EXTREMELY URGENT RESOLUTION

REGARDING MOHD. AFZAL GURU

 

The International Association of Peoples Lawyers (IAPL) along with its Indian and Jammu & Kashmir Chapters, here today at the 3^rd Congress at Davao City, Philippines on this the 13^th day of October 2006 do hereby resolve the following:

 

CONDEMNING the death penalty handed over the Mohd. Afzal Guru by the Supreme Court of India in Criminal Appeal Nos. 373 to 375 of 2004 decided on 4.8.2005 wherein the Supreme Court of India confirmed the death sentence to Mohd. Afzal Guru given by the trial court solely relying on confessional statement and the circumstantial evidence as provided under the draconian Prevention of Terrorism Act, 2002.

 

CONDEMNING that despite the Supreme Court condemning the manner of procurement of evidence against the accused in the Parliament Bomb Blast Case and questioning the manner of recording and obtaining the confessional statement relied upon it and upheld the death sentence based on this nebulous evidence.

 

CONCERNED that Mohd. Afzal Guru was denied a fair trial in accordance with procedure laid down by the law under Article 12 of the Constitution of India and the International Covenant on Civil and Political Rights (ICCPR) ratified by the Indian Government by the state failing to ensure that he had legal representation at the time of his trial.

 

REITERATING our support and solidarity with the people of Kashmir in their demand and struggle for the right to self-determination and for a life of liberty and dignity including Mohd. Afzal Guru and other political prisoners.

 

URGING that the death penalty handed down to Mohd. Afzal Guru be commuted.

 

DEMANDING that the Indian State cease to use criminal law to deal with political issues and prosecute political dissenters.