Parliamentary Hearing Highlights Urgency to Secure Jagtar Singh Johal’s Release as His Condition Worsens
Following his acquittal in a case against him in India a month ago, the prison conditions of British human rights activist Jagtar Singh Johal have worsened, with his transfer to detention in Delhi, where he is subject to solitary confinement, according to his family.
The All-Party Parliamentary Group on Arbitrary Detention held a hearing about his case today, where it heard evidence from Gurpreet Singh Johal, Jagtar’s brother; REDRESS Director Rupert Skilbeck; Dan Dolan, Deputy Executive Director at Reprieve, and Martin Docherty-Hughes, Jagtar’s former MP.
Despite his acquittal, Jagtar, who has been detained for seven years in India, faces eight additional cases filed by India’s National Investigation Agency, all based on the same “confession” that was allegedly extracted under torture.
Jagtar’s brother highlighted the worsening conditions Jagtar has faced, including solitary confinement and 24-hour surveillance. He also mentioned that the Foreign Secretary, David Lammy, has agreed to meet him for a second time in late May to discuss the next steps the UK government could take following Jagtar’s acquittal. However, he called on the Government to act faster.
“Currently, the situation is deteriorating for Jagtar. On 20th March, Jagtar said he has been put in solitary confinement, excluded from other prisoners,”
said Johal.
“He is not able to talk to other prisoners. He is in a room with a 24/7 guard with a camera against him. This is mentally affecting him, which is very concerning.”
Witnesses highlighted during the hearing the lack of comprehensive and decisive action from the UK government to Jagtar’s arbitrary detention and the serious allegations of torture in his case.
“There’s a culture that suggests that the UK can’t interfere in the national legal system, we have to let justice take its course,”
said Skilbeck.
“But we have to be clear that when there is evidence of torture, that cannot be right, and that deference to a justice system that has significant flaws in it and significantly utilises torture requires a positive response from the British government.”
Witnesses also highlighted the failure of previous governments to acknowledge the lack of due process in the case, invoking “due process” as a reason for not intervening.
Dolan said
“There is no semblance of due process in this case. It started with torture and is all based on torture. A tortured confession cannot be the basis of a case in due process. In addition, the UN Group on Arbitrary Detention recognised his arbitrary detention. His detention is due to his activism and campaigning for accountability for abuses against the Sikh population in India… The previous Government would sometimes invoke due process to say why they were not intervening. Under the new Government, the political leadership mood music has shifted, and we don’t hear about due process anymore. But the proof is in the pudding. We need to see if that position has changed substantively as well as rhetorically.”
The hearing also stressed the need for the UK government to create a dedicated envoy to address cases of complex arbitrary detention, like Jagtar’s, more effectively. Skilbeck called for such an envoy, as well as a legal right to consular assistance to replace the current discretionary approach where the decision as to whether to provide consular protection is entirely at the discretion of the UK government.
Skilbeck said:
“There are lots of benefits to introducing a right to consular assistance. Families should be better provided with information, and there needs to be a clear route to accountability if things go wrong.”
Skilbeck emphasized the need for a robust Government response to cases involving serious human rights violations, which may also include sanctions against perpetrators:
“Our view is that Magnitsky sanctions are a form of interim reparation. Given the length of time it takes for human rights campaigns to take place, sanctions are a way in which you can have a statement of who is responsible, and they can have some impact on those who may well be responsible. They send a clear message that the UK Government is taking it very seriously. They are an option here. The important thing is that they are used multilaterally and that they are used with other methods of leverage. “
As part of its inquiry, the APPG, chaired by Alicia Kearns MP, will undertake annual reporting on the cases of British citizens arbitrarily detained and held for leverage by foreign governments following its conducting of hearings.
Photo: Free Jaggi Campaign.