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Sikh Alliance Newsletter - Winter 2014
Sikh Alliance Newsletter - Winter 2014
Sikh Alliance Newsletter - Winter 2014
Indian Government and other Defendants Promise to Respond to Allegations Regarding Torture of Bhai Kulvir Singh Barapind In September 2012 Bhai Kulvir Singh Barapind, former General Secretary of the Sikh Student Federation, became the President of the Akali Dal Panch Pardhani. Upon becoming President, Bhai Kulvir Singh, who is also the elected representative to the Shiromani Gurdwara Prabhandak Committee from the Nawanshar constituency, immediately vowed to push forward an agenda that would provide Punjabis an alternative to the corrupt practices of Punjab Chief Minister Prakash Badal and Indias central government. That same month, the Indian security forces arrested Bhai Kulvir Singh Barapind from his home. He has been imprisoned ever since. He is currently detained in Nabha Jail in Punjab. During the course of his imprisonment the Indian security forces have subjected Bhai Kulvir Singh to brutal torture, despite its absolute promise to the United States government that it would not subject him to any treatment that violated the United Nations Convention Against Torture. The Government of India made its promises in 2006 during negotiations with the United States to seek Bhai Kulvir Singhs forceful surrender from the United States. Prior to his surrender, for a period of thirteen years, Bhai Kulvir Singh had remained detained in United States jails and detention facilities while he opposed his forcible return to India due to his fear of political persecution. The Indian governments promise that Bhai Kulvir Singh would not be tortured in India was a condition of the United States surrender of him in 2006, a condition which the Indian government, state government of inSeptember 2012. (cont. on back page) In May 2013, the Alliance on behalf of the Bhai Kulvir Singh Barapind initiated litigation in the
Sikh Alliance continues the battle to seek justice on behalf of Bhai Kulvir Singh Barapind in the United States District Court.
The Sikh Lehar & Welfare Society is established in Punjab and is operating Sikh Centers.
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Updates on Sikh Alliance projects and litigation concerning human and civil rights issue.
Jasjit Singh
President, Sikh Alliance
Sikh Alliances Legal Project Advancing the Khalsas Principles of Justice for All
Sikh Alliance is committed to championing the Khalsas principle of universal social justice. Based on this commitment, the Alliance represents individuals in cases without concern for their race, ethnicity, religion, gender or sexual orientation. Currently the Alliance is representing four individuals before the United States Court of Appeals for the Ninth Circuit in cases implicating human and civil rights. One such individual is Cesar Leite, a citizen and national of Brazil. In Mr. Leites case, the United States D epartment of Justice, through the Board of Immigration Appeals, concluded that the reforms that tightened eligibility requirements for securing asylum in the United States applied to the alternative form of relief, withholding of removal. The Alliance and Mr. Leite are challenging the government agencys interpretation as contrary to the statute and contrary to the United States commitments under the United Nations 1951 Convention on the Status of Refugee and its 1967 Protocol. Another Alliance client whose case is before the Ninth Circuit is Patricia Cordes. Ms Cordes is a native of Scotland and citizen of the United Kingdom, who has been residing in the United States for over 40 years. For over a decade now, the immigration authorities have sought to deport her based on a criminal conviction that was not a deportable offense at the time she entered her plea, but was so reclassified retroactively by Congress. The Alliance is challenging the governments efforts to deport Ms. Cordes on the grounds that it is based on a misinterpretation of the applicable law, and in violation of the Constitutions guarantee of due process and equal protection. Other Alliance cases pending before the Ninth Circuit involve: the right of an individual to a hearing before his allegations that he received ineffective assistance of counsel are deemed not credible; and, an Indo-Fijian Sikhs family right to asylum based on the fact they were the victims of an attack at the hands of natives, which forced the family to abandon their farm and live in a refugee camp following Fijis May 2001 military coup. The Alliance has also teamed with the California Attorneys for Criminal Justice and the Innocence Project in supporting DeArcey Jamul Stewarts petition asking that the Ninth Circuit rehear his case en banc. Mr. Stewarts appeal involves the issue of whether he is entitled to a hearing DeArcey Stewart has been in to consider previously unavailable evidence that led to the vacating of the criminal conviction of his prison approximately twenty codefendant. The original panel of the Ninth Circuit judges who considered his appeal affirmed the years, serving a life sentence, lower courts decision that he is not entitled to a hearing, with one Ninth Circuit ju dge dissenting. based on a criminal conviction that the government has The petition for rehearing en banc asks that a panel of 15 Ninth Circuit judges reconsider Mr. conceded rests on unreliable Stewarts appeal. Mr. Stewart has been imprisoned approximately 20 years and is serving a life evidence. sentence. The Alliance is also representing Saladin Rushdan in the United States District Court for the Eastern District of California in a civil rights action. Mr. Rushdan is currently detained in the California State Prison in the city of Cocoran. Mr. Rushdan s civil rights case is based on the California prison authorities failure to provide him medical treatment that it had agreed to provide under a 1993 court settlement. The efforts of the Alliances legal department have not been limited to federal court litigation. The Alliance is currently representing JJ Kaur, formerly known as Sarah Rakowitz. After serving as a manager of a mobile home park in Newport Beach for approximately fifteen years, her now former employer and landlord is attempting to terminate and evict her. Ms. Kaur, who is disabled due to the partial amputation of her leg, is alleging that her termination was unlawful and she is entitled to monies for improvements she made to her residence in order to make it habitable. Sikh Alliance staff attorney Manmeet Toor is pleased with the progress of the Alliances legal department. What initially attracted me to the Alliance is its commitment to assisting people irrespective of their background, stated Ms. Toor. I am excited about the diversity and quality of the cases in which we are currently involved. I am hopeful that as we grow, we will be able to provide assistance to others who are in need.
