India
14.07.00
Urgent Interventions
ndia: prisoner sentenced to death in Tamil Nadu
India: prisoner sentenced to death in Tamil Nadu
Case IND 170700
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by People’s Watch –Tamil Nadu, a member of the OMCT network, that on 12th July 2000, the Ministry of Home Affairs in New Delhi ordered a 10-day stay of execution of Mr. Govindaswamy who was scheduled to be hanged on 14th July 2000.
Mr. Govindaswamy, an inmate at Coimbatore Central Prison in the state of Tamil Nadu, was tried in 1985 for the murder of 5 people the year before. In 1987 he was acquitted on the grounds that the prosecution case was not proved beyond a doubt. In 1997, however, the High Court reversed this judgement and sentenced him to death after the government appealed against his acquittal. In 1998, the Supreme Court dismissed an appeal and upheld the death sentence. It is further reported that the President of India had rejected a previous clemency petition in October 1999. The execution was temporarily stayed by the High Court of Tami Nadu after a petition was filed on Govindaswamy’s behalf calling for the death sentence to be commuted on the grounds of unacceptable delay in the consideration of his clemency petition (over one year). However, the Tamil Nadu High Court ultimately rejected this petition. Since, a series of 15-day stay of execution have been granted.
OMCT stresses that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
Action requested
Please write to the authorities in India urging them to:
commute the death sentence of Mr. Govindaswamy and order a review of his case;
guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Mr. Justice J.S.Verma, Hon'ble Chairperson, National Human Rights Commission, Sardhar Patel Bhavan, Sansad Marg, New Delhi 110 001. Fax:: +91 - 11 - 334 00 16 E.Mail: nhrc@ren.nic.in
Mr Ram Jethmalani, Minister of Law and Justice, Ministry of Law and Justice, Shastri Bhavan, Dr Rajendra Prasad Road, New Delhi 110 001, India, Telegrams: Law Minister, New Delhi, India, Faxes: +91 11 338 7259
Mr L.K. Advani, Minister of Home Affairs, Ministry of Home Affairs, North Block, New Delhi 110 001, India. Faxes: +91 11 301 5750
Dr M.Karunanidhi, Chief Minister of Tamil Nadu, Office of the Chief Minister, Fort St. George, Chennai 600 009, Tamil Nadu, India. Faxes: +91 44 536 6929/536 1441
Geneva, July 17, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case IND 170700
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by People’s Watch –Tamil Nadu, a member of the OMCT network, that on 12th July 2000, the Ministry of Home Affairs in New Delhi ordered a 10-day stay of execution of Mr. Govindaswamy who was scheduled to be hanged on 14th July 2000.
Mr. Govindaswamy, an inmate at Coimbatore Central Prison in the state of Tamil Nadu, was tried in 1985 for the murder of 5 people the year before. In 1987 he was acquitted on the grounds that the prosecution case was not proved beyond a doubt. In 1997, however, the High Court reversed this judgement and sentenced him to death after the government appealed against his acquittal. In 1998, the Supreme Court dismissed an appeal and upheld the death sentence. It is further reported that the President of India had rejected a previous clemency petition in October 1999. The execution was temporarily stayed by the High Court of Tami Nadu after a petition was filed on Govindaswamy’s behalf calling for the death sentence to be commuted on the grounds of unacceptable delay in the consideration of his clemency petition (over one year). However, the Tamil Nadu High Court ultimately rejected this petition. Since, a series of 15-day stay of execution have been granted.
OMCT stresses that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
Action requested
Please write to the authorities in India urging them to:
commute the death sentence of Mr. Govindaswamy and order a review of his case;
guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Mr. Justice J.S.Verma, Hon'ble Chairperson, National Human Rights Commission, Sardhar Patel Bhavan, Sansad Marg, New Delhi 110 001. Fax:: +91 - 11 - 334 00 16 E.Mail: nhrc@ren.nic.in
Mr Ram Jethmalani, Minister of Law and Justice, Ministry of Law and Justice, Shastri Bhavan, Dr Rajendra Prasad Road, New Delhi 110 001, India, Telegrams: Law Minister, New Delhi, India, Faxes: +91 11 338 7259
Mr L.K. Advani, Minister of Home Affairs, Ministry of Home Affairs, North Block, New Delhi 110 001, India. Faxes: +91 11 301 5750
Dr M.Karunanidhi, Chief Minister of Tamil Nadu, Office of the Chief Minister, Fort St. George, Chennai 600 009, Tamil Nadu, India. Faxes: +91 44 536 6929/536 1441
Geneva, July 17, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.