwhile, Jagtar’s life slips away and the prime minister does nothing. Sir Keir Starmer knows arbitrary detention when he sees it. He knows what double jeopardy is. It’s time to show some leadership and bring Jagtar home.”
