Can Himanta Biswa Sarma and Yogi Adityanath Be Tried for Crimes Against Humanity?

President Duterte of the Philippines was charged and is being investigated. Why not the chief ministers of Assam and Uttar Pradesh?

Himanta Biswa Sarma, Assam’s chief minister, recently said: “Someone asked me today if police shooting at persons who try to escape from custody has become a pattern. This should be the pattern if someone who is a rapist trying to flee after snatching arms from police, or someone who tries to escape while recreating a scene of the crime.”

The police, he continued, “shouldn’t shoot them in the chest, but the law permits shooting them in the leg. The police in Assam shouldn’t be scared of taking such action [against criminals], but no such action should be taken against innocent persons.”

Now who does this remind you of? Let’s look farther east—a long way from Assam.

Rodrigo Duterte assumed office as the president of the Philippines on June 30, 2016. Before being elected president, he had served six terms as the mayor of Davao City, the country’s third-most populous. Under his muscular and unforgiving leadership, the city experienced an economic boom and a significant improvement in the law-and-order situation.

Riding on his success in Davao City, Duterte ran for president and won. Under the constitution of the Philippines, his tenure ended in June 2022. A new president, Bongbong Marcos, is now in office. Duterte’s daughter Sara is the vice-president, and Duterte has announced that he is retiring from politics.

Let’s remember that Duterte had an approval rating of 67.2%, just before he left office. One of his most famous and controversial policies was the ‘War on Drugs,’ which he began while mayor of Davao city.

Also read: A Trail of Blood: Resisting Tyranny in the Philippines

He is also alleged to have been involved with the vigilante group called “Davao Death Squad”. During his tenure as mayor, he oversaw the killings of hundreds of individuals who were allegedly involved in drug deals or were drug addicts.

Funeral workers carry the body of one of the five suspected drug pushers killed in a police operation in Quiapo city, metro Manila, Philippines July 3, 2016. Reuters/Czar Dancel/File Photo

He once said, to a cheering audience, “You rape a child in my city? I will kill you, I have no problem with that. You commit robbery and rape your victim? I will kill you. We’re the ninth safest city, how do you think I did it? How did I reach that title among the world’s safest cities? Kill them all [criminals].”

To Assam

One must notice chief minister Sarma’s use of the word ‘criminal’ and ‘rapist’ in the statement at the start of this article. Sarma did not say ‘accused’. It is for a court of law to decide if an accused is a criminal or rapist or not. Incidentally, Sarma is a 1995 law graduate from Gauhati University. In the current Lok Sabha, 363 Members of Parliament have criminal cases against them. So, the question arises whether Sarma would call all of them ‘criminals’?

Police attempt to disperse the people protesting against an eviction drive in the Darrang district of Assam police, September 23, 2021. Photo: PTI Photo

Buoyed by the support from the chief minister, the state’s director general of police Bhaskar Jyoti Mahanta of Assam threatened and subsequently thrashed people for violating lockdown guidelines. Assam Police also started picking up morning walkers and leaving them stranded far away from their homes.

Also read: Himanta Biswa Sarma Defends Police ‘Encounters’, Says Those ‘Fleeing Custody’ Should Be Shot

Santana Khanikar, the author of State, Violence, and Legitimacy in India, writes: “Extreme police action is not unknown to Assam. In a political context chequered with protest movements and their suppression, police and paramilitary state violence is a part of daily life for many in the state. Narratives of the brutality of the police, Indian Army and CRPF [Central Reserve Police Force] operations in search of ULFA [United Liberation Front of Asom] activists are part of village lore that children grow up with.”

To Uttar Pradesh

After Adityanath came to power as chief minister in 2017, he largely focused on the economy and law-and-order. During his first term, there was a 40% increase in Gross State Domestic Product. But the reality of his economic performance is contested.

Since Adityanath assumed the chief minister’s office, the state has seen many protests relating to law-and-order. These include demonstrations against the CAA-NRC, Tablighi Jamaat, Hathras Gang-rape, Unnao rape, farm laws, and more recently protests in various cities and towns of the state after controversial remarks made by the now-suspended BJP spokesperson Nupur Sharma against Prophet Muhammad.

Policemen hit a civilian during anti-CAA protests in Kanpur on Friday. Photo: PTI

Adityanath has dealt with these issues ‘innovatively’. For example, in the aftermath of the CAA-NRC protests, the administration decided to put up posters of people who were allegedly involved in the protests. It took intervention from the high court and the Supreme Court to bring down the posters.

The administration has also levied fines against protesters for alleged damages caused to public properties. Again, the Supreme Court had to intervene and now the administration is busy returning the fines it had collected. In a 10-month period, UP police shot dead 39 alleged criminals in 1,142 encounters. Not a single one was on the state’s most-wanted list.

Here is Adityanath talking about how to deal with criminals in a TV interview: “Agar apradh karenge, toh thok diye jayenge [If they commit offences, they will be shot]”.

As per his affidavit submitted before the 2014 Lok Sabha election, Adityanath himself faced three cases where cognisance has been taken by a court of law. The charges against him included an attempt to murder; rioting, armed with a deadly weapon; promoting enmity between different groups on grounds of religion; and behaviour prejudicial to the maintenance of harmony.

Now that he is the chief minister, Adityanath has been dealing with people facing the same charges by resorting to encounters and bulldozer justice. But UP is an irony-free zone.

Back to the Philippines (via the International Criminal Court)

On February 8, 2018, the prosecutor of the International Criminal Court (ICC) announced that she will open a preliminary examination in the Philippines regarding crimes allegedly committed in the ‘War on Drugs’ campaign. Duterte, at that time, had finished just one-and-a-half years as president. The country ratified the ICC’s statue in 2011 and was subject to its jurisdiction until March 17, 2019, when Duterte withdrew from the court.

Once the prosecutor finished her preliminary examination, on May 24, 2021, she submitted a request to open an investigation into the international crimes committed in the Philippines between  November 1, 2011 and March 16, 2019.

The request noted that:

“[T]here is a reasonable basis to believe that the Crime Against Humanity of Murder was committed from at least 1 July 2016 to 16 March 2019 in the context of the Philippine government’s “war on drugs” (“WoD”) campaign… Markedly similar crimes were committed outside official police operations, reportedly by so-called “vigilantes”, although information suggests that some vigilantes were, in fact, police officers, while others were private citizens recruited, coordinated, and paid by police to kill civilians… The same types of actors also allegedly committed strikingly similar crimes in the city and region of Davao (“Davao”), starting in 1988 and continuing through 2016. The Request referred to Duterte’s tenure as mayor of Davao city. It explains how he later applied his Davao City model across the Philippines. The result was the extrajudicial killing of 12,000 to 30,000 civilians.”

The prosecutor made a case for Crime against Humanity of ‘Murder’ under article 7.1.a, of ‘Torture’ under Article 7.1.f, of ‘Other Inhumane Acts’ under Article 7.1.k of the Rome Statute of the ICC.

On September 15, 2021, the court granted permission to the prosecutor to go ahead with the investigation into the crimes mentioned in the request. In its decision, the court concluded “that there is a reasonable basis for the prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed, and that potential case(s) arising from such investigation appear to fall within the court’s jurisdiction.”

