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You are here: Home / Archives for American Justice Center

Deadline approaches for U.S State Department to answer to PM Modi's human rights violation charges

December 8, 2014 by Nasheman

A small human rights group refuses to let India’s Prime Minister walk free for the 2002 Gujarat riots

Modi-protest-us

by Alex Ellefson, AlterNet

In 2002, the Indian province of Gujarat experienced one of the bloodiest instances of religious violence in the country’s history. Following a train fire that killed 59 Hindus, riots erupted across the province that targeted the local Muslim minority. More than 300 mosques and other religious sites were destroyed. Muslim women were chased through the street, raped and burned alive. After three days of unrest, at least 1,000 people died and more than 16,000 Muslims were driven from their homes and became refugees.

A 2005 report by Amnesty International revealed that police stood by or even joined in the violence. And some suggest that police may have even been ordered by their superiors not to intervene.

Some of the blame has been directed at Gujarat’s then-Chief Minister, Narendra Modi. Amnesty International, Human Rights Watch, and India’s National Human Rights Commission have accused Modi of not acting to stop the riots.

The accusations against Modi were enough for the United States to deny him a visa in 2005.

That put the United States government in an awkward position when Modi, a Hindu nationalist, was elected Prime Minister in May. Following his election, the U.S. State Department reinstated Modi’s visa, arguing that his position as a head of state granted him diplomatic immunity.

However, a small U.S.-based human rights group refuses to let Modi walk free.

In September, just ahead of Modi’s first visit to the United States as the newly elected Indian Prime Minister, the American Justice Center filed a civil lawsuit in a New York Federal Court seeking punitive damages on behalf of two survivors of the 2002 Gujarat riots.

The American Justice Center also offered a $10,000 reward to anyone who would serve Modi with a court summons when he visited New York City.

In November, a federal judge overseeing the case ordered the U.S. State Department to respond by December 10 (next week) to the American Justice Center’s memorandum challenging Modi’s diplomatic immunity.

The American Justice Center argues that the lawsuit applies to acts Modi committed as Chief Minister, not as a head of state, which would exempt him from diplomatic immunity.

“We are confident of the sound legal basis for the Tort case against Mr. Modi, and expect the court to allow the lawsuit to move forward,” American Justice Center President Joseph Whittington said in a press release. “Survivors of the horrific Gujarat massacres expect the US to uphold its own laws as well as international norms of justice.”

The American Justice Center has pursued Modi across the globe. Last month, the organization filed a criminal complaint against Modi in Australia a few days before the Indian Prime Minister visited that country. The complaint charged Modi with committing crimes against humanity and genocide for his role in the 2002 Gujarat riots.

“Our relentless pursuit of justice has now taken us to the Australian shores, where Mr. Modi will have to account for his criminal misdeeds in Gujarat,” said Whittington in press release related to the charges in Australia.

Filed Under: India Tagged With: American Justice Center, Communal Violence, Genocide, Gujarat, Narendra Modi, Riots, United States, USA

Immunity does not apply to Modi says American Justice Center in legal brief

November 21, 2014 by Nasheman

Immunity does not apply to Modi says American Justice Center in legal brief
US Court directs State Department to respond by December 10th to AJC’s “Memorandum of Law” challenging assertions of immunity

Modi-protest-us

The American Justice Center (AJC), an organization established to bring to justice perpetrators of mass violence and genocides, has filed a “Memorandum of Law in Opposition to Motion,” providing legal justification on why the Tort case against Indian Prime Minister Narendra Modi should move forward, and why Mr. Modi should not be granted immunity for human rights abuses committed during his tenure as Chief Minister of Gujarat.

In an immediate response to AJC’s brief, the US Court has directed the US State Department to respond to AJC’s legal brief challenging the US position on Mr. Modi’s immunity. The order states that “By December 10, 2014, the United States of America shall respond to Plaintiffs’ Objection to the Suggestion of Immunity”.

