American Bar Association Criticises Safoora Zargar’s Detention: Terms it Against The International Law Standards.
American Bar Association Says That Her Detention doesn’t appear to meet international human rights standards. It further opined that denial of bail to her in UAPA case was not in consonance with the provisions of International Covenant for civil and political rights.
(Judicial Quest News Network)
The pre-trial detention of Safor Zargar does not appear to meet the Standards of International law, including treaties to which India is a State-Party, said the Centre for Human Rights, American Bar Association. The Center monitors trials around the world concerning human rights defenders to encourage compliance with fair trial standards. This preliminary report on the arrest of Ms. Zargar will be updated as the trial progresses.
Last Week Additional session Court, Patiala House at New Delhi had denied bail to the 27-Year old PhD Student of Jamia Milia University in a Case registered against her Under Unlawful Activities Prevention Act 1967, (UAPA), and accusing her to the conspiracy behind the Delhi riots.
Regarding this, the Centre of Human Rights, ABA noted that Zargar had been in the forefront of the protest against the Citizenship Amendment Act,2019 since December 2019, and was arrested first on April 10 for allegedly blocking a road way as part of the protest. Though a Magistrate granted bail to her in that case citing “her pregnancy, health condition and directives issued by the Indian Supreme Court on decongestion of prisons during COVID-19, she was soon re- arrested in the UAPA case, alleging conspiracy behind Delhi riots.
The Centre for Human Rights in its preliminary report says International law, including treaties to which India is a State party, only permits pre-trial detention under narrow circumstances which do not appear to have been met in Ms. Zargar’s case. The International Covenant on Civil and Political Rights (ICCPR) states that “it should not be the general rule that persons awaiting trial shall be detained in custody.” The UN Human Rights Council, the body charged with authoritative interpretation of the ICCPR, has clarified that “detention pending trial must be based on an individual determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence, or the recurrence of the crime.
The Centre said that “Regardless of whether Ms. Zargar’s detention was properly justified under normal circumstances, it is likely unreasonable in light of her pregnancy and the risk of contracting the novel coronavirus. The United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (also known as the Bangkok Rules) conclude that non-custodial means should be preferred for pregnant women during the pre-trial phase wherever that is possible or appropriate. The World Health Organization continues to warn countries that prison populations are at significant risk for contracting Covid-19 given the close proximity of inmate populations and lack of appropriate health care to handle the virus. It has further recommended that “[p]riority should be given to non-custodial measures for alleged offenders and prisoners with low-risk profiles and caring responsibilities, with preference given to pregnant women and women with dependent children.”
It is also stated that the UN Working Group on Arbitrary Detention has interpreted the ICCPR to hold that “any detention must be exceptional and short duration and a release may be accompanied by measures intended only to ensure representation of the defendant in judicial proceedings.”
It noted that Ms. Zargar is currently detained in Tihar Jail, which is over capacity. It is unclear whether there is widespread testing in jails across India, or if sufficient testing is being conducted in Tihar jail. However, the assistant superintendent of the jail tested positive for the virus, three inmates were quarantined due to potential exposure to the virus, and several inmates facing health challenges like cancer have been released by authorities at Tihar. Ms. Zargar’s sister has also stated in an interview that Ms. Zargar has polycystic ovary syndrome, of which one of the health effects is high blood pressure. High blood pressure patients are one of the populations at greater risk for contracting Covid-19.
In addition to her legal issues, Ms. Zargar has also been the victim of a slanderous online campaign, including falsified and explicit images of her being shared online and through.
[Read Preliminary Report]