On March 17, 2019, Duterte withdrew his country’s membership in the ICC on farcical grounds, including the assertion that the ICC had violated the legal principle of presumption of innocence However, the ICC can still continue  with the investigation as in fact doing so. That is because the crimes under investigation were committed when the Philippines was a member of the court. It effectively means that if Duterte did commit any crime during this period, which is under investigation, he can still be tried at the ICC.

Conclusion

Can Messrs. Sarma and Adityanath be tried, like Duterte, at the ICC?

Not in the foreseeable future. Since India is not a party to the ICC, the court does not have jurisdiction over international crimes committed in India. Moreover, it would be difficult to prove that events unfolding in Uttar Pradesh and Assam amount to crimes against humanity. But that’s not totally impossible.

A while ago, I had argued for classifying mob lynching as crimes against humanity. I applied a framework that goes beyond the ICC. By analogy, I argue that the recent incidents mentioned above can also be classed as crimes against humanity.

There are four elements in a crime against humanity. These are a) Acts committed as part of an attack, b) Widespread or systematic attacks directed against any civilian population, c) Attacks directed against any civilian population and d) With official knowledge of the attack.

‘Acts committed as part of an attack’ means that certain actions must be repeated and that these actions should cause harm. These attacks should also be either widespread or systematic and be against the civilian population as opposed to any enemy. And finally, the people attacking should have the knowledge that their actions are in furtherance of the state’s policy.

One can thus make a case that in furtherance of the official policy of ‘no tolerance’, the state officials and allied vigilante groups have been attacking civilians in the state of Uttar Pradesh and Assam.

Yet if the ICC can’t investigate these crimes in India, is there any other recourse?

There is. Crimes against humanity are recognised as violations of Jus Cogens – peremptory norms of international law from which no one can claim exception. This means that even if India is not a party to the ICC, it is still responsible to ensure that crimes against humanity—violations of Jus Cogens—are not committed on its territory.

One thus hopes that the Indian judiciary will step in, either to stop the chief ministers under discussion from going the Philippines’ way or to punish them for the alleged crimes already committed. If left unchecked, there will be further loss of lives and property of the helpless civilians.

Aman Kumar is an Assistant Professor of Law at IFIM Law School, Bengaluru. He is an alumnus of NLUJA, Assam and South Asian University. He writes on issues of international law at the Indian Blog of International Law.

20 Years Later, ‘The Wire’ TV Series Is Still a Cutting Critique of American Capitalism

The first season of ‘The Wire’ began 20 years ago this month. It remains one of this century’s great television shows — both stylish and smart, with unforgettable characters woven into a striking portrait of the depredations of capitalism in one US city.

Considered by many to be the best television drama series ever, The Wire ran from June 2, 2002, to March 9, 2008. Made and set in Baltimore, it employed a large ensemble cast playing cops, junkies, dealers, lawyers, judges, dockers, prostitutes, prisoners, teachers, students, politicians, and journalists. The dramatis personae ranged widely, not only horizontally but vertically, from the foot soldiers of the drug trade, police department, school system, and newspapers through middle management to the higher executives, showing parallel problems and choices pervading the whole society.

But summing up its plot does not tell the full story. As the series progressed, The Wire’s individual stories opened out into an analysis of an overarching, and at times irresistible, system shaping each aspect of society. The series demonstrated the potential of television narrative to dramatise the nature of the social order, a potential that TV drama has long neglected or inadequately pursued.

Each season ended with a stirring montage that pulls together the various plots and projects them into the immediate future, leaving the viewer pondering the story lines’ outcomes and reflecting on their causes and consequences. And off-screen, The Wire’s writers provided a rich context to its intentions and message, a meta-narrative that situates the series within twenty-first-century American capitalism. In many ways, The Wire is a Marxist’s idea of what TV drama should be — stylish and intellectually serious, a series with compelling plotlines woven through a rigorous analysis of society.

We’re not as smart as The Wire

The Wire’s creator David Simon admitted “the raw material of our plotting seems to be the same stuff of so many other police procedurals.” And The Wire certainly emerged into an evolving genre, one in which dissonance, disruption, and ambiguity of resolution had increased over decades. The gap between law and justice widened in TV drama as it has widened in social consciousness. By the early 2000s cops such as Andy Sipowicz (NYPD Blue), Frank Pembleton (Homicide: Life on the Street), Vic Mackey (The Shield), and Olivia Benson (Law & Order: Special Victims Unit) were a different species from Joe Friday of 1950s Dragnet. They were no longer untainted and uncomplicated agents of righteousness, but morally conflicted, psychologically complex characters struggling with difficult personal lives as well as a crumbling social contract. They crossed lines, both ethically and legally.

Nevertheless The Wire represented a leap in the evolution of the genre. It moved complexity up a level, particularly in terms of social context, showing a social order in steep decline. It also broke from the standard narrative structure to which most cop shows still adhere. In these, a relatively harmonious status quo is disturbed by a murder, rape, or assault, followed by an investigation combining elements of pavement pounding, interrogation, and forensic detection. The script brings the assailant to justice by the final scene and restores harmony. The Wire’s narrative structure unfolds according to a much longer and less predictable story arc, which reveals a more astute social analysis. As Simon observed:

On shows where the arrest matters… the suspect exists to exalt the good guys, to make the Sipowiczs and the Pembletons and the Joe Fridays that much more moral, that much more righteous, that much more intellectualised. It’s to validate their point of view and the point of view of society. So, you end up with same stilted picture of the underclass. Either they’re the salt of earth looking for a break and not at all responsible, or they’re venal and evil and need to be punished.

The Wire also takes aim at the seemingly omnipotent and omniscient CSI-type police procedurals. In these shows, the labor of detection is effectively reduced to a glamorised pseudoscience pursued by investigators dressed like fashion models and working in crime labs that look like night clubs. In contrast, an early episode of The Wire shows detectives waiting at a crime scene for forensic investigators, who are tied up with the theft of a city councilman’s lawn furniture, while the corpse is decaying. On another occasion, the evidence for multiple murders is inappropriately amalgamated because a temp has failed to understand the meaning of “et al.” Most consequentially, in season five, Detective Jimmy McNulty contrives a serial killer scenario through manipulation of forensic evidence (after discovering that postmortem bruising can be mistaken for strangulation) in a convoluted scheme to get funding for real police work. The crime lab itself is down at the heel, and its personnel look like ordinary working people dressed for a day’s work rather than a catwalk.

An anecdote told by actor Andre Royo (Bubbles), recounting his experience on Law and Order, highlights the gulf between The Wire and more conventional cop shows:

In one scene, the cops come to my house because someone is killed and I have the weapon there. While we were shooting, I saw an open hallway and I ran out. And the director yelled “Cut” and said, “We’re not as smart as The Wire. On our show, you put your hands up and get handcuffed.”

The Sopranos offers another point of comparison, as an HBO production that also took crime drama into new territory and moral ambiguity to a new level. In speaking of The SopranosDavid Simon has praised this aspect of the show and said that he himself is not interested in good and evil. However, despite what he says, the series itself as well as his other utterances in interviews belie this. While The Wire casts virtually every character in a stance of moral compromise and shows sympathy for criminals, it nevertheless has a strong moral compass and does not seduce its audience into moral dissolution as The Sopranos arguably does. The Wire constantly raises the question of a moral code, even if along unconventional lines, and challenges its audience to moral reflection.

