SFJ and MMR Lodge criminal complaint against Kamal Nath in Switzerland

[JasSinghKhalsa]

http://www.sikhsiyasat.net/2013/01/19/sfj-seek-arrest-warrants-from-swiss-court/

SFJ & MMR lodged criminal complaint against Kamal Nath in Switzerland; Seek arrest warrants from Swiss Court

By Parmjit Singh

Published: January 19, 2013

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Switzerland (January 18, 2013): Ahead of Kamal Naths trip to Switzerland right groups Sikhs For Justice (SFJ) and a Swiss NGO Movement Against Atrocities & Repression (MAR) filed a preliminary indictment with Attorney General of Switzerland urging prosecution of Nath for his role in genocide of Sikhs during November 1984.

Kamal Nath, Who faces the accusations of 1984 Sikh Genocide

Minister Nath is leading Indias delegation to attend World Economic Forum Annual Meeting-2013 from January 23-27 being held in Davos, Switzerland.

The eleven page criminal complaint filed with Michael Lauber, Swiss Attorney General is based on provisions of Swiss Penal Code which provide jurisdiction over genocide offenders and on the ratification of the UN Genocide Convention by Switzerland and India. Under Article 1 of the Convention, Swiss authorities are under obligation to prosecute and punish the individuals who participated in Genocide. Articles 6 and 264 of the Swiss Penal Code give jurisdiction to the Swiss authorities over the individuals who participated in genocide if they are present on Swiss soil.

The complaint alleges that on November 1, 1984, Nath lead an attack on Gurudwara Rakab Ganj in Delhi. Nath was leading and in control of a death squad comprising of thousands. On the instigation, orders and directions of Nath, many Sikhs were burnt alive and the Temple was put on fire. Police was present at the scene of occurrence at all times but instead of preventing the attack, the police upon Congress leader Kamal Naths instructions joined the attackers and fired several rounds at the Gurudwara.

According to attorney Gurpatwant Singh Pannun who practices human rights law in the United States, filing of indictment is a first step towards prosecution of genocide offenders in Switzerland. On January 23rd while Kamal Nath will be present on Swiss soil, an application will be moved before the Cantonal Court of Davos for issuance of arrest warrants against Nath on the charges of inciting, participating, conspiring, aiding, abetting and carrying out genocidal attacks on Sikh population of India in November 1984, added attorney Pannun.

According to Harminder Singh Khalsa spokesman for MAR, a rally will held on January 26th in Davos to protest against Naths presence in Switzerland.

In February 2011, Center for Constitutional Rights (CCR) a human rights NGO filed a similar complaint against Bush for allowing torture of detainees. Fearing prosecution and possible arrest, President Bush had to cancel his Geneva Trip.

The complaint against Nath is endorsed by All India Sikh Students Federation (AISSF) President Karnail Singh Peermohammad.

[JasSinghKhalsa]

Any update on this? Has this criminal been arrested in Swiss and put behind bars?

[Singh, Mahan]

Further development

Source: http://www.sikhsiyasat.net/2013/01/24/sikh-genocide-1984-swiss-attorney-general-dockets-criminal-case-against-indian-minister-kamal-nath/

Sikh Genocide 1984 – Swiss Attorney General dockets Criminal Case against Indian Minister Kamal Nath

By Parmjit Singh Published: January 24, 2013

Davos, Switzerland (January 24, 2013): As per recent inforamtion the Attorney General of Switzerland has docketed {SV 13.0090-BOL} a criminal case against Indian Minister Kamal Nath who is leading India’s delegation to attend World Economic Forum Annual Meeting-2013 being held in Davos, Switzerland on the complaint of Sikh rights groups. The complaint filed by Rights’ groups to Swiss AG Michael Lauber charges Minister Nath with the specific crimes of conspiring, directing, inciting genocide of Sikhs during November 1984 as defined in Article 3 of the Genocide Convention and Article 264(4) of the Swiss Penal Code.

