B4-0780/96

Resolution on the detention of Raghbir Singh Johal

The European Parliament,

- having regard to the International Covenant on Civil and Political Rights (ICCPR),

- having regard to the European Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention),

- having regard to the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN Body of Principles),

- having regard to the United Nations Basic Principles on the Role of Lawyers (UN Basic Principles),

- having regard to the Amnesty International Report of February 1996 on the 'Wrongful Detention of Asylum-Seeker Raghbir Singh',

A. whereas Raghbir Singh Johal has been held in Winson Green Prison, Birmingham, without charge or trial since 29 March 1995,

B. whereas Raghbir Singh Johal has lived in Britain since 1980, is married to a British national and has two British-born children and whereas, in April 1982, he was granted indefinite leave to remain in Britain,

C. whereas, on 29 March 1995, the UK Home Office issued a notice of intention to deport Raghbir Singh Johal, under Section 3(5)(b) of the Immigration Act of 1971, leading to his imprisonment in Winson Green Prison, pending his deportation 'for reasons of national security and other reasons of a political nature, namely the fight against international terrorism',

D. whereas Raghbir Singh Johal has applied for political asylum and continues to be held in prison while the Home Office considers his application,

1. Expresses its concern at the continued detention of Raghbir Singh Johal in Winson Green Prison, Birmingham;

2. Notes that the Home Office has not provided Raghbir Singh Johal, or his lawyers, with any precise information regarding the allegations made against him, in particular with regard to 'international terrorism';

3. Notes moreover that, under Section 15(3) of the Immigration Act of 1971, Raghbir Singh Johal is not entitled to any judicial appeal but may only make representations to a non-judicial and non-statutory three-person advisory panel, appointed by the Home Secretary, where he would have neither the right to legal representation nor the opportunity to examine the details of any evidence used against him;

4. Considers that the deportation procedure followed in Raghbir Singh Johal's case violates certain international treaties which the United Kingdom has ratified, while contravening other international standards, in that:

(a) all persons who have been detained for any reason are entitled to be informed of the reasons for their detention (Article 9(2) of the ICCPR, Article 5(2) of the European Convention, Principle 11(2) of the UN Body of Principles);

(b) all detainees are entitled to challenge the lawfulness of their detention before a court (Article 9(4) of the ICCPR, Article 5(4) of the European Convention);

(c) that court must be competent, independent and impartial (Principle 4 of the UN Body of Principles);

(d) the detainee also has the right to be represented by counsel (Principles 11(1) and 18 of the UN Body of Principles and Article 1 of the UN Basic Principles);

5. Notes that, while editor of the Awaze Quane Punjabi Weekly and as General Secretary of the International Sikh Youth Federation, Raghbir Singh Johal has campaigned for the creation of an independent Sikh homeland in India, but that no evidence has been produced to show that he has ever advocated, let alone used, violent means to seek to achieve this goal;

6. Considers therefore that the continued detention of Raghbir Singh Johal by the Home Office would appear to constitute a prima facie case of abuse of internationally recognized human rights;

7. Calls on the UK Government either to produce explicit evidence of Raghbir Singh Johal's complicity in international terrorism or to release him from custody forthwith;

8. Instructs its President to forward this resolution to the Council, the Commission, the UK Government and the European Court of Human Rights.