The Extradition of Kulvur Singh Barapind to India
In Punjab, India, Kulvir Singh Barapind was a senior member of the Sikh Students Federation, a political group advocating for a separate Sikh state, serving in several leadership positions from local president to national joint secretary. Before he fled to the United States in 1993, Indian security forces tortured him severely during two detentions, in order to stop his political activism and force him to reveal the identities of other Federation activists.
Indian security forces tortured him by suspending him in the air from his wrists with his arms tied behind his back, crushing his thigh muscles with a wooden log, tearing his legs apart at his waist to a 180-degree angle, applying electric shocks, and beating him on the soles of his feet, among other methods. Indian security forces also tortured Barapind's family and friends in their efforts to apprehend him.
The Indian government alleges that Barapind was a militant leader, responsible for 11 incidents involving robbery, attempted murder, conspiracy to murder, and murder. It requested Barapind's extradition from the US in 1997. In a decision in August 2001, the Eastern District Court of California found that Indian officials used torture, threats to life, and fabrication of evidence to support the extradition request for Barapind, thus dropping three cases brought by the Indian government. The Court dropped five more cases because they fell under the political offense exception in the extradition treaty.
On November 8, 2005, Judge Wanger of the Eastern District Court of California certified the extradition of Kulvir Singh Barapind to India in three cases involving allegations of murder. Two weeks later, Ensaaf submitted an application for relief from extradition on behalf of Barapind to the US Secretary of State, under the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT). The Convention Against Torture, implemented as federal law, prohibits the US from returning or extraditing individuals who are more likely than not to be tortured upon return.
Barapind's CAT application presents overwhelming evidence that he will be tortured by Indian officials if he is surrendered to India. The application includes evidence that:
- Two Sikhs extradited from the US to India were tortured by Indian officials in 1997, despite diplomatic assurances from the Indian government promising protection from torture;
- Judge Wanger of the Eastern District Court of California determined that Indian officials tortured, killed, and coerced witnesses to fabricate evidence to support India's extradition request;
- Recent State Department and human right reports document flagrant, gross, and mass human rights violations in Punjab and India, including the widespread and systematic use of custodial torture;
- Indian officials continue to torture individuals they suspect to be Sikh separatists. In recent months, India has escalated its practice of torturing suspected Sikh separatists;
- Expert opinion agrees that Barapind is likely to be tortured because of the practice of custodial torture and death in Punjab and India, as well as Barapind's status as a suspected militant;
- Indian officials previously tortured and threatened to kill Barapind, and also tortured his friends and family in their attempts to apprehend him;
- Indian officials extrajudicially executed Barapind's alleged accomplices in the crimes underlying India's extradition request;
- At least one official responsible for torturing Barapind currently holds a senior position in the Punjab police;
- Indian laws do not adequately protect against torture, and, in fact, encourage torture during interrogations; and
- Due process violations will increase the risk that Barapind will be tortured, illegally detained, and denied a judicial remedy to protect himself. Indian authorities will deny Barapind access to counsel, presence of counsel during interrogations, and confidential visits with counsel. They will also detain him for a prolonged and indefinite period, prior to the commencement of trial, and will charge him with extra crimes in violation of the rule of specialty.
The CAT application prepared by Ensaaf contains a detailed brief and 17 exhibits, including 11 affidavits. The Center for Human Rights and Global Justice (CHRGJ) also submitted an amicus letter (pdf, 1.6 MB) in support of the legal position taken by Barapind regarding U.S. obligations under international and domestic law. On December 27, 2005, the CHRGJ called on the U.S. Secretary of State to withhold extradition of any person who is more likely than not to be subjected to torture upon return. The CHRGJ issued its call as the U.S. Secretary of State finalized her decision whether to extradite Kulvir Singh Barapind to India.
Ensaaf also secured the involvement of the United Nations Special Rapporteur on the Question of Torture, as well as the involvement of Congressman Chris Smith and his Professional Staff Sheri Rickert at the House Subcommittee on Global Human Rights. Further, Ensaaf secured a commitment from the US government to monitor the treatment of Barapind and act on any information of abuse.
The US government denied Mr. Barapind's application for relief from extradition, and on June 17, 2006, extradited him to India. On June 19, Human Rights Watch (HRW) called on the Indian government to ensure that its security forces did not torture or mistreat Barapind.
