Death Penalty (India)

Lord Spellar Excerpts

Thursday 28th February 2013 Commons Chamber

[Mr Swire]

As my hon. Friend would expect, the Government would review the case on an individual basis. I cannot comment on a hypothetical case of that nature.

[Mr John Spellar (Warley) (Lab)]

rose—

[Mr Swire]

I am going to make some progress. The motion points out that the Indian Government have not ratified the United Nations convention against torture. Central to the British Government’s torture prevention policy is encouragement to countries such as India to sign, ratify and effectively implement that convention and its optional protocol. Not only does the convention define what is meant by an act of torture, it obliges countries to take measures to prevent such acts. Such measures include legislating to make torture a criminal offence, educating officials on the prohibition of torture, conducting prompt and impartial investigations where there are reasonable grounds to believe that torture has taken place, and providing redress and compensation to victims.

The optional protocol provides an important additional layer of monitoring and reporting to prevent torture from happening in any place of detention by allowing visits from national and international monitoring organisations. For those reasons, we continue to call on the Indian Government to expedite the ratification of the United Nations convention against torture and its optional protocol, and adopt robust domestic legislation to that effect. The United Kingdom made a specific recommendation on that issue during India’s universal periodic review in May last year. The EU delegation in Delhi has also hosted a number of events on the importance of ratifying the convention.

While not directly related to the abolition of the death penalty, right hon. and hon. Members will be aware that India is not a state party to the Rome statute to the International Criminal Court. India has expressed its reservations and said that it does not see ratification of the ICC as a priority. That is a strongly held view. The British Government are a strong supporter of the ICC and we actively promote universal ratification. We believe it is in all our interests to support the ICC, which can help prevent devastating and irreparable damage caused by the most serious crimes in the international community, and extend the protection it offers to citizens and state parties.

Concerns have been raised about the treatment of the Sikh community in India, and let me say how proud and privileged I felt to visit Amritsar and the golden temple with my right hon. Friend the Prime Minister last week. I understand that it was the first time a Prime Minister of the United Kingdom has visited the golden temple, and spending time in the garden of remembrance at Jallianwala Bagh was a particularly moving experience for us all.

During my visit I heard about the prominent role and contribution of the Sikh community in India. The head of the Indian planning department is Sikh, and Sikhs are prominent in the security forces. Indeed, the Indian Prime Minister is a Sikh. Members across the House need no reminding of the respected and thriving Sikh community in the United Kingdom that has such a long and proud history. It is also a community that will be following today’s debate with close interest.

[Mr John Spellar (Warley) (Lab)]

I, too, congratulate my hon. Friend the Member for Hayes and Harlington (John McDonnell), along with other colleagues who have secured this debate. My hon. Friend and I have campaigned over the decades for the rights of the Sikh community, sometimes to the slight astonishment of some of our colleagues that we can work so well together. I was pleased to be with my hon. Friend in December when we presented a petition at Downing street, along with our hon. Friends the Members for Slough (Fiona Mactaggart), for Leeds North East (Fabian Hamilton), and for Feltham and Heston (Seema Malhotra), representatives from the community and Amnesty International, which, over the years has played an honourable and prominent role in several campaigns in support of human rights in India, particularly for the Sikh community.

I join my hon. Friend the Member for Hayes and Harlington in congratulating Kesri Lehar—wave for justice—on the success of the petition that has attracted considerable support. As my hon. Friend and constituency neighbour the Member for West Bromwich West (Mr Bailey) pointed out, such support is found not only among the Sikh community but much more widely, and the petition has secured considerable publicity for this worthy cause. Many of those from the community are in Westminster today to observe the debate and show their support for the campaign.

Securing 100,000 names on a petition requires a huge amount of work and a lot of organisation, and our appreciation of that effort by Kesri Lehar should be properly recorded. My constituency and that of my hon. Friend the Member for Hayes and Harlington have substantial Sikh populations—many are second, third or even fourth generation. We should also record that, in the past year, we have lost two prominent and respected members of that community from Parliament: Marsha Singh, the MP for Bradford West, and my great friend Tarsem King—Lord King of West Bromwich—who was previously leader of my council, Sandwell, which, incidentally, is twinned with Amritsar. I pay tribute to both of them.

Within the Sikh community there is an overwhelming concern about repression in the Punjab and the rights of those living there. That feeling was particularly strong in the difficult years of the emergency following the storming of the golden temple in Operation Blue Star and the murder of Indira Ghandi. There were a host of atrocities in the Punjab at that time, widespread abuse of human rights, much loss of life, and rape and torture. Many disappeared, with their families having no idea as to their fate. The families feel that they can never have closure until they know what happened to their loved ones. We know from the history of Ireland how devastating that can be.

In May last year there was a significant increase in tension and great fear in the population in the Punjab when it was believed that Professor Bhullar and Balwant Singh Rajoana would be executed and the authorities instituted a major crackdown. The concern at the fear expressed in the Punjab manifested itself here most visibly in the sea of orange flags in the midlands showing solidarity with their fellow Sikhs. Lord King, a moderate figure who was by no means hostile to India, visited family in the Punjab at that time. I remember him describing graphically the concerns and fears of those in his community there.

