amnesty international
Urgent Action

UA-Nr: UA-EX-085/1999-2
AI-Index: ASA 20/004/2001
Datum: 16.01.2001

DEATH PENALTY / FAIR TRIAL




Further information on EXTRA 85/99 (ASA 20/25/99, 14 July 1999, and follow-up ASA 20/28/99, 23 July 1999)

INDIA: Sheikhmiran
Selvam Radhakrishnan

The Governor of Tamil Nadu has rejected mercy petitions lodged by Sheikmiran, Selvam and Radhakrishnan against their death sentences. The President of India is expected to rule soon on a further petition lodged by the condemned men in July 1999.

The three men were found guilty of murder following a series of tit-for-tat gang-related killings in Nagercoil, Tamil Nadu. They were alleged to have been among a group of men who murdered a rival gang member in June 1994. They were sentenced to death on 5 October 1998. Others alleged to be involved in the killing were sentenced to life imprisonment.

Amnesty International has recently learnt that key witnesses for the prosecution have reported that they were coerced by police into testifying against the three men. Lawyers have also raised concern about the legality of the Supreme Court's dismissal, in July 1999, of a review petition in their case. These concerns heighten fears about the fairness of the trial process and the upholding of their death sentence.

BACKGROUND INFORMATION

India's highest courts have ruled that the death penalty can only be applied in the "rarest of rare" cases. Because this is not further defined and no clear guidelines exist, this means that the use of the death penalty in India depends to a large extent on how individual judges interpret this phrase.

Executions can only be carried out after the president has been given enough time to consider petitions of clemency.

FURTHER RECOMMENDED ACTION: Please send faxes/express/ airmail letters in English or in your own language:

  • urging President Narayanan to commute the sentences of death against Sheikmiran, Selvam and Radhakrishnan;
  • expressing concern at reports that witnesses were coerced into giving evidence against the three men;
  • expressing your sympathy for the victims of violent crimes and their families but expressing unconditional opposition to the death penalty as a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and emphasizing that the death penalty has never been shown to have a special deterrent effect.

    APPEALS TO:

    Mr K.R. Narayanan
    President of India
    Office of the President
    Rashtrapati Bhavan
    New Delhi 110 004, India
    Faxes: 00 91 11 301 7290
    Salutation: Dear President

    Mr L K Advani
    Minister of Home Affairs
    Ministry of Home Affairs
    North Block, New Delhi 110 001, India
    Faxes: 00 91 11 301 5750
    Salutation:Dear Minister

    COPIES TO:

    Justice Anand
    Chief Justice of India
    Supreme Court of India
    Tilak Marg
    New Delhi 110 001, India

    Kanzlei der Botschaft der Republik Indien
    Pohlstr. 20, 10785 Berlin
    (S. E. Herrn Ranendra Sen)
    Telefax: (030) 4853 003; (030) 4863 8662
    E-Mail: 106071.2115@compuserve.de oder 106373.3643@compuserve.com

    PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 27 February 2001.



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