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Brar was a war criminal and had perpetuated crimes against humanity and genocide – SCUK


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The text of the letter at the URL given in post#1 above.

Source: http://www.panjabtim...o.uk/news/1857/

Brar was a war criminal and had perpetuated crimes against humanity and genocide – SCUK

October 10, 2012

RT HON HUGO SWIRE – PUBLIC STATEMENT ON ACCUSED WAR CRIMINAL GENERAL BRAR & MISCARRIAGE OF JUSTICE

The Sikh CouncilUKrepresents the interests of European Sikhs and on behalf of the Sikh Community we would like to categorically state that Sikhism is a faith that stands for justice and being accountable for actions. In the midst of the unravelling crime investigation related to General Brar, we would like to confirm the Sikh community’s support towards crimes being dealt with through a fair investigative and just legal process.

We were therefore greatly disappointed to read your comments in the Mail Online India on 6 October 2012, where you were cited as follows:

“Hugo Swire termed the attack on Brar unacceptable and appalling.’It (the attack on Brar) is of great concern to the United Kingdom.’We don’t want these people here exporting their terrorist views because they represent a real threat to people in the UK apart from anything else. ’It is regarded as being as unacceptable and despicable as people in India do. These things are taken very seriously by this government. ’General Brar was appallingly attacked. It would be wrong for me to comment (further) till we know who the perpetrators are,’ Swire said.”

The Indian Government and Mr Brar in expansive interviews with the UK and Indian media have been widely quoted stating that Sikh ‘terrorists’ or Sikhs who want their own country carried out the attack as retribution for his Military role oppressing them. The label “Khalistani” or “Sikh terrorist” is loosely used to describe an era of Sikh/state relations that have caused international organisations to query the Indian States conduct with Sikhs since 1947. Whilst SCUK condemns violence, the reaction to the assault in the context of Sikhs, did require better handling.

We understand that on 2 October 2012, US human rights organisation Ensaaf (www.ensaaf.org) supported by UK human rights organisations and UK lawyers made an application to the Crown Prosecution Service, Special Crime and Counter Terrorism Division (SCCTD) for consent to an Arrest Warrant for Mr Brar in relation to war crimes, crimes against humanity, torture and hostage taking. This may be known to you. In their application they cited extensive reports and evidence that Gen. Brar was a war criminal and had perpetuated crimes against humanity and genocide. The application could not proceed as an emergency application because Mr Brar’s departure was “imminent” and there was no Judge available to issue an arrest warrant past 5pm. The matter is now with SO15.

Unfortunately the Government has made the process for arresting war criminals in theUKlonger and harder with the requirement that the DPP pre-consent to arrest warrants for foreign nationals. We are aware it may be politically difficult for the state when foreigners from friendly states are arrested in theUKfor international crimes. However, to avoid political repercussions we would have thought making the process more independent of politicians and subject to appeal to the ECHR or other international courts or tribunals would assist both the state in showing the process is independent of politicians and bringing to justice those accused of international crimes.

We attach our previous letter to the Foreign Office on India, which you may have seen. Please also see Army pictures of Operation Blue Star led by Mr Brar on www.sikhgenocide.org. In short, we find it difficult to believe you did not know that organisations from Amnesty to Human Rights Watch want to prosecute Mr Brar for international crimes. To many he is the “state terrorist” face of torture and mass murder. Would you call an assault on a Nazi war criminal or Osama Bin Laden allegedly by his victims “appalling”, “unacceptable” and “despicable” and done by “these people” or a provoked attack? Mr Brar is accused of more extensive crimes than Bin Laden. You may also be interested to know that British Sikhs are amongst his victims and they were disappointed to read your reported comments sympathising with Brar. We thought arresting war criminals was what should be of “great concern” toBritain given we are taking military action in the name of human rights and removing tyrants.

As you may know, in 1984, Lt Gen. Brar led an Indian Army assault under press blackout not just on the GoldenTemple, but on 38 Sikh Gurdwaras in Punjab, Indiain “Operation Blue Star”. Human rights reports show the attack was planned over a year in advance and was not to arrest “terrorists” for whom no arrest warrant was every issued, “[The deputy commissioner of Amritsar]…had categorically informed the highest officials of the Punjab government that if they wanted to arrest Bhindrawale, there would be no major difficulty in organising it” – Reduced to Ashes (2003). The day was a Sikh holy day and Gurdwaras were full; 70,000 Indian troops launched an organised campaign of murder and terror against Sikhs who had been agitating for equal economic treatment with Hindu majority states as set out in the Anandpur Resolution crafted by a Sikh Cambridge graduate. Balram Jakhar, former Indian Cabinet Minister & Speaker of the Indian Parliament, had stated, To preserve the unity of India, if we have to eradicate 20 million Sikhs, we will do so.” Thousands of men, women and children were terrorised, killed, raped and tortured as the Indian Army made Sikh Gurdwaras cages of blood. Many Sikhs have been killed in “false encounters”, where the state fabricates evidence (see human rights reports). In what UNESCO has cited as one of the worst acts of “cultural genocide”, the Army burnt the Sikh Reference Library. Thousands Sikhs also “disappeared” in state action between 1984-1996 when Mr Brar was Lt. Gen. REDRESS, Ensaaf and the Center for Human Rights and Global Justice at New York University School of Law in a letter to the United Nations Working Group on Enforced and Involuntary Disappearances stated: “India’s judicial and human rights institutions have systematically failed to provide truth, justice… India has refused to conduct investigations into these “disappearances,” withheld the names of perpetrators, and failed to provide reparations or guarantees of non-recurrence to survivors… Without international pressure and censure, India will not investigate these “disappearances” or otherwise provide an effective remedy to the survivors.”