Our current condition

Breaking from genre norms on many levels, The Wire went beyond even the best of previous police procedurals. It set out to create something more panoramic and more provocative, or, as Simon himself said, “storytelling that speaks to our current condition, that grapples with the basic realities and contradictions of our immediate world,” that presents a social and political argument. It is a drama about politics, sociology, and macroeconomics.

He described how the story line unfolds in the space “wedged between two competing American myths.” The first is the free-market, rags-to-riches success story that says “if you are smarter… if you are shrewd or frugal or visionary, if you build a better mousetrap, you will succeed beyond your wildest imagination.” The second is the American idea that “if you are not smarter… clever or visionary, if you never do build a better mousetrap… if you are neither slick nor cunning, yet willing to get up every day and work your ass off… you have a place. And you will not be betrayed.”

According to Simon, it is “no longer possible even to remain polite on this subject. It is… a lie.” The un-packaging of this new reality across the series reveals much about America’s economic and existential crisis. Much TV drama shows the slippage in the grip of these myths while still remaining in thrall to them. The Wire broke more decisively as it explored the social crisis resulting from a world in which many people will not succeed or necessarily even survive, whether they are smart or honest or hardworking; indeed even conceding that they might even be doomed because they are.

Nick Sobotka (Pablo Schreiber) stares through the fence at the Baltimore docks in season two.

Rarely, if ever, has a television drama constructed a narrative with such a strong thrust toward meta-narrative. The Wire’s intricate and interwoven story lines dramatise the interaction between individual aspirations and institutional dynamics. These build into the larger story of a city, not only the story of Baltimore in its particularity, but with a metaphoric drive toward the story of Every City. Each character and story line pulses with symbolic resonance about the nature of contemporary capitalism. While the text itself does not name the system, the meta-text does with extraordinary clarity and force.

David Simon, the primary voice of this collective creation, has engaged in a powerfully polemical discourse articulating the worldview that underlies the drama. The meta-narrative, the story about the story, is implicit within the drama, but explicit in the discourse surrounding the drama, going way beyond that of any previous TV drama.

Shakespearean is a term often used to describe what is perceived as quality drama, and it has often been used to describe The Wire. Simon was, however, quick to correct his interviewers with regard to its dramatic provenance:

The Wire is a Greek tragedy in which the postmodern institutions are the Olympian forces. It’s the police department, or the drug economy, or the political structures, or the school administration, or the macroeconomic forces that are throwing the lightning bolts and hitting people in the ass for no decent reason.

This larger theme recurs across numerous interviews: The Wire is not a drama about individuals rising above institutions to triumph and achieve redemption and catharsis. It is a drama where those institutions thwart the ambitions and aspirations of those they purportedly exist to serve; one where individuals with hubris enough to challenge this dynamic invariably become mocked, marginalised, or crushed by forces indifferent to their efforts or to their fates; where truth and justice are often defeated as deceit and injustice are rewarded.

Of all the forces in motion — in politics, education, law, and media — most crucial are the macroeconomic ones, which underpin and determine the operation of the other institutions. For David Simon, “[c]apitalism is the ultimate god in The Wire. Capitalism is Zeus.” The worldview underlying ancient Greek tragedy is one in which individuals do not control the world. They are at the mercy of forces beyond their control. The Wire is a drama of fated protagonists, a rigged game, where there is no happy-ever-after ending.

Literary references abound in the discourse surrounding the series. Explaining why he thinks it to be the best in the history of television, Jacob Weisberg argued:

No other program has ever done anything remotely like what this one does, namely to portray the social, political, and economic life of an American city with the scope, observational precision, and moral vision of great literature… The drama repeatedly cuts from the top of Baltimore’s social structure to its bottom, from political fund-raisers in the white suburbs to the subterranean squat of a homeless junkie… The Wire’s political science is as brilliant as its sociology. It leaves The West Wing, and everything else television has tried to do on this subject, in the dust.

The blog Scandalum Magnatum posted an entry on Simon entitled “Balzac of Baltimore,” arguing that Balzac, Marx’s favourite novelist, sought to portray society in all its aspects, showing how it was falling apart at the hands of the rising bourgeoisie. As Engels observed of Balzac, although his sympathies were with the class doomed to extinction, there was more to be learned from his fiction than from all the professed historians, economists, and statisticians of the period together. In building a whole world, The Wire rivals the breadth of vision of the nineteenth-century realist masterworks. It too anchors its sympathies in a class doomed to extinction, living in Simon’s shadows of the “brown fields and rotting piers and rusting factories,” “dead-ended at some strip mall cash register,” or “shrugged aside by the vagaries of unrestrained capitalism.”

The other America

Significantly, The Wire’s writers were novelists and journalists who lived in close proximity to the experience of “the other America” they sought to uncover. “None of us are from Hollywood,” Simon wrote. “[S]oundstages and backlots and studio commissaries are not our natural habitat.” In his opinion:

So much of what comes out of Hollywood is horseshit. Because these people live in West L.A., they don’t even go to East L.A…. [W]hat they increasingly know about the world is what they see on other TV shows about cops or crime or poverty. The American entertainment industry gets poverty so relentlessly wrong… Poor people are either the salt of the earth, and they’re there to exalt us with their homespun wisdom and their sheer grit and determination to rise up, or they are people to be beaten up in an interrogation room by Sipowicz.

The writers took credibility seriously. This meant, according to Ed Burns, “You’ve got to know the world… otherwise it’s medical crap here and cop crap there and a love story,” a series by the numbers. For senior editor Eric Ducker, it was important to reflect the world as it is, so The Wire he said “is not some sort of proletariat revolution where longshoremen and drug dealers have seized the means of storytelling, but it’s as close as you get to an East Coast, rust belt, post-industrial city telling its own story.”

“Stringer” Bell (Idris Elba) in the courtroom of D’Angelo Barksdale’s murder trial in season one.

Despite their distance from the dominant television industry, the writers learned the craft of TV drama production impressively. Everything — from the writing to the shooting — is honed to the purpose of showing the world. Even the directorial practice of staying wide in terms of visual composition is shaped with this intent. Image construction often shows lives constricted by confining spaces, which are then depicted in relation to the larger environment surrounding them.

We see characters and events against the backdrop of the city from its grandest views: from executive offices or luxury condos overlooking the harbor. And we also see the windowless basement offices where police monitor wiretaps and the grim abandoned houses where addicts inject heroin. The beauty and space open to some sections of the population always stand in sharp contrast to the ugliness and claustrophobia circumscribing the others. One group cannot exist without the other.

The Wire is “about untethered capitalism run amok, about how power and money actually route themselves in a postmodern American city, and ultimately, about why we as an urban people are no longer able to solve our problems or heal our wounds.” It is a show in which the excesses of capitalism are not reduced to the actions of a few proverbial bad apples. As Scandalum Magnatum argued:

Most “progressive” Americans think in terms of “corporations” rather than “capital.” The former has people in charge who are evil; the latter is a faceless and diffuse social force, which controls simply by going about its business in a banal and unthinking manner. In not giving capital a face, Simon removes the easy way out.