According to information available with Sikh Siyasat News (SSN) on January 23, 2013 Laurence Boillat a Federal Prosecutor assigned to Kamal Nath’s case, has forwarded the criminal complaint to the State of Grison’s Office of Public Prosecutor which is competent authority under Article 39 Code of Criminal Procedure to take further action as Minister Nath is expected to be attending meeting at Davos which falls within his territorial jurisdiction. Article 32(2) of the Swiss Criminal Procedure Code provides that the authorities of the place where the accused was found have jurisdiction to initiate investigation, issuance of warrants and prosecution.

Seeking arrest warrants and prosecution of Minister Nath from Public Prosecutor of Grisons, attorney Gurpatwant Singh Pannun, legal advisor to “Sikhs For Justice” (SFJ) stated that on January 24th, rights groups will present evidence and documentation of Nath’s role in attack on Gurudwara Rakab Ganj in Delhi on November 01, 1984 in which many Sikhs were burnt alive. Article 210 of the Swiss Criminal Procedure Code provides for an accused person to be arrested and brought before the authorities if there is a strong suspicion, as is in the case of Minister Nath, that he or she has committed a felony or misdemeanor and there is reason to believe that there are grounds for the person’s detention, added attorney Pannun.

On January 21, SFJ a new York based human rights group and a Swiss NGO “Movement Against Atrocities & Repression” (MAR) filed a preliminary indictment with Michael Lauber, Swiss Attorney General urging prosecution of Minister Nath for his role in genocide of Sikhs during November 1984. The criminal complaint is based on provisions of Swiss Penal Code which provide jurisdiction over genocide offenders and on the ratification of the UN Genocide Convention by Switzerland and India. Under Article 1 of the Convention, Swiss authorities are under obligation to prosecute and punish the individuals who participated in Genocide.

MAR, spokesman Harminder Singh Khalsa and Master Karnail Singh declared that a “Justice Rally” will be held on January 26 at Davos urging Swiss authorities to arrest and prosecute Minister Nath who is responsible for the genocidal attacks on the Sikhs during November 1984.

The criminal complaint against Minister Nath is endorsed by All India Sikh Students Federation (AISSF), President Karnail Singh Peermohammad and by Kesari Lehar International, a UK based organization working to raise issue of human rights violations against Sikh community.

[lsingh]

http://articles.timesofindia.indiatimes.com/2013-01-24/india/36525924_1_kamal-nath-gurpatwant-singh-pannun-sikhs

Swiss AG dockets criminal complaint against minister Kamal Nath

IP Singh, TNN Jan 24, 2013, 11.25AM IST

Sikh Riots|

• Kamal Nath|
• Gurpatwant Singh Pannun|
• Davos

JALANDHAR: The Attorney General of Switzerland has docketed {SV 13.0090-BOL} a criminal complaint against union Urban Development Minister Kamal Nath, who is leading India's delegation to attend World Economic Forum Annual Meeting-2013 being held at Davos, Switzerland on the complaint of two rights group.

The complaint was filed by Sikhs for Justice and Swiss NGO "Movement Against Atrocities & Repression" (MAR) with Michael Lauber, Swiss Attorney General urging prosecution of minister Kamal Nath for his alleged role in genocide of Sikhs during November 1984 in Delhi in conspiring, directing, inciting genocide of Sikhs - as defined in Article 3 of the Genocide Convention and Article 264(4) of the Swiss Penal Code.

January 23, Laurence Boillat a Federal Prosecutor assigned to Nath's case, forwarded the criminal complaint to the State of Grison's Office of Public Prosecutor which is competent authority under Article 39 Code of Criminal Procedure to take further action as Kamal Nath is expected to be attending the meeting at Davos which falls within his territorial jurisdiction. "Article 32(2) of the Swiss Criminal Procedure Code provides that the authorities of the place where the accused was found have jurisdiction to initiate investigation, issuance of warrants and prosecution," said SFJ legal advisor Gurpatwant Singh Pannun.