More recently, that concern has resurfaced with the case of Balwant Singh and the possibility of his being hanged, especially following the regrettable end of the informal moratorium and the recent executions of Mohammad Afzal Guru and Ajmal Kasab. The Minister will know of the concern in the Kashmiri community about whether they received adequate representation at their trials.

As a former Minister with responsibility for the armed forces, aviation and Northern Ireland, let me be clear that the Opposition oppose terrorism. India and other countries on the Indian sub-continent have suffered grievously from terrorism—the Minister rightly drew attention to the atrocities in Mumbai—but executing Balwant Singh, Professor Bhullar and others would not end terrorism, but instead damage the image of India, which has been making huge progress on being considered rightly as a modern progressive state with a major role in the world.

My hon. Friend the Member for Hayes and Harlington has rightly identified the concerns of the German courts at the decision to deport Professor Bhullar. Will the Minister in this instance expand on his reply to the hon. Member for Bedford (Richard Fuller)? My understanding is that the long-standing and consistent policy of the British Government under all parties is that we will not deport someone to another country where there is a risk of them being executed. I am offering the Minister the opportunity to clarify that for the hon. Gentleman and the House.

[Mr Swire]

We have no standing extradition treaty with India. I shall repeat what I have said: we would look at those things on a case-to-case basis.

[Mr Spellar]

I am slightly astonished at that.

[Mike Gapes]

Is it not a fact that, when countries have the death penalty—for example, the United States—the British Government must seek an assurance that it would not apply? Otherwise, the courts in this country will never allow anybody to be extradited to countries when there is a risk of the death penalty. The Home Office has had problems over many years in getting people out of this country because of the bad human rights records of many countries around the world.

[Mr Spellar]

I thank my hon. Friend, the previous Chairman of the Foreign Affairs Committee, for that clarification. That is exactly my understanding of the position, and it is useful that he has made it clear.

The Minister said that he raised his concerns with senior officials during his recent visit to India. However, will he clarify the concerns expressed to the Indian authorities by others on that visit and by the Foreign Office elsewhere? Were those concerns raised by the Prime Minister during his visit to India, which included a visit to Amritsar?

As my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) rightly stated, the number of countries using the death penalty has gone down. As the Minister said, 70% of countries have either formally or in effect renounced the death penalty. The commitment of countries around the world was shown clearly by the vote in the UN on a moratorium. It would be a significant step for India, as a major player on the international scene and the world’s largest democracy, not just to reinstate the moratorium formally, which would be welcome, but to abolish the death penalty. India is poised to play a major role in world affairs in the coming decades and such a move would considerably enhance its authority.

[Bob Stewart (Beckenham) (Con)]

Does the right hon. Gentleman have any knowledge of Indian public opinion on the matter? Does the Indian public want the death penalty to be abolished? Public opinion would, of course, be a major influence on the Indian Government.

[Mr Spellar]

I do not have the polling information immediately to hand. It is clear from the debates that took place in this country that it took us a long while to come to that decision, but no Government or party have sought to turn the clock back. The death penalty in its finality never allows for the prospect of error, and confessions can be obtained under duress or torture—that has happened in this country. People who have been released because they had been unjustly convicted would, in previous times, have been executed. That goes through to public opinion. Quite apart from other aspects of the death penalty, its finality and the inability to remedy injustices is the reason why two thirds of countries have taken the correct decision not to use it.

As has been stressed, a continuing theme of British policy under this and previous Governments has been not only to abolish the death penalty in the UK, but to campaign against it in all countries, including in the US, our great ally. My hon. Friend the Member for Ilford South (Mike Gapes) was right that, despite our strong relationship with the US and our huge respect for its legal system, we demand absolute assurances that the federal authorities will guarantee that the death penalty will not be applied even for offences that could attract it.

I congratulate Ministers on not only the general campaign that they have been running, but their representations on the specific cases of Balwant Singh and Professor Bhullar, and I thank the Minister for his recent letter on this, which makes clear the actions they have been taking, not just last year but more recently.

While the death penalty is hugely important and has obviously played a significant part in this debate, it is not the only issue of concern, either generally in the community or for the petitioners. I am pleased that the UK is active in encouraging the improvement of the treatment of minority communities in India. My hon. Friend the Member for Hayes and Harlington has been campaigning for a long time on this issue. We understand that the British High Commission has discussed minority rights issues with the Indian National Commission for Minorities, and I hope that we are making some progress on that.

I am pleased also that the Minister made a strong case for India, along with other countries, to sign and ratify the Rome treaty setting up the International Criminal Court, which is another laudable aim of this petition. I hope that the Government will have some success in persuading those countries along that path. We also welcome previous assurances from Foreign Office Ministers that these issues have been raised in the annual India-EU human rights dialogue—the Minister mentioned that this work was undertaken not only directly, but through the EU. I hope that the Minister will be able to report progress in the future on the discussions with the Indian authorities; let us know when the next meeting for those discussions will take place; tell us what progress we are making on India’s security legislation and the reports of a significant number of cases of torture by police and security authorities; and report on what progress has been made, not only in ratifying the convention against torture, but adopting robust domestic legislation to that effect.

I shall conclude in order to allow other hon. Members to cover issues that will have been raised very strongly by their constituents. I congratulate Kesri Lehar on its campaign, which has united the community whatever people’s broader views, and gained wide public awareness of the issues that we are discussing today. I also reaffirm the united determination of this Parliament to secure justice for the Sikh community of the Punjab.