Nevertheless, capitalism is largely invisible within The Wire. There is a sense in which, like the Greek in season two, it hides in plain sight. The character of the Greek sits in the foreground, silent and unacknowledged, at a café counter while underlings conduct business on his behalf. To David Simon, the Greek “represented capitalism in its purest form.” He only becomes a visible actor when his interests are directly threatened. He reappears briefly in the final montage of season five, still sitting in the café, still present, still barely observed.

Narco-capitalism is shown as the only viable “economic engine” in neighbourhoods where no other path to wealth exists. Those excluded from making a living through the dominant system create their own alternative. For Simon and Burns, drug culture provides “a wealth-generating structure so elemental and enduring that it can legitimately be called a social compact.”

An unskilled and poorly educated underclass is trapped between the drug economy and the war on drugs. The Wire compresses decades of the Baltimore drug trade into its five seasons. It uses the industry to tell a story about capitalism, contrasting its “legitimate” modes of accumulation with “illegitimate” ones. When McNulty observes, “everything else in this country gets sold without people shooting each other behind it,” the irony is implicit. Within legitimate capitalism, the economic system’s violence remains largely hidden. Only in the primitive accumulation of the drug economy is violence visible.

Even within this process, as the scripts develop it, the characters with more power have an impetus to launder the money, to bring greater order, and to reduce the overt violence, all the more effectively to accumulate further. For example, a character is developed who provides enormous assistance in this regularising aspect of capital. He is lawyer Maurice Levy, who defends drug dealers in court, procures their political connections, and facilitates their property transactions.

A key figure in the trajectory of transformation from primitive to more advanced accumulation is Russell “Stringer” Bell, second-in-command of the Barksdale drug organisation. When McNulty tails him, the detective finds that Bell’s destination is Baltimore City Community College, where the drug lord is taking a course on macroeconomics. As Bell progresses in his course and tightens his control of the organisation, we see him explicitly applying his lessons to the drug trade. From the start, Bell conceptualises the process of his group’s capital accumulation at a level inaccessible to street dealers: “Every market-based business runs in cycles. We’re in a down cycle now.”

Indeed, under Bell’s leadership, we see the organisation progress from making on-the-fly decisions in the grubby back room of a strip club to holding formal meetings in a funeral home according to Robert’s Rules of Order to forming a cartel that meets in an upmarket hotel conference facility laid out as a corporate boardroom. He comes to recognise that the traditional goal of controlling territory is meaningless if the group distributes bad product. Moreover, it’s the fight for territory that brings the bodies, and the bodies that bring the police, which forces dealers off the streets, affecting productivity and profits. Eventually Bell uses illegal profits to buy legal property. He strives to mix with the movers and shakers of the propertied class, bribe politicians, accumulate further capital, and integrate into the dominant system. When police enter his upscale apartment, the camera settles on a book McNulty pulls down from the shelf: Adam Smith’s The Wealth of Nations.

Ultimately however, Stringer Bell is felled by hubris. Despite or perhaps because of his education, he fails to see the true nature of the system that confronts him. Bell takes his lessons in economics at face value. Consequently he is conned out of millions of dollars by the corrupt state senator, R. Clayton “Clay” Davis. Simultaneously, he is betrayed by his own group’s ostensible leader, Avon Barksdale, recently released from prison and unimpressed by Bell’s more businesslike attempts to reform the drug trade. Avon stands for a more traditional criminal subculture. He poses as a community leader, serving food at a cookout and financing a boxing club; in the end he betrays Bell for reasons of family loyalty.

Ironically, it is Marlo Stanfield, successor to the Barksdale organisation, who reaps the rewards of Stringer Bell’s business education. Marlo takes the best of both worlds: he understands that bodies bring the police, but rather than eradicate the violence, he hides the bodies, rendering the violence invisible. In the end, Marlo achieves everything that Stringer wanted, but has no idea of where to go with it. He meets with the city powers at a reception in a high-rise office block, looking out across the city that they each in their different ways control. For all of his frequent callousness, Stringer believed he could tame the system. Marlo stands on the verge of admission to the inner circle, his extreme ruthlessness seemingly marking him out as one of its own.

Juking the stats

The political structure, as portrayed in The Wire, has adopted the priorities of finance capitalism. Commodity value is consistently prioritised over use value. The public sector has become impoverished — to the point where it cannot meet basic needs — while money accumulates in other sectors, particularly in the drug trade, beyond any possible need or use. Marlo, for example, has no idea what to do with all the wealth he has amassed. Meanwhile, politicians cut budgets, and police and teachers cut corners on the job and go into debt at home.

To defend their declining position, educational and legal institutions adopt prevailing modes of justification so that public services appear to produce little in the way of real results. The school system struggles but fails to educate, and the police force strives but fails to reduce crime. This environment seems to produce nothing of market value, so how is performance in the social sector to be measured? Paradoxically, the measurement that exists cloaks the lack of meaningful performance. Even further, producing the metrics disincentivises meaningful performance. The street rips drain time and energy from policing, which should be targeting the powerful players and the causes of crime. Teaching to the test does the same with respect to education, which should be opening the mind to the world.

Roland Pryzbylewski (Jim True-Frost) in the classroom in season four.

From the first episode, this kind of dilemma is made starkly clear. McNulty, after talking to a judge, unwittingly brings to the bosses’ attention a series of related murders linked to the Barksdales. The detective is reprimanded in the harshest terms for violating the chain of command. However, what most disturbs the head of the homicide division, Major William Rawls, is the fact that McNulty uses as evidence one of the murders from the previous year, which would therefore have no bearing on the current year’s case-solved statistics.

This massaging of crime figures is clearly illustrated and referred to as “juking the stats.” In season three we are introduced to COMSTAT meetings. Via Powerpoint slides, police give figures to suggest there are now decreases in crime. Since police at all levels, from the commissioner down, are often berated and even demoted for their failures, they defend themselves by finding ways to reclassify crimes, making aggravated assaults into common assaults. Sometimes they even make bodies disappear. When the bodies concealed by the Stanfield gang are discovered, the homicide sergeant suggests to the detective that he might want to leave them where they are, as there are only three weeks left in the year and the unit clearance rate is already under 50%.

Other relevant metrics play a role, as well as the year and body count. For example, some dead bodies are discovered in a location with an unimportant zip code — a story line with strong undercurrents of race and class. As the cops put it, dozens of black, poor bodies in Baltimore count for less than one white suburban ex-cheerleader in Aruba. Such a conversation takes place in the local newsroom as well. In other instances, overtime pay can become a metric, as one lazy detective insists that “cases go from red to black via green.”

The tyranny of numbers extends beyond the police department. When Roland Pryzbylewski is dismissed from the police force for accidentally shooting a black officer, he becomes a public school teacher. Sitting in a meeting to discuss how to “teach the test” for the forthcoming No Child Left Behind standardised tests, he experiences a flash of recognition. “Juking the stats,” he comments to a colleague, “you juke the stats and majors become colonels. I’ve been here before.”

Manipulating teaching procedures just to achieve adequate test scores parallels manipulating crime statistics at COMSTAT. The progress made by Pryzbylewski’s own unconventional teaching methods, and by an experimental program designed to resocialise troubled children, is eviscerated. In a succession of scenes ironically juxtaposed against each other, the high school’s seminar on a teaching strategy for the test is edited against a police meeting on anti-terrorism.

