UN expert says Fr Swamy's death will 'remain a stain' on India's history
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New Delhi: UN human rights expert and Special Rapporteur Mary Lawlor said that the custody deaths of Fr. Swamy will always "remains a stain" on India's human rights record.
Jesuit priest Stan Swamy (84) was arrested under the Unlawful Activities (Prevention) Act (UAPA) last year in connection with the Elgar Parishad-Maoist links case. He was admitted to a private hospital on May 28. And died on July 5. The UN representative called the Catholic priest a renowned human rights and social justice advocate for over four decades.
Lawlor alleged that FrSwamy was jailed "on fabricated terrorism charges". Since his arrest, he has been subjected to harassment and repeated interrogation. His requests for release were denied despite his deteriorating health.
He had dedicated his life to defending the rights of indigenous peoples and the Adivasi minority. He has been working against violations involving forced displacement and illegal land acquisitions concerning Adivasi minority indigenous peoples and the Dalit minority. She added that we know defenders of environmental, land, or indigenous people's rights are among the most vulnerable to being targeted.
Many Lawlor stated that there is no excuse for a human rights defender to be smeared as a terrorist, and they should not die the way FrSwamy died, accused, detained, and denied his rights.
Lawlor issued a statement regarding his death on Thursday and said that she was devastated to hear about it and there is "no reason" for a human rights defender to be denied his rights. She added that Father Swamy's death should remind all states that everyone who is detained without sufficient legal basis, including human rights defenders, should be released.
India has faced international criticism over Swamy's death and the handling of his case. The Ministry of External Affairs rejected the criticism and said that the concerned authorities act against violations of law and do not restrain the legitimate exercise of rights.
The Ministry said that FrSwamy was arrested and detained by the NIA for due process under the law. His bail pleas were rejected due to the nature of the charges against him. All actions by authorities were strictly in accordance with the law. India remains committed to the promotion and protection of the human rights of all its citizens.
In November 2020, UN experts had reminded the Indian authorities about international human rights obligations. Lawlor, in her statement, asked the Indian government why he wasn't released.
Fernand de Varennes (Special Rapporteur on minority issues) and TlalengMofokeng (Special Rapporteur on the right to physical and mental health) have endorsed Mary Lawlor's statement.
Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. It is the largest body of independent experts in the UN Human Rights system. The council has independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world.
