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1984 Sikh Genocide 1984 – Swiss Attorney General dockets Criminal Case against Indian Minister Kamal Nath

Discussion in 'History of Sikhism' started by spnadmin, Jan 24, 2013.

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    Sikh Genocide 1984 – Swiss Attorney General dockets Criminal Case against Indian Minister Kamal Nath

    By PARMJIT SINGH
    Published: January 24, 2013

    http://www.sikhsiyasat.net/2013/01/...inal-case-against-indian-minister-kamal-nath/

    General of Switzerland has docketed {SV 13.0090-BOL} a criminal case against Indian Minister Kamal Nath who is leading India’s delegation to attend World Economic Forum Annual Meeting-2013 being held in Davos, Switzerland on the complaint of Sikh rights groups. The complaint filed by Rights’ groups to Swiss AG Michael Lauber charges Minister Nath with the specific crimes of conspiring, directing, inciting genocide of Sikhs during November 1984 as defined in Article 3 of the Genocide Convention and Article 264(4) of the Swiss Penal Code.

    According to information available with Sikh Siyasat News (SSN) on January 23, 2013 Laurence Boillat a Federal Prosecutor assigned to Kamal Nath’s case, has forwarded the criminal complaint to the State of Grison’s Office of Public Prosecutor which is competent authority under Article 39 Code of Criminal Procedure to take further action as Minister Nath is expected to be attending meeting at Davos which falls within his territorial jurisdiction. Article 32(2) of the Swiss Criminal Procedure Code provides that the authorities of the place where the accused was found have jurisdiction to initiate investigation, issuance of warrants and prosecution.

    Seeking arrest warrants and prosecution of Minister Nath from Public Prosecutor of Grisons, attorney Gurpatwant Singh Pannun, legal advisor to “Sikhs For Justice” (SFJ) stated that on January 24th, rights groups will present evidence and documentation of Nath’s role in attack on Gurudwara Rakab Ganj in Delhi on November 01, 1984 in which many Sikhs were burnt alive. Article 210 of the Swiss Criminal Procedure Code provides for an accused person to be arrested and brought before the authorities if there is a strong suspicion, as is in the case of Minister Nath, that he or she has committed a felony or misdemeanor and there is reason to believe that there are grounds for the person’s detention, added attorney Pannun.


    Sikhs for Justice
    On January 21, SFJ a new York based human rights group and a Swiss NGO “Movement Against Atrocities & Repression” (MAR) filed a preliminary indictment with Michael Lauber, Swiss Attorney General urging prosecution of Minister Nath for his role in genocide of Sikhs during November 1984. The criminal complaint is based on provisions of Swiss Penal Code which provide jurisdiction over genocide offenders and on the ratification of the UN Genocide Convention by Switzerland and India. Under Article 1 of the Convention, Swiss authorities are under obligation to prosecute and punish the individuals who participated in Genocide.

    MAR, spokesman Harminder Singh Khalsa and Master Karnail Singh declared that a “Justice Rally” will be held on January 26 at Davos urging Swiss authorities to arrest and prosecute Minister Nath who is responsible for the genocidal attacks on the Sikhs during November 1984.

    The criminal complaint against Minister Nath is endorsed by All India Sikh Students Federation (AISSF), President Karnail Singh Peermohammad and by Kesari Lehar International, a UK based organization working to raise issue of human rights violations against Sikh community.
     
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