The police are the most sustained presence in the series. Characters such as McNulty, Lester Freamon, Cedric Daniels, and Kima Greggs have a commitment to building strong but difficult cases, tracing how the money and power are routed. However, these officers are constantly under pressure from those higher up the chain of command, who are in turn under pressure from city hall, to produce easy street rips that will produce arrests and drug seizures. That’s the kind of police action known to generate enthusiastic press conferences and impressive crime stats. Under such pressure, Daniels worries that one generation is training the next how not to do the job.

The good guys do not win. By the end of the series some of the best police must go — Daniels, McNulty, Freamon, Howard “Bunny” Colvin — while the worst thrive — Rawls, Stan Valchek, Ervin Burrell. Yet some — Greggs, Bunk Moreland, Ellis Carver — also survive and try to do another decent day’s work. The police exhibit the same moral ambiguity as does society as a whole. The venal but eloquent Sergeant Jay Landsman reflects, “We are policing a culture of moral decline.”

A dark corner of the American Experiment

Some of the scenes where we see most clearly the identity, contradictions, and solidarity of the police subculture and its relation to wider society are at the wakes for dead policemen. The ritual usually involves going to an Irish bar, laying out the corpse on a pool table, drinking whiskey, singing “The Body of an American” (The Pogues), and eulogising the dead cop. Discussing the dead policeman at Cole’s wake, one of the most memorable scenes in the series, Homicide Sergeant Landsman characterises the characters’ lives as “sharing a dark corner of the American experiment.”

In a montage of brief shots, the character of Cole, the Irish cop, is visually reconstructed. Some of the elements in the mise-en-scène are contradictory, even outlandish. On a pool table draped with a police flag are arranged a photo of the dead officer in dress uniform, rosary beads hanging over one corner, and a St Brigid’s cross lying in front of it. A shot of a bottle of Jameson Irish Whiskey held in the corpse’s left hand cuts quickly to a close-up of the wedding ring on his third finger. Shots of cuff links, cigars, and a tie follow in quick succession before settling briefly on his police shield. The figure of Cole as a symbol of policing, albeit a chaotic and contradictory one, is thus established, a perception heightened by Landsman’s observation that he was neither the world’s greatest cop nor its worst.

The incongruity of these elements is replicated even more forcefully at the seeming wake held for McNulty when he leaves the police force. He is symbolically dead, having left the brotherhood. Ironically for this uniquely promiscuous and self-destructive detective, the table is positively cluttered with religious kitsch, including votive candles and plaster hands draped with a rosary, alongside the obligatory bottle of Jameson and statue of the Virgin Mary. The verbose and articulate Landsman is momentarily lost for words, but he must ultimately admit to a grudging respect for the “dead” detective, the black sheep. In the only positive words he ever spoke to or about McNulty, Landsman declares that if his own body were found lying dead on the street, there is no one he would rather have standing over him investigating the case than McNulty.

Season five takes as its theme the mass media. Journalists, too, find themselves inhabiting a dark corner of the American experiment. Beset by pressures of bylines, deadlines, and prizes alongside problems created by cutbacks, out-of-town ownership, buyouts of the most experienced staff, and declining circulation, reporters find themselves disconnected from the city they are charged to report. Some go for the fast track to promotion and prizes, undercutting the process of building long-term knowledge of long-term situations, establishing contacts, creating trust, and understanding more of the context in which they operate.

The Baltimore Sun newsroom in season five.

Simon believes that the indifferent logic of Wall Street has poisoned relations between newspapers and their cities. The management of the Baltimore Sun, as represented in the series, is preoccupied with gaining Pulitzer Prizes. The newspaper’s formula, according to Simon, is to “surround a simple outrage, overreport it, claim credit for breaking it, make sure you find a villain, then claim you effected change as a result of your coverage.” Much journalism focuses on the symptoms rather than the disease, which Simon compared to coming to a house hit by a hurricane and making voluminous notes on the displaced roof tiles. One type of story is “small, self-contained and has good guys and bad guys,” whereas the other is informed by a bigger picture and a longer history and reveals what is happening in society.

In the newspaper plotline, the conflict is not just about the stories that the reporters get wrong for one reason or another, but about the fact that they fail to get at all the major stories that dominate the drama, things which the viewers but not the reporters understand. That, according to Simon, is the “big-ass elephant in our mythical newsroom.” The reporters do not uncover the stories about juking the stats on crime or education. They do not reveal that this is being driven by city hall or that the mayor is reverting to the practices he pledged to reform. They do not probe the connections between property transactions and political corruption. They have no idea of how the drug trade works. The death of Proposition Joe, a major player in East Baltimore drugs, is relegated to the inside pages, and the death of Omar, a semi-mythic figure in West Baltimore, is bumped from the paper altogether.

In depicting the world of print journalism, the script provides a strong sense of social decline, driven by Simon’s own experience of reporting for the Baltimore Sun and then following its transformation over the past few decades. In one scene, two journalists remember why they wanted to be newspapermen. One recalls seeing his father read the paper every morning at breakfast so thoroughly and intently that the child wanted to be part of something so important as to require that sort of concentrated attention. Another told of a man whom he saw on the bus every day and how that man folded his paper in sections and read it with such great care. There is a sense of a loss of coherence in a society where the daily newspaper was once part of a wider workaday ritual.

All the pieces matter

Another absence, also evoking a sense of social decline, is political protest. We see little organised opposition to the deindustrialisation and demoralisation of the city or to the macroeconomic forces driving its decline. This is worthy of remark, since the writers of The Wire wanted to make a companion series titled The Hall that would have focused more specifically on the political system. According to Simon, it would have acted as “an antidote to the Father-Knows-Best tonality of more popular political drama.”

The protests we do see are effectively stunts, stage managed from the top. On one occasion, new mayor Tommy Carcetti is seeking to divert attention from the failings of the law enforcement and education systems. He exploits a growing sense of outrage surrounding an apparent spate of homeless murders by organizing a candlelight vigil outside city hall. Using this masterful piece of politicking, he can place the blame for homelessness on federal and state administrations, both Republican, as opposed to the Democratic city administration.

On another occasion, when Clay Davis, a corrupt state senator, goes on trial, he manages to transform the accusation of gross corruption to self-defense against a racist witch hunt. He presents himself as a beneficent patron of the city’s black poor, his pockets never full for long, as he hears his constituents’ troubles and pays their bills. He arrives at the courthouse carrying a copy of Aeschylus’s Prometheus Bound, the tale of “a simple man, who was horrifically punished by the powers that be for the terrible crime of trying to bring light to the common people.”

In the courtroom, drawing on the rhetoric of the Civil Rights Movement, Davis skillfully manipulates the discourses of race and class against his opponents, who, he claims, have no idea how things are for the black poor. He refers to those pulling the strings above the black state attorney. He enlists a corrupt former mayor to his cause, who makes reference to those “persecuting… our leaders.” This courthouse rally culminates in a chorus of “We Shall Not Be Moved.” While it is apparent that significant sections of The Wire’s black political establishment are engaged in graft, the enduring and systemic character of inequality enables them to draw on a radical tradition and to distort it to nefarious ends.