Arguing on behalf of the plaintiffs, American Justice Center and two survivors of the horrific Gujarat pogroms of 2002, Mr. Babak Pourtavasi, Esq of Pannun The Firm made a compelling case for prosecution of Mr. Modi under the Alien Tort Claims Act (ATCA) and Torture Victims Protection Act (TVPA). AJC’s case against the US government’s suggestion of immunity is based on the following facts:

Mr. Modi is being sued for acts committed as “Chief Minister” of the State of Gujarat and not for any acts that he committed as “Prime Minister” of India. “It is undisputed that foreign sovereign immunity extends only to the ‘head of the foreign government’ for the actions committed during tenure as ‘head of foreign government,'” states AJC’s Memorandum of Law.

Several federal courts have rejected immunity for foreign officials facing charges of blatant human rights abuses, as in the case of Mr. Modi. The United States Supreme Court in Kiobel v Royal Dutch Petroleum Co (2013) held that it is an “international duty,” and “important American national interest” to not provide safe harbor to hostis humanis generis or the common enemy of mankind.

Mr. Modi is not immune under Foreign Sovereign Immunity Act (FSIA), as the US Supreme Court decided that the term “foreign state” does not include individual government officials. In the Tort case against Mr. Modi, it is the latter who is being sued and not the Republic of India.

There is precedence known as Samantar, that allows lower federal courts to hold common law foreign sovereign immunity inapplicable for government officials sued for human rights abuses.

Commenting on the filing, Mr. Joseph Whittington, President of AJC said, “We are confident of the sound legal basis for the Tort case against Mr. Modi, and expect the court to allow the lawsuit to move forward.”

“Survivors of the horrific Gujarat massacres expect the US to uphold its own laws as well as international norms of justice,” he further added.

The Gujarat pogroms of 2002 were among the worst episodes of sectarian violence in independent India, and were marked with horrific crimes against humanity, including the rape of hundreds of women. Many of the victims were subsequently burned alive. Mr. Modi’s relentless PR efforts have tried to spin the decision of the Special Investigation Team (SIT) to not prosecute him, as a “clean chit.” The US government’s decision not to use this claim in its suggestion of immunity, is a clear acknowledgement of the fact that the case against Mr. Modi has not even reached the Indian Supreme Court. A case filed by Mrs. Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr. Modi in the Gujarat High Court. An amicus curiae appointed by the Supreme Court has recommended Mr. Modi’s prosecution.

The American Justice Center (AJC) is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.

References:

Response filed by AJC in Modi Lawsuit to US Govt Suggestion of Immunity
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Plaintiffs-objection-to-suggession-of-Immunity.pdf

Criminal Case Filed in Australia against Indian Prime Minister Narendra Modi
http://www.americanjusticecenter.org/ajc-files-criminal-case-in-australia-against-indian-pm-narendra-modi/

US Court issues summons against Indian PM Modi ahead of his arrival
http://www.americanjusticecenter.org/press-release/

Filed Under: Human Rights, India Tagged With: 2002, AJC, American Justice Center, Genocide, Gujarat, Narendra Modi, Riots

Criminal Case filed in Australia against Prime Minister Narendra Modi

November 14, 2014 by Nasheman

Modi

The American Justice Center (AJC), an organization established to bring human rights abusers to justice, has announced the filing of a criminal complaint in Australia against visiting Indian Prime Minister Narendra Modi for his role in aiding, abetting and inciting organized attacks against the minorities of Gujarat state before and during the horrific genocide of 2002.

The lawsuit is being brought under the aegis of AJC, by Mr. Asif Vahora, a survivor of the 2002 massacres, in which over 2,000 people were killed and over 150,000 displaced. The complaint refers to the destruction of “20,000 Muslim homes and businesses and 360 places of worship.”

The complaint against Prime Minister Modi has been lodged under Australia’s “The Criminal Code Act 1995” which provides Australian courts jurisdiction over cases involving crimes against humanity worldwide (Id. §§ 268.117(1) & 15.4). Justifying the prosecution of Modi in Australian Courts, the complaint states that Modi’s actions during February-March 2002 violate sections 268.3,4,5,8 & 9 of Australia’s Criminal Code Act of 1995.

