Suppression of Terrorism (India)

Part of Croydon Tramlink Bill [Lords] – in the House of Commons at 10:32 pm on 21 July 1993.

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Photo of Graham Allen Graham Allen Shadow Minister (Constitutional Affairs) 10:32, 21 July 1993

No, I wish to make some progress. I have been relatively generous in giving way. I will give way to the hon. Gentleman later.

It would be unfair and unbalanced exclusively to blame the Indian authorities for abuses of rights in India. There is no question but that militant groups have also been responsible for breaches of human rights. For example, in their report on human rights in Jammu and Kashmir. Asia Watch and Physicians for Human Rights identified executions, rape, torture and indiscriminate attacks by militant groups in Kashmir. Those abuses can never be ignored or condoned, regardless of any personal views about the status of Kashmir.

If the Government had accompanied signing the treaty or publication of the order with a condemnation of rights abuses of all natures by all parties in India, and made positive proposals to help to reduce them, perhaps their stance would be more acceptable. No one underestimates the massive and intractable difficulties facing India and its political society. Once again, however, I hope that the Minister will take this opportunity, either in his reply or in an intervention, to reassure the House that the Government will make every effort to promote the cause of human rights in India.

We unequivocally welcome the apparent change in the Indian Government's policy on allowing Amnesty into areas to which it was previously denied access. If the provisions are not to lead to miscarriages of justice, abuse of rights—as I have said, hon. Members are right to have expressed anxiety at the extent of abuse in India—it is vital that the British Government effectively enforce articles 9 and 16 of the treaty. Article 9 allows refusals of extradition on the grounds of political opinion, and article 16 allows refusals on the grounds that the death penalty may be incurred.

We need reassurances from the Minister not only that adequate safeguards exist but that the political will exists to enforce them. Assurances must be given that the treaty would be suspended if the death sentence would he imposed on anyone extradited from Britain under the treaty. I urge the Minister not to hesitate to refuse extradition if a real risk exists of the accused receiving an unfair trial.