THE National Prosecuting Authority has confirmed that investigations are under way following calls to arrest and prosecute Narendra Modi, India’s prime minister, on allegations of war crimes and human rights violations.
Modi is expected to visit South Africa for the 15th BRICS (Brazil, Russia, India, China and South Africa) summit from August 22 to 24 at the Sandton Convention Centre in Johannesburg.
The SA Kashmiri Action Group (Sakag) and the Muslim Lawyers Association (MLA) recently lodged an application to secure the investigation and arrest of Modi.
In a statement, the groups said they had met with the NPA’s Priority Crimes Litigation Unit and SAPS Directorate for Priority Crime Investigation-appointed team on August 3. They said progress was under way for an investigation and warrant of arrest for Modi.
“The process that is under way will involve interviews with witnesses, who form an integral part of the extensive complaint,” said Salman Khan, the chairman and founder of the Sakag.
“As this due process is under way, it holds the promise of the issuance of an investigation and a warrant of arrest for PM Modi, if he arrives in South Africa to attend the BRICS summit.”
The Sakag and the MLA said they were determined to ensure that Modi faced the law for war crimes and crimes against humanity in occupied Kashmir and in India.
“In late May 2023, the Sakag and MLA jointly launched the war crime case to the SAPS in a 600-page dossier, including prima facie cases and 200 FIRs (first information reports). The original case was opened in July 2018 in South Africa,” Khan said in a statement.
They thanked the South African government and the NPA and the SAPS.
“We thank them for assisting in seeking justice for the victims of oppression and gross human rights violations at the hands of Indian armed forces in Indian illegally occupied Kashmir acting under the direct command of Modi.
“Justice may be delayed but will never be denied for the people of Kashmir, who have the right to live peacefully and without any oppression substantially similar to the illegal occupation of Palestine,” they said in a joint statement .
In a previous statement, the co-complainants said the dossier contained detailed evidence of abduction, tortures, rapes, extra-judicial killing, arson attacks and illegal arrest of political leaders and civilians.
“The defining feature of human rights violations in the last 22 years in Jammu and Kashmir has been that the Indian armed forces have leveraged ‘counter terrorism’ to possible war crimes with impunity.
“When survivors have approached the authorities to investigate, they have used ‘counter terrorism’ to ineffectively address possible war crimes, and to disregard people of Jammu and Kashmir.”
They said the submission to the NPA contained the following:
Copies of case files related to allegations of serious human rights violations by the Indian Army. More than 200 cases and indictments not properly investigated according to law by the Indian government.
Details of mechanisms that allow crimes to be ignored, including a circular issued by the Home Department directing police to disobey the Criminal Procedure Code by refusing to file the FIRs of allegations against the armed forces without the approval of higher authorities, or to simply refrain from reporting these allegations. How families of victims are forced to approach various courts to order the police to file FIRs and carry out investigations, especially in cases involving allegations against police, resulting in arduous journeys, high costs and crucial lost time.
Detailed records of numerous large-scale massacres, in addition to regular extra-judicial killings, including the
Gow Kadal (Srinagar) massacre of around 50 persons.
“The result of this environment of impunity and fear has been the disappearance of at least 8 000 persons, over 70 000 deaths, and more than 6 000 unmarked mass graves.
“These numbers are conservative.
“The South African government has acted on previous complaints. In July 2018, the NPA and DPCI, through Interpol, took the initiative of requesting the Indian authorities to indicate whether they are investigating the allegations against Modi domestically,” they said in a joint statement.
Advocate Yousha Tayob, spokesperson for the MLA, said: “The dossier contains clear prima facie evidence to justify arresting Mr Modi when he attends the BRICS summit.
“We would like to convey our appreciation to the NPA and SAPS for attending to this matter and we look forward to ongoing discussions. We reserve the right to elevate this case to the ICC at the Hague under Article 25(3) of the Rome Statute.”
The NPA confirmed that investigations were under way.
Mthunzi C Mhaga, the national spokesperson for the NPA, said: “We confirm that a meeting did take place, and investigations in respect of the matter are under way, and prosecution will depend on the outcome of the investigations.”
The Indian Consulate in Durban and the Presidency did not comment at the time of publication.
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