A/HRC/25/60/Add.2
various efforts undertaken to improve the conditions of detention for those held in
immigration facilities. Additionally, efforts to ensure that police forces were upholding
human rights in the face of recent conflicts with foreign workers were relayed by the
Government. While the Special Rapporteur is encouraged by reports of investigations into
these alleged violations, it is noted with concern that there is a lack of compensation and
support for the victims of the Nea Manolada shooting as well as to the families of those
reported to have died while under police custody. The Special Rapporteur encourages the
Government to continue its engagement with the mandate as it moves forward with the
investigations and reforms detailed above.
India
(a)
JAL 11/02/2013 Case No. IND 1/2013 State reply: 12/02/2013 and 08/06/2013 Alleged
execution of Mr. Ajmal Kasab after proceedings that did not comply fully with fair trial and
due process guarantees and whose family was not informed of his execution.
56.
The Special Rapporteur thanks the Government of India for its reply, dated 12
February 2013, to this communication in reference to the alleged execution of Mr. Ajmal
Kasab for his alleged involvement in the 2008 Mumbai attack. Reportedly, Mr. Kasab’s
defense counsel was denied several procedural guarantees that resulted in an unfair
conviction. Mr. Kasab was then allegedly executed in secret without notifying his family or
attorney. The Indian authorities allegedly announced it to the public after the executions
had occurred, and justified their actions as necessary to avoid intervention from human
rights defenders. In its reply, the Government of India simply acknowledged receipt of the
joint allegation letter but did not address any of the concerns contained in the letter, nor did
the Government confirm or deny the facts surrounding the secret execution of Mr. Ajmal
Kasab. Although the Special Rapporteur appreciates a confirmation of receipt, he reminds
the Government of India of his thematic (A/67/279 Paragraph 52) which emphasizes that in
relation to the enforcement of the death penalty, the Human Rights Committee has
recommended that families of death row inmates be given reasonable advanced notice of
the scheduled date and time of execution, with a view to reducing the psychological
suffering caused by the lack of opportunity to prepare themselves for that event
(CCPR/C/JPN/CO/5, para. 16). Secrecy is an especially cruel feature of capital punishment,
highlighting the need for total transparency and avoidance of harm to innocents in the
whole process. The Special Rapporteur calls on the Government of India to address the
concerns surrounding the secret execution of Mr. Ajmal Kasab and to offer appropriate
remedies to the next of kin. He also encourages the Government to continue its
engagement with the mandate.
(b)
JAL 12/03/2013 Case No. IND 3/2013 State Reply: 06/08/2013 Execution of Mr.
Muhammad Afzal Guru after proceedings that allegedly resulted from a conviction based
on a confession extracted through torture.
57.
The Special Rapporteur thanks the Government of India for its reply, dated 6 August
2013, to this communication in reference to the alleged execution of Mr. Muhammad Afzal
Guru based on a conviction reportedly extracted through torture. The communication
referred to the allegedly then imminent execution of Mr. Muhammad Afzal Guru after
proceedings that did not comply with international standards of fair trial and due process
guarantees. According to the information received, Mr. Guru was convicted on charges of
conspiring in an attack and waging war due to his involvement in the attacks at the Indian
Parliament in New Delhi on 13 December 2001. Mr. Guru allegedly provided logistical
support to those involved in the attack, during which nine people were killed. It is reported
that Mr. Guru did not have legal representation from the time of his arrest until after he
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