UN Body On Human Rights 'Disturbed' Over Stan Swamy's Death; India Rejects Criticism

Swamy, who breathed his last at a hospital in Mumbai on Monday, was arrested last year under the Unlawful Activities (Prevention) Act (UAPA) in connection with the Elgar Parishad-Maoist links case.

(File Photo/ Getty)

United Nations/Geneva: Asserting that it was “deeply saddened and disturbed” by the death of rights activist Stan Swamy during his pre-trial detention, the top UN human rights agency on Tuesday urged the countries, including India, to release individuals detained “without a sufficient legal basis”.

The human rights agency further said UN High Commissioner for Human Rights Michelle Bachelet and the United Nations' independent experts have repeatedly raised the cases of Swamy and 15 other human rights defenders with New Delhi over the last three years and urged for their release from detention, PTI reported.

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Swamy, who breathed his last at a hospital in Mumbai, Maharashtra, on Monday, was arrested last year under the Unlawful Activities (Prevention) Act (UAPA) in connection with the Elgar Parishad-Maoist links case.

Asserting “there needs to be clarity around how and why Swamy passed away in those conditions”, Stephane Dujarric, Spokesman for the UN Secretary-General, said: “First of all, we send our condolences to his family and his friends.”

Liz Throssell, the spokesperson for the UN High Commissioner for Human Rights, said: “We are deeply saddened and disturbed by the death of 84-year-old Father Stan Swamy, a human rights defender and Jesuit priest, in Mumbai yesterday, following his arrest in October 2020 under India’s Unlawful Activities (Prevention) Act.”

She said “in light of the continued, severe impact of the COVID-19 pandemic, it is even more urgent that states, including India, release every person detained without a sufficient legal basis, including those detained simply for expressing critical or dissenting views”.

“This would be in line with the Indian judiciary's calls to decongest the prisons," she added.

Throssell said Swamy was a long-standing activist, particularly on the rights of indigenous people and other marginalised groups.

“The High Commissioner has also raised concerns over the use of the UAPA in relation to human rights defenders, a law Father Stan was challenging before Indian courts days before he died,” she added.

Meanwhile, Mary Lawlor, the UN Special Rapporteur on Human Rights Defenders, said Swamy was imprisoned on “false charges of terrorism” and termed his death as “devastating”.

India on Tuesday rejected international criticism over handling of Swamy’s case and said the concerned authorities act against violations of law and do not restrain legitimate exercise of rights.

Stating India remains committed to the promotion and protection of the human rights of all its citizens, the Ministry of External Affairs (MEA) in a statement said the country’s democratic polity is complemented by an independent judiciary and a range of national and state-level human rights commissions.

The MEA said “Swamy was arrested and detained by the National Investigation Agency following due process under law”.

“Because of the specific nature of charges against him, his bail applications were rejected by the courts. Authorities in India act against violations of law and not against legitimate exercise of rights. All such actions are strictly in accordance with the law,” the MEA added.

The MEA said Swamy was receiving all possible medical attention at a private hospital where he was admitted since May 28.

Responding to media queries, the MEA said “India remains committed to promotion and protection of human rights of all its citizens”.