One of Mr Brar’s British victims was 17 years old and says he saw him order troops to conduct extra-judicial killings of civilians. He states he was rounded up, tortured and jailed without trial for 5 years. Civilians were locked in Gurdwaras for days, many died, it is reported those that begged the Army for water were told to drink the mixture of blood and urine on the floor. British citizens like him, and human beings generally, deserve the right not to have individuals accused of international crimes characterised as good guys hunting terrorists. It is disappointing that you appear to be more concerned with the wellbeing of a war criminal than holding him to account or standing up for his British victims.

It is of the deepest concern that in your above statement you prejudge who committed the alleged crime and why without any evidence. Your reference to “these people” is disturbing. Who are “these people”? Do you mean Sikhs? That is how it reads. Or do you mean Sikhs who think Mr Brar should be held to justice or the majority of Sikhs globally who want a return to the independent state they had until 1849 (like many Scots)? Do you mean the people who allegedly assaulted him? What do you know about them? Or do you mean SikhsIndia does not like? How do you know the attackers are Sikhs and/ or terrorists? We would be very grateful if the Rt. Hon Minister could explain what you mean given you have made a public statement.

We understand some Sikhs were arrested in connection with the Brar attack on 4/5 October (after your statement) – most of those arrested were released without charge and included a priest, a cook, young men walking on the street, a plumber and two women. We understand further 3 are held on immigration offences after a raid on Gurdwara property. Of concern is that the arrests appear random, unlawful and racially and politically motivated. The community is concerned that the Police simply went to the nearest Gurdwara to the attack site and randomly picked up people due to political pressure and pressure byIndia. This has harassed, intimidated and alarmed British Sikhs. We understand leading Solicitor Gareth Pierce instructed by Central Gurdwara inHollandPark stated that she could not see any grounds for the arrests and that in her view they were unlawful. An IPCC complaint is being prepared. Like the Indian Government, the Met Police appears to have targeted a Gurdwara without any real grounds.

At the time of your cited statement, the perpetrators of the assault had not been caught, their motives are not known. Yet you state: they are “exporting their terrorist views” – please can you explain who is exporting what views? To where from where? We are concerned these types of comments defame all Sikhs and may incite and encourage attacks on Sikhs and legitimise oppression of Sikh human rights in Indian and the UK. You state: they represent a real threat to people in the UK apart from anything else. How do you know this if you do not know who “they” are? These comments judge and incite before knowing the facts. Please explain.

Winston Churchill said in relation to Sikh assistance in World War 1 & 2 said: “British people are highly indebted and obliged to Sikhs for a long time. I know that within this century we needed their help twice and they did help us very well. As a result of their timely help, we are today able to live with honour, dignity, and independence. In the war, they fought and died for us, wearing the turbans.” Sikhs already face substantial prejudice for practising their faith in many countries, they are bullied and persecuted, our religious institutions are attacked; entirely irresponsible comments in relation to Sikhs made to a country accused of Sikh genocide and international crimes should be properly vetted and references to Sikh “extremists” or “terrorists” even more so. We believe your choice of words was careless and provocative. You have thrown British Sikhs under a bus for a foreign war criminal.

The community feeling is there is a witch hunt of Sikhs to appease Indiaunder political pressure. British Sikhs cannot understand how the Government condemns human rights abuses and impunity in other countries then rushes to the defence of one of the worst war criminals in Asia and in the process implicitly condones the persecution of Sikhs with impunity which is still happening in India – of late Sikh lawyers investigating Indian state action have been arrested, tortured and killed and political activists are tortured; India also tortures Sikhs extradited to India despite assurances otherwise (http://www.ensaaf.or...r2012-09-26.php). We believe a better response would have been along the lines of: “We regret the assault on Mr Brar who we understand has been accused of international crimes by human rights organisations. When we have established what happened we will make a statement. In the meantime it is our position that no rush to judgment should be made as no one knows who is to blame or what motivated their actions. We trust justice and due process will be allowed to proceed and urge India not to pre-empt the investigation or use it as an excuse to take action against Sikhs including those legitimately exercising their right to self-determination.” British Ministers should not in our view be repeating views of the Indian Government like a North Korean media outfit.

Please understand your comments have alienated British Sikhs and we would welcome an apology. Unfortunately, your words cannot be taken back but your seat can. We understand that British Sikhs will campaign in your constituency against your re-election on the grounds that you are not a fit and proper person due to your apparent sympathy for accused international criminals and lack of respect for due process, we note if judicially reviewed your comments may be considered to have been unreasonable and made without proper review of the facts. The Sikh scriptures say, “The only enemy is injustice and the only death is the death of the conscience.”

Yours sincerely

Indian Subcontinent Affairs and Community Safety Committees.

SIKH COUNCIL UK

Email: info@sikhcounciluk.org

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