On 14 August, India’s Supreme Court upheld its rejection of Devender Pal Singh Bhullar’s commutation plea. He is now at risk of imminent execution. The mercy petitions of two other men were also rejected by the President in August, and reports suggest they could be executed on 22 August.
Devender Pal Singh Bhullar was sentenced to death in August 2001 for his involvement in a bomb attack in New Delhi in 1993 that killed nine people. He was arrested under the Terrorist and Disruptive Activities (Prevention) Act (TADA), a law that contained provisions incompatible with international fair trial standards, and had no access to a lawyer during his initial detention and trial. He was found guilty on the basis of a “confession” to the police which he later retracted, claiming it was made under police pressure.
In March 2002, the Supreme Court upheld his death sentence, though one of the three judges had found him not guilty, saying there was no evidence to convict him. The President rejected Devender Pal Singh Bhullar’s mercy petition in May 2011, eight years after the request was filed. This decision was challenged before the Supreme Court, including on grounds of an inordinate delay in the consideration of his mercy petition. The Supreme Court rejected his plea on 12 April, in a judgement that ignored claims he had been subjected to cruel, inhuman or degrading treatment or punishment. A review petition of this judgment was dismissed on 14 August 2013.
Devender Pal Singh Bhullar has been receiving treatment at a psychiatric facility, and a medical board has reportedly stated that he is suffering from severe depression and shows symptoms of psychosis and suicidal tendencies. International standards on the use of the death penalty prohibit the use of capital punishment against people with mental disability. Since taking office, President Pranab Mukherjee has rejected mercy petitions of at least 19 people. In August, he rejected the mercy petitions of Shivu and Jadeswamy, who were sentenced to death in July 2005 for the rape and murder of a woman in 2001. Their executions have been reportedly scheduled for 22 August.
Please write immediately in English or your own language:
- Calling on Indian authorities not to execute Devender Pal Singh Bhullar, Shivu and Jadeswamy or any other prisoners
- Calling on Indian authorities to retry Devender Pal Singh Bhullar’s case in proceedings that meet international fair trial standards;
- Urging them to immediately halt any further executions, commute all death sentences to terms of imprisonment, and establish an official moratorium on executions with a view to abolishing the death penalty.
[highlight]Email: (via form) http://pmindia.nic.in/feedback.php? ln=english Salutation: Dear Prime Minister And copies to: Minister of Home Affairs Mr. Sushilkumar Shinde[/highlight]
PLEASE SEND APPEALS BEFORE 30 SEPTEMBER 2013 TO: President of India Mr. Pranab Mukherjee Rashtrapati Bhawan New Delhi 110001 India Fax: +9111 2301 7290 Email: (via form) http://www.helpline.rb.nic.in/Grievanc eNew.aspx
Salutation: Dear President
Prime Minister Dr Manmohan Singh South Block, Raisina Hill New Delhi 110001 India Fax: +9111 2301 9545
Email: (via form) http://pmindia.nic.in/feedback.php? ln=english Salutation: Dear Prime Minister And copies to: Minister of Home Affairs Mr. Sushilkumar Shinde
104 North Block Central Secretariat
New Delhi 110001 India Fax: +9111 2309 4221
Email: hm@nic.in
Also send copies to diplomatic representatives accredited to your country.
Please check with your section office if sending appeals after the above date. This is the first update of UA 91/13. Further information:
Source: Amnesty International