The complaint, lodged with Honorable Robert Bromwich SC, Director Commonwealth Public Prosecutions, Australia, charges Mr. Modi with crimes against humanity and genocide resulting in the killing of more than 2,000 Muslims and displacement of several hundred thousand.

“Our relentless pursuit of justice has now taken us to the Australian shores, where Mr. Modi will have to account for his criminal misdeeds in Gujarat,” said Mr. Joseph Whittington, Jr., President of AJC, and also the 2nd Ward Alderman of Harvey, Illinois.

Mr. Modi’s rise to power comes in the backdrop of increasing persecution of religious minorities in India. In August this year, India’s Christian population, numbering about 24 million, marked the sixth anniversary of horrific anti-Christian massacres in the state of Odisha, considered the worst anti-Christian pogrom of the 21st century. Prominent watch-dog group “International Christian Concern,” reported an alarming rise in the attacks on rural churches in recent months. In May 2014, several villages in the Indian state of Chhattisgarh passed local ordinances banning all non-Hindu religious activities, in effect banning Christianity. Vatican Radio, the Holy See’s official news outlet, reported on the possibility of Christians being “purged,” from villages across three states.

Recently, AJC spearheaded an Alien Tort case against PM Modi during his visit to the United States in September. Following the AJC complaint, a US federal court issued a summons against the visiting PM. The case is currently under review by the US Federal Court. As in the Tort case brought against Mr. Modi in the US, AJC is providing legal support and advice to the survivors in their effort to hold Mr. Modi accountable for the loss of lives and property that was caused by his complicity in the Gujarat massacres.

“Under Australia’s criminal code, mere presence of the accused foreigner in Australia is a sufficient basis for jurisdiction over acts of genocide and crimes against humanity committed abroad,” said Mr. Gurpatwant Singh Pannun, legal advisor to AJC. “Thus it adopts a mode of jurisdiction equivalent to universal jurisdiction,” added Mr. Pannun.

The Gujarat genocide of 2002 was one of the worst episodes of sectarian violence in independent India, and was marked with horrific crimes against humanity, including the rape of several hundred women. Many of the victims were subsequently burned alive. Although the Special Investigation Team (SIT) investigating the mass violence did not prosecute Mr. Modi, an amicus curiae appointed by the Supreme Court had recommended

Mr. Modi’s prosecution. A case filed by Mrs. Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr. Modi in the Gujarat High Court.

The American Justice Center (AJC) is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.

REFERENCES:

Criminal Complaint in Australia Against Indian PM Narendra Modi
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Modi-CriminalComplaint-Filed-Australia-Nov-13.pdf

Supporting Evidence for Criminal Complaint in Australia Against Indian PM Narendra Modi
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Supporting-Evidence-Criminal-Complaint-Against-PM-Modi-Australia.pdf

US Court issues summons against Indian PM Modi ahead of his arrival
http://www.americanjusticecenter.org/press-release/

AJC challenges Narendra Modi’s immunity; announces $10,000 reward for serving US Court’s summons
http://www.americanjusticecenter.org/ajc-challenges-narendra-modis-immunity-announces-10000-reward-for-serving-us-courts-summons/

US Federal Court allows AJC, Gujarat victims to challenge US Government’s “Suggestion of Immunity” to PM Modi
http://www.americanjusticecenter.org/us-federal-court-allows-ajc-gujarat-victims-to-challenge-us-governments-suggestion-of-immunity-to-pm-modi/

The Diplomat: US Federal Court Issues Summons Against Narendra Modi
http://thediplomat.com/2014/09/us-federal-court-issues-summons-against-narendra-modi/

REUTERS: Small-town U.S. politician emerges as unlikely foe of Modi
http://in.reuters.com/article/2014/09/27/modi-usa-visit-riots-lawsuit-idINKCN0HM01720140927

Filed Under: India Tagged With: 2002, AJC, American Justice Center, Asif Vahora, Gujarat, Narendra Modi

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