(cont. from first page) Punjab, and the Punjab Police violated in September 2012. In May 2013, the Alliance, on behalf of Bhai Kulvir Singh Barapind, initiated litigation in the United States District Court for the Eastern District of California against the Government of India, the state government of Punjab, and the Punjab Police. The litigation seeks to hold defendants accountable under the Foreign Sovereign Immunities Act for their failure to abide by the terms of Bhai Kulvir Singhs surrender. Following the initiation of the litigation, from May 2013 to September 2013 Indias central authority designated to execute service of summons and complaints, failed to return the summons in accordance with the governing international law. Eventually, the Alliance initiated a process where the United States District Court directed that the defendants be served through diplomatic channels. The defendants subsequently failed to respond to Bhai Kulvir Singhs complaint within the allotted sixty days. As a result, i n January of this year, the The United States in default New Delhi was able to effect service on the defendants on September 27, 2013. The Alliance requested that the Clerk of the Court enterConsular a notice of against the defendants. defendants subsequently to respond to Bhai Kulvir Singhs within the allotted sixty announced days. As a their result, in to Shortly thereafter, the defendants retained the firm failed of Dorsey and Whitney to represent them. complaint Through their counsel, defendants intent January of this year, Alliance the Clerk the Court enter a notice ofFebruary default against respond to Bhai Kulvir Singhs complaint. And the the parties haverequested stipulatedthat to provide theof defendants until t he 28th of 2014 tothe dodefendants. so. Shortly thereafter, the defendants retained the firm of Dorsey and Whitney to represent them. Through counsel We are somewhat relieved the defendants have chosen to respond to the allegations in the complaint, stated Sikh Alliance staff attorneytheir Manmeet Toor. defendants announced their intent to respond to the Bhai Kulvir Singhs complaint. And the parties have stipulated to provide It improves the chances that the case will be decided on its merits, as we believe to should be. th the defendants until the 28 of February 2014 over to do the so. case, Anthony W. Ishii, will decide this upcoming summer whether the It is anticipated that the United States District Court judge presiding We somewhat relieved defendants have chosen to respond to the allegations in the complaint, stated Sikh defendants may be held liable for the are torture Bhai Kulvir Singhthe suffered. Alliance staff attorney Manmeet Toor. It Singhs improves the under chances the Nations case willConvention, be decided explaine on its merits, as we believe Jasjit to The importance of this case goes beyond vindicating Bhai Kulvir rights thethat United d Alliance president should be. Singh Hundal. This case is important for enforcing international agreements regarding human rights thr oughout the world, and insuring that those who violate It is anticipated that are the held United States District judge presiding over the case, United States District Court their express commitments under these agreements accountable. The Court Sikh community has historically had aSenior great tradition of involvement in such Judge Anthony W. Ishii, will decide this upcoming summer whether the defendants may be held liable for the torture Bhai issues, and the Alliance is dedicated to embracing this tradition. Kulvir Singh suffered. The importance of this case goes beyond vindicating Bhai Kulvir Singhs rights under the United Nations Convention, explained Alliance president Jasjit Singh Hundal. This case is important for enforcing international agreements regarding Sikh Alliance th 917 13 Street human rights throughout the world, and insuring that those who violate their express commitments under these agreements Modesto, Ca 95354 are held accountable. The Sikh community has historically had a great tradition of involvement in such issues, and the Alliance is dedicated to embracing this tradition.