The spirit of the ’60s finds such echoes elsewhere in The Wire. Avon Barksdale and Stringer Bell regularly use the black power handshake. In one conversation Avon refers teasingly to their youthful enthusiasm for “that black pride bullshit.” Brother Mouzone, an enforcer brought from New York to Baltimore by the Barksdales, is a ruthless gun for hire, whose appearance evokes Malcolm X, but he is without substance. He prides himself on reading the Nation, the New Republic, the Atlantic Monthly, and Harper’s, but how he relates the political debates in them to his role as enforcer in the drug trade is unclear. A philosophy of collective liberation has morphed into a Hobbesian war of all against all. For all their talk of being brothers, Avon and Stringer have already betrayed each other, and Avon has set in motion the murder of Stringer.

This tradition of black radicalism is sometimes evoked in a more positive way. When Dennis “Cutty” Wise is released from prison and finally escapes the drug trade to open a community boxing club, his new optimism is underlined during an election day jog, accompanied on his walkman by Curtis Mayfield’s “Move On Up,” a significant moment of scoring in a series that largely eschews the use of a musical soundtrack. Such optimism is undercut, however, when Cutty is canvassed and admits that as a former felon he is barred from voting, a mechanism that further disempowers the underclass.

State senator “Clay” Davis (Isiah Whitlock Jr), a key character in the series.

In this depiction of black Baltimore, echoes of the ’60s are weak — considering the scale and dynamism of the upheavals that shook the United States and the world in that era, when masses marched against war, racism, sexism, and imperialism. The Wire cannot make present, however, what is absent or attenuated in the wider culture that it represents. The script gives a strong sense that this movement has been both co-opted and defeated. The residue of the Civil Rights Movement seems to have left in Baltimore a lack of confidence in collective action, a lack of faith in alternative possibilities.

This hollowed out political landscape is very much in keeping with the post–9/11 atmosphere, and direct references to new powers available to police emerge at a crucial moment in The Wire, showing how the FBI reordered its priorities from drug investigations to the “war on terror.” In one instance, an Immigration and Naturalization Service (INS) agent points out a sign for the Department of Homeland Security and asks McNulty if he feels any different. McNulty admits that he didn’t vote in the 2004 election, because neither George W. Bush nor John Kerry had any idea of what was going on where he works.

Other plotlines bring in contemporary events. One journalist refers to a call that a colleague supposedly received from a serial killer and remarks that it must be strange to talk to a psychopath. In response, another reminds them that he interviewed Dick Cheney once. Another time, a woman in the city informs an old friend that her sister is working at a school in the county “teaching every n****r to speak like Condoleezza [Rice].” And as a police seminar on anti-terrorism descends into farce, one officer calls out, “Brownie, you’re doing a heck of a job,” a reference to George W. Bush’s infamous post-Katrina comment to the head of FEMA. David Simon would in fact follow The Wire with a less successful series exploring New Orleans entitled Treme.

Iraq is a recurring point of reference, not only directly but analogically. The story of a homeless Iraq War veteran features in the final season. Police patrolling the streets of Baltimore compare the city to Fallujah, with one recommending the use of air strikes and white phosphorous. The “war on drugs” is portrayed in such a way as to mirror the war on terror. One sequence, for example, alludes to the twin towers of 9/11. After the demolition of two housing project towers indirectly triggers a protracted and pointless power struggle, one gangster says, “If it’s a lie, then we fight on that lie.”

As the series moves to its conclusion, various scenes evoke the beginning. In the final episode, Detective Leander Sydnor meets with Judge Daniel Phelan, just as McNulty did in the first episode. Detectives go to a crime scene in the low-rises where they find a body in the shadow of the same statue where the body of a witness murdered in season one was found. We see Michael become the new Omar, and Dukie become the new Bubbles. The concluding scenes, particularly the final montage, are marshaled to show that the police department, drug trade, school system, newspaper, and city hall all carry on in the same way. No matter what characters have risen or fallen or died, the cycle continues and the system survives.

The series is more diagnostic than prescriptive. Nevertheless, Simon has said that he intended the show to be a political provocation. As interviewers ask what sort of political response he means to provoke, he has replied that he is not a social crusader, claiming to be a storyteller coming to the campfire with truest story he can tell. What people do with that story, he said, is up to them. Simon admitted at the time, however, that he was pessimistic about the possibility of political change as he found the political infrastructure bought, journalism eviscerated, the working class decimated, and the underclass narcotised. By contrast to the president elected as the series concluded, he said The Wire exhibited the “audacity of despair.”

While occasionally Simon indicates politicians lack courage to take on real problems, ultimately he sees the problems as rooted in systemic failure. Underlying The Wire’s story arc is the conviction that social exclusion and corruption do not exist in spite of the system but because of it. Its skepticism about reform comes from recognising that substantive social change is not possible “within the current political structure.” Simon has declared the series to be about “the decline of the American empire.”

A political drama

In a session at the Paley Center for Media (formerly the Museum of Television and Radio), Ken Tucker introduced Simon as “the most brilliant Marxist to run a TV show.” While Simon did not contradict Tucker, he has elsewhere asserted that he is not a Marxist. When asked if he is a socialist, he has declared that he is a social democrat. He believes that capitalism is the only game in town, that it is not only inevitable but unrivalled in its power to produce wealth.

However, he opposes “raw, unencumbered capitalism, absent any social framework, absent any sense of community, without regard to the weakest and most vulnerable classes in society — it’s a recipe for needless pain, needless human waste, needless tragedy.” Simon is for radical redistribution — “no trickle down bullshit” — but not “to each according to his needs” either. He took this perspective into the 2016 US election cycle, saying that he welcomed Bernie Sanders, who was “rehabilitating and normalising the term socialist back into American public life,” but he opposed attacks on Hillary Clinton that he felt spoke to “presumed motives” rather than “substance.” Bernie Sanders, he said, should “lead the left-wing” of the Democratic Party.

Perhaps unsurprisingly, class struggle is largely absent from The Wire; characters struggle individually, but there is no sign of concerted collectivity likely to emerge as a counterforce of significant consequence. In an interview with Matthew Iglesias, Simon said he identified with the social existentialism of Camus: to commit to a just cause against overwhelming odds is absurd, but not to commit is equally absurd. Only one choice, however, offers the slightest chance for dignity.

The Wire told a “darker, more honest story on American television… indifferent to the calculations of real estate speculators, civic boosters and politicians looking toward higher office.” Simon is “proud of making something that wasn’t supposed to exist.”

What Simon thinks of Marxism is one thing (and it is not always clear), but what Marxists think of him is another. The Wire is a Marxist’s idea of what TV drama should be. Its specific plots open into an analysis of the social-political-economic system shaping the whole. The series has demonstrated the potential of television narrative to dramatise the nature of the social order, a potential that TV drama has long neglected or inadequately pursued.

In probing the parameters of the intricate interactions between multiple individuals and institutions, the complex script, seen over all the seasons, excavates the underlying structures of power and stimulates engagement with overarching ideas. It bristles, even boils over, with systemic critique. While it offers no expectation of an alternative, it provokes reflection on the need for one, and an aspiration toward one. It may not have been written by Marxists to dramatise a Marxist worldview, but it is hard to see how a series written on this terrain by Marxists would be much different from The Wire.

