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Save Prof. Devinderpal Singh Bhullar from Death Penalty
To:
German Government Officials
We need you to express your concern and take action. Germany should not have sent a political dissident to face the death sentence, a practice contrary to the ideals of the European Union and most of the nations of the civilized world. Germany, a member of the European Union, and opposed to death penalty has sent a Sikh man to face death penalty in India. Germany refused to offer Asylum to Professor Davinderpal Singh Bhullar . Professor Bhullar, political dissident, a victim of repeated torture, subsequently has been sentenced to death by the Supreme Court of India based solely on a confession under torture. One judge of a three-judge bench, who is incidentally the presiding judge, acquitted the accused. And in stark contrast, the other two judges convicted him arguing, unusually, that proof ‘‘beyond reasonable doubt’’ should be a ‘‘guideline, not a fetish.’’ And that procedure is only ‘‘a handmaiden and not the mistress of law.’’ Prof. Bhullar's tragic journey to death penalty, facilitated by German authorities took the following turns. Davinderpal sought asylum from Germany, who rejected his plea, and sent him to Delhi where he was arrested immediately. The confession in Davinder Pal Singh’s case, was extracted under torture, means allowed under the TADA, and signed by a thumbprint. For a man who is highly educated, the sign of a thumbprint implies duress. It must be noted that the prosecution in this case has offered no corroborative evidence. None of the 133 witnesses produced by the prosecution have identified him. During the most recent ruling of the Supreme Court, which upheld the lower court ruling by a majority of two to one, Justice Shah, who acquitted Mr. Bhullar, argued that the police failed to corroborate the confessional statement Davinder is said to have made before them. Justice Shah used this fact to substantiate his decision and said that the conspiracy theory falls flat as the “rest of the accused who are named in the confessional statement are not convicted or tried.” A plot or conspiracy by definition involves two or more persons and “it is trite to say that one person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself,” he said. Baroness Cox, a member of the House of Lords (UK), has also expressed concern for the violation of Davinder’s right to live (reference Hansard - House of Lords Debates dated January 14, 2002). Mr. Davinder Pal Singh is a victim of an unfortunate decision by the German Judicial system, which did not approve his appeal for political asylum and thus sealed his fate with a death sentence, a practice contrary to their system. He is further the victim of TADA, a draconian law and the designated Indian Court, which is a product of the excesses supported by this law. Decision making by German authorities has propelled a man to face death penalty in a system that the UN itself would find unacceptable, TADA, and on the basis of very weak evidence, stark contrast to German claims of being against death penalty. Germany is to be held responsible for the actions that have resulted in Prof. Bhullar facing death penalty in India.
For more information contact info@voicesforfreedom.org
Sincerely,
The Undersigned
 
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