He revealed that while seeking arrest warrants and prosecution of Kamal Nath from Public Prosecutor of Grisons Pannun rights groups would present evidence and documentation of Nath's role in attack on Gurudwara Rakab Ganj in Delhi on November 1, 1984 in which many Sikhs were burnt alive.

"Article 210 of the Swiss Criminal Procedure Code provides for an accused person to be arrested and brought before the authorities if there is a strong suspicion that he or she has committed a felony or misdemeanour and there is reason to believe that there are grounds for the person's detention," added Pannun.

"The criminal complaint is based on provisions of Swiss Penal Code which provides jurisdiction over genocide offenders and on the ratification of the UN Genocide Convention by Switzerland and India. Under Article 1 of the Convention, Swiss authorities are under obligation to prosecute and punish the individuals who participated in Genocide," SFJ informed.

Meanwhile MAR, spokesman Harminder Singh Khalsa and another leader Karnail Singh declared that a "Justice Rally" would be held on January 26 at Davos urging Swiss authorities to arrest and prosecute Kamal Nath for his role in massacre of Sikhs during November 1984.

http://blogs.wsj.com/indiarealtime/2013/01/24/sikhs-target-kamal-nath-at-davos/

Sikhs Target Kamal Nath at Davos

On 1984 Sikh Riots, Lawsuits Proceed in India and the U.S.

Mr. Nath, India’s minister for urban development, is often met on trips abroad by protests from Sikh groups. They allege he played a role in leading an attack on a temple in 1984 in retaliation to the assassination of former Indian Prime Minister Indira Gandhi by her Sikh bodyguards.

Mr. Nath has denied the allegations and has never been charged abroad or in India. Attempts to reach him Thursday weren’t successful. A spokesman for Mr. Nath said the minister was not aware that such action would be taken against him while he was at Davos.

A New York judge last year dismissed a criminal complaint against Mr. Nath by U.S. non-profit group Sikhs for Justice, saying it had no jurisdiction over the matter.

That didn’t stop the group, which is now targeting Mr. Nath at the World Economic Forum’s annual meeting in Davos.

Sikhs for Justice and a Swiss human rights organization Monday filed a criminal complaint with the Swiss attorney general’s office seeking Mr. Nath’s arrest for crimes against humanity. According to a copy of a letter from the attorney general’s office dated Jan. 23, provided by Sikhs for Justice, the federal prosecutor passed the complaint to the prosecutor in Grisons, the region where Davos is situated.

Maurus Eckert, a spokesman for the prosecutor in Grisons, confirmed receipt of the complaint against Mr. Nath from the federal Swiss attorney general’s office.

“All I can say is that we’ve received the complaint, and that we will examine whether our jurisdiction permits us to pursue this matter further,” said Mr. Eckert.

Jeannette Balmer, a spokeswoman for Switzerland’s attorney general, said the office could not take action on the complaint because Swiss law regarding genocide applies to acts committed during war and only from 2000 onward. The alleged acts attributed to Mr. Nath occurred in 1984 and therefore aren’t covered by Swiss law, she said.

The attorney general forwarded the case to regional authorities in Grisons as there may be a case against Mr. Nath for damages related to the 1984 incident, Ms. Balmer added.

The petitioners plan to hold a rally against Mr. Nath in Davos on Saturday, the final day of the four-day meeting of global business leaders, politicians and celebrities.

For Mr. Nath, who already is in Davos, the complaint and protests create unwanted tensions at a time he is trying to tell the world that India’s economy – under question for much of 2012 amid soaring inflation and slowing growth – is back on track.

Mr. Nath isn’t the first politician to face such action in Switzerland. In 2011, former U.S. President George W. Bush canceled a trip to Geneva because of planned protests by human rights groups over the U.S.’s use of waterboarding on detainees at the Guantanamo Bay detention facility.

–Andrew Morse contributed to this article.

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