Helena Sheehan is emeritus professor at Dublin City University. She is the author of Marxism and the Philosophy of Science and Navigating the Zeitgeist.

Sheamus Sweeney is a recovering academic who completed a PhD on the representation of Baltimore in the work of David Simon.

This article was first published on Jacobin. 

Featured image: HBO

Watch | ‘SC’s Intervention in Multi-Crore Drug Haul Case Gives Us Hope to Fight Menace in Manipur’

Imphal-based rights activist Babloo Loithongbam walks us through a murky drug haul case and the courts’ response to it.

Noted Imphal-based rights activist Babloo Loithongbam explains why he, along with three other petitioners, had to knock at the Supreme Court’s doors in a drug haul case involving a BJP leader of Manipur.

After several flip flops following his arrest in 2018, L. Zhou was exonerated by a special court and Manipur government refused to appeal against it in spite of civil society pleas to chief minister N.Biren Singh to pursue the case.

Loithongbam and fellow petitioners were thereafter told by Manipur high court that they couldn’t appeal against Zhou’s acquittal; only the state can.

On March 25, the SC sought a reply from the BJP government on its refusal to appeal against Zhou’s acquittal.

N. Biren Singh to Be Chief Minister of Manipur for Second Term

‘It is a good decision taken unanimously, which will ensure that Manipur has a stable and responsible government,’ Nirmala Sitharaman said, announcing BJP’s pick.

Imphal: Union finance minister Nirmala Sitharaman has announced that N. Biren Singh would remain the chief minister of Manipur for a second term.

Sitharaman, who has been sent to the northeastern state as central observer, said Singh was unanimously chosen by the BJP’s state legislature party as its leader.

The legislature party’s meeting and announcement follows 10 days of uncertainty since the assembly poll results were announced, with rivals Biren Singh and senior BJP MLA Th Biswajit Singh rushing to Delhi twice to meet central leaders in what was seen as part of a hectic lobbying exercise by competing camps, despite denials of differences.

“It is a good decision taken unanimously, which will ensure that Manipur has a stable and responsible government. The Centre, under the leadership of Prime Minister Narendra Modi, gives special attention to the northeastern states,” the finance minister said.

Also read: As BJP Mulls Manipur CM Pick, What Happened to The Cause That Brought Biren Singh to Power?

Sitharaman and Union law and justice minister Kiren Rijiju, who is the co-observer, arrived at Imphal earlier on Sunday to attend the meeting of the newly elected BJP MLAs in Manipur.

Union labour minister Bhupendra Yadav, Manipur’s titular king and BJP’s Rajya Sabha MP Leishemba Sanajaoba and party national spokesperson Sambit Patra also flew in for the crucial meet.

The BJP returned to power in Manipur by winning 32 seats in the 60-member House in the recent assembly elections.

In the 2017 polls, although the BJP had won only 21 seats, it managed to lure MLAs from the Congress, which clinched 28 seats, and Biren Singh was sworn in as the first-ever BJP chief minister in Manipur.

As BJP Mulls Manipur CM Pick, What Happened to The Cause That Brought Biren Singh to Power?

Before the 2017 polls, BJP under Biren Singh had taken up the drugs issue with gusto. Now, key accused in drugs cases have seen the BJP government visibly rally behind them.

New Delhi: With the Bharatiya Janata Party parliamentary board naming Nirmala Sitharaman and Kiren Rijiju as ‘co-observers’ for Manipur on March 14 evening, the party’s announcement procedure of the next chief minister for the north-eastern state has formally begun.

If we go by the incumbent chief minister N Biren Singh’s press statement on past March 11, the name of the new chief minister will be announced before March 19.

The one state leader who has come out strongest since the results to the assembly election was announced on March 10 is Singh himself. BJP – for the first time for this 60 member assembly – crossed the simple majority mark, winning 32 seats.

This victory comes in spite of Singh facing rebellion so vociferous within the party just last year that if the national leadership and the friendly state governor Najma Heptullah had not come to his aid, there may not even have been a BJP government in Manipur with Singh as chief minister at all.

Prior to the assembly polls, national party leader Amit Shah had said the elections in the state would be contested with Biren Singh as the leader.

On March 14 though, the party’s national leadership called both Biren Singh and rebel leader Th. Biswajit, along with state unit chief Sharda Devi to New Delhi for a closed-door discussion to finalise the chief minister’s name. Rijiju and Sitharaman will now fly to Imphal to execute the decision.

The indication seems to be that the matter of who should lead the party’s government this time around is not yet resolved.

A pointer to how thorny the issue is also the fact that only nine of the 32 newly elected BJP MLAs showed up at Biren’s residence on March 14 for a tea party that he had hosted in their honour. 

Still, going by several party insiders in New Delhi, BJP’s national leadership appears prepared to anoint, once more, the man of the moment – Biren Singh. 

However, what remains the thorn Singh’s side is his government’s blatant dillydally in backing the very public cause that had helped BJP grab the attention of common Manipuris as a serious alternative to Congress.

Singh had, in fact, become the face of the party’s campaign towards that public cause – the drug menace in the state eating into a considerable section of the younger generation of Manipuris. The public sentiment against illegal drug trade in the border state is deep and protracted. The BJP, by taking it up in the run-up to the 2017 polls, had, therefore, gained considerable public approval. 

Last week, a report by the Imphal-based news site The Frontier Manipur (TFM), took this issue straight to chief minister Biren Singh’s official chambers by publishing a photograph of him meeting an Australian medical doctor on September 17, 2019.

That meeting was two months before the doctor, Reza Borhani (50), was arrested by Mumbai Police after having been allegedly discovered with Rs 1.8 crore worth of LSD at a hotel. 

The site of Reza Borhani’s office in Guwahati.

Borhani is the founder of the company Cannabis Health and Science Private Limited, which runs from a flat in Guwahati. He has been out on bail since 2020, though the case is still on. According to his lawyer Pradeep Havnur, Borhani had been campaigning for medicinal use of cannabis and had been falsely implicated in the case. The next hearing of the case in Mumbai is on March 16. 

TFM reports that Borhani had sought from the Biren Singh government a permit or licence to legally “hold, transport and use” “the seeds, flowers and leaves of the cannabis plant from Manipur for the purpose of scientific research and testing in institutions, laboratories and hospitals within Manipur and in the states of Mizoram, Meghalaya, Assam, Karnataka, Orissa, Goa and Maharashtra” for his company.

The site published an application dated September 19, 2019, signed by Borhani and addressed to the Manipur horticulture minister, with a clear instruction from the chief minister in his own handwriting to “allow and issue permit for sampler” that day itself. The Wire had republished the story and can be read here.

Whether Borhani’s meeting with Biren Singh had anything to do with augmenting the drug menace in the state is not yet established but why that story had gained traction in the state and elsewhere is the growing public perception that the Biren Singh-led BJP government has been ‘soft pedalling’ the issue of drugs.

Before delving into it further, let’s look at how BJP – months before the 2017 assembly elections in what was a crucial image-building phase – was seen siding wholeheartedly with the public against the drug menace in the border state. Most Manipuris had been irked by the Okram Ibobi Singh government not taking any effective steps to curb it. 

On campaign mode, the state unit of the BJP had then taken its ‘war against drugs’ to Ibobi Singh’s home, by categorically pointing fingers at the Congress chief minister’s powerful nephew Okram Henry Singh, also a minister in his government. Henry was accused of having been involved in illegal drug trade. The ammunition for this came from a case involving seizure of a huge consignment of drugs at the Imphal airport, brought to the state via an Air Deccan flight on January 12, 2013. Henry was accused of having a hand in the import of that consignment. 

His uncle, the chief minister, announced a probe by a special team but had to ultimately hand it over to the Central Bureau of Investigation (CBI) under public pressure, fuelled largely by BJP and Rashtriya Swayamsevak Sangh workers on the ground.

CBI’s taking over of the case came at an opportune time for the BJP. The party could send to voters the message that Prime Minister Narendra Modi was walking the talk on the drug menace. That factor, added to Modi’s countrywide popularity, helped BJP catapult itself from being a nobody in the state to cornering 21 of the 60 seats in the 2017 polls. 

Taking the 2013 drug haul case forward, the CBI’s Kolkata unit, on May 22, 2017, filed a charge sheet in the case, naming Henry as an accused along with four others. 

On occupying the chief minister’s post, Biren Singh took the campaign a step forward by formally announcing his government’s ‘war on drugs’. Much to public approval, the Biren government set up a special Narcotic Drugs and Psychotropic Substances court to fast-track drug haul cases. Several successful operations were carried out by the Narcotics and Affairs of Border (NAB) Bureau thereafter. Its additional superintendent of police Th. Brinda, became a celebrity cop for such a drive within and outside Manipur.

Till of course, the NAB under her on June 20, 2018, caught in its net a local BJP leader widely seen close to the chief minister – Leitkhosei Zou.

Also read: Why Is the Manipur Chief Minister Angry With a State Super Cop?

As per news reports, Zou, then the chairman of the autonomous district council of Chandel, was caught in a midnight raid at his official residence with drugs worth Rs 27 crore. The charge sheet in the case was filed on December 15, 2018. Four days later, Zou was released on interim bail by the ND&PS court on health grounds. 

Drugs seized from Zou’s property. Photo: Twitter/@zoo_bear

Three weeks later, when he was summoned for appearance in the case following the end of his bail term, he was not to be found and declared an absconder. In February that year, he reappeared, claiming he was kidnapped by an armed group and taken to Myanmar. The special court sent him to judicial custody. But by May 21, 2019, he was once again released on bail on health grounds by the same ND&PS court even though he had once disappeared when granted bail on similar grounds. 

At the end of that bail period he was taken into judicial custody. It is noteworthy that the police officer leading the anti-drug initiative, Th. Brinda, had in an affidavit to the Manipur high court in July 2019, accused the chief minister of using the then BJP vice-president Asnikumar Moirangthem to convince her to not file the charge sheet in the case involving Zou. 

By December 17, 2019, Zou and 10 other co-accused were again out of jail – after the ND&PS court acquitted them stating that the prosecution had “totally failed to prove charges levelled against them”.  The court convicted two other persons in the case. 

Zou’s acquittal alarmed civil society. On December 22, 2019, over 1,000 people signed a letter to the chief minister as part of civil society organisation 3.5 Collective’s initiative. The civil society coalition hopes achieve the UN Sustainable Development Goal to strengthen the prevention and treatment of substance abuse.     

The letter stated that the conviction of the two persons in that case, one of them said to be employed as a driver of Zou then, was seen by the public in Manipur as “mere scapegoating to let go the big fish so that he can continue with his political career and illicit trade.” 

Importantly, the letter urged the BJP-led government to appeal in the high court against the ND&PS court’s verdict in the case. The appeal was also made to Modi and Union home minister Amit Shah. The Union government has been silent on the matter. 

In January 2021, a group of about 50 women led by All Manipur Women’s Social Reformation and Development Samaj, met the chief minister and also submitted a memorandum demanding a re-investigation into the case. The memorandum had said, “If the government is honest on its own slogan of ‘War on Drugs’, we see no reason it should hesitate to move the appeal in the high court.” 

On March 20, 2021, the Manipur high court – responding to a petition filed by the 3.5 Collective along with a set of individuals who are victims of substance abuse – directed the Biren government to file a counter affidavit within seven days. 

Manipur high court.

Speaking to The Wire, the convenor of the 3.5 Collective Babloo Loitongbam said, “It was strange that the Biren government gave the same argument as given by Zou in the special court to protect himself. It put all the blame on the driver and also stated that he was not present at the site and was wrongly identified.”

The well-known Imphal-based social activist said, “With the state government reluctant to challenge the special court order, we filed that appeal in the HC as victims are legally allowed to challenge such a verdict. The appellant number one had suffered personal loss and injury due to substance abuse during his prime. With much difficulty, he survived the ordeal and has recovered since. He now runs Users Society for Effective Response (USER) Manipur, a community organisation of victims of drug abuse in the state and also runs a rehab facility for drug users.”

The second appellant is an office bearer of Coalition Against Drugs and Alcohol (CADA), an NGO campaigning to save Manipuri youth from drug and alcohol abuse. “Aside from myself, the other appellant is a veteran social worker from the Kamjong district along the Indo-Myanmar border, one of the most affected areas of the drug menace. His own family members are victims,” he said.

All four appellants are members of the 3.5 Collective.

On May 2, 2020 though, the high court – going by the prosecution’s argument that they are not victims of substance abuse but a third party – dismissed the petition claiming that, “If the appeal is granted, it would be a dangerous doctrine and would cause utter confusion in the criminal justice system.”

It said, “Further, the petitioners have failed to produce any authoritative pronouncement of the highest court to show that they are entitled to seek special leave to appeal against acquittal judgment.” The court order said ultimately the state had to decide on the matter and the court could not force it to appeal against the special court’s acquittal order. 

The appellants, Loitongbam told this correspondent, thereafter petitioned the Supreme Court on the matter in October 2021. “However, the country’s highest court is yet to take cognisance of the important matter.” 

He said, “The biggest worry for those fighting for social justice today is the gradual capitulation of the institutions that the common people have entrusted their faith on. The SC is yet to take note of an important petition filed long before the assembly elections in Manipur. Look at the state’s poll results; there was a huge spurt in violence during the elections but nothing was done by the authorities. I would call the poll results delivered by Election Commission of India and not by common public.” 

Meanwhile, Okram Henry Singh, accused by the BJP of being involved in the state’s drug trade prior to the 2017 polls, was brought to the party by Biren Singh and national BJP leader Ram Madhav, in August 2020 to contest the 2022 elections under its symbol. 

Henry, who fought from Wangkhei constituency on BJP ticket, lost to Janata Dal (United) candidate Th. Arunkumar.

Victims at the Heart of International Criminal Justice

Despite challenges in the ICC’s implementation of all three facets of victims’ rights – protection, participation and reparations, it has significantly placed the victims at the core of justice dispensation.

This is the sixth in a series of articles on the International Criminal Court (ICC). The Rome Statute creating the ICC entered into force on July 1, 2002 and the court is now in its 20th year. To mark the occasion, The Wire is