Save Professor Davinderpal Singh

Professor Davinderpal Singh Bhullar, a political activist went to
Germany in December 1994 to seek political asylum after his father was
disappeared by the Punjab police in 1991 and his family was repeatedly
harassed and tortured.
The Professor was a known political dissident and had claimed that his
life was at risk in India because of his political activism. His family
was persecuted as evidenced by the ‘disappearance’ of his father, uncle
and best friend.
Following an unsuccessful asylum application in Germany in January
1995, he was deported back to India on the basis of he had nothing to
fear, he was handed over to Indian police officials on German soil
before his deportation. He was arrested upon arrival and he has now
been in prison for over 16 years with the last eight years in solitary
confinement with the daily threat of the gallows. The Professor’s
mental health has deteriorated and it has become life threatening.
The German immigration authorities returned him to India however:
– In his absence the German courts (Verwaltungsgericht Frankfurt, Case
8E50399\94.A(1)) ruled that he should not have been returned as his
life would be in
danger in India – overruling the prior decision.
– By deporting someone to a death-penalty prone country Germany
violated the European Convention on Human Rights and remains morally
obliged to do all it can to seek the Professor’s immediate release.
– Professor Bhullar continues to suffer and may soon lose his fight for
life due to the brutal and unjust regime in India. On 26 May 2011 after
more than 7 years the Indian President rejected his plea for clemency
and gave the go ahead for him to be hanged.
While in India Professor Bhullar was put on trial in a conspiracy case
and on 17 December 2002 his sentence to death was confirmed by the
Supreme Court although based on erroneous information, it is important
to note the following facts:
– Amnesty International reported that Professor Bhullar’s case was
highly contentious, it was the first in India’s Supreme Court’s
history, someone was sentenced to death on the basis of a split
judgment
– For the first time in India’s Supreme Court’s history, someone was
sentenced to death on the basis of a split judgment. The presiding
judge, Justice Shah acquitted the accused whereas the other two judges,
Justice Aggarwal and Justice Passayat upheld the death sentence.
– Justice Shah acquitted Professor Bhullar stating that the conspiracy
theory falls flat as the "rest of the accused who are named in the
confessional statement are not convicted
or tried."
– The confession statement, allegedly extracted under torture, was
signed by a thumbprint. For a man who is highly educated, the sign of a
thumbprint implies duress. A confession made before a police officer
under normal criminal law is not admissible as evidence.
– Furthermore, none of the 133 witnesses produced by the prosecution,
while the case was in the lower court, identified Professor Bhullar.
While Justice Shah concentrated on the facts of the case, Justice
Passayat chose to decide the case with political rhetoric and find
Professor Bhullar guilty based on contradicting arguments and
judgments, saying that neither proof beyond reasonable doubt nor
procedure was important.
Professor Bhullar has been on death row in Tihar Central Prison, New
Delhi for over eight years and following the recent announcement by the
Indian President knows he can be taken any day to the gallows.
In 2002 and 2003 considerable international pressure was applied by
politicians from the UK, Germany, Canada and elsewhere on the Indian
authorities to prevent his execution. Assurances were given by leading
Indian politicians that the death sentence would not be carried out,
but the Indian President’s announcement of 26 May 2011 casts major
doubt about these assurances.
Each day for the last eight years the Professor has been held in
solitary confinement spending 22 hours in a 9×7 cell and he now wakes
up thinking this will be his last day. This has been a torture worse
than death and it is no surprise that media reports in the last few
months have emerged that he has been moved to a mental hospital.
Please could you write to the Foreign Office and German authorities to
work with other EU partners and governments to make a final attempt to
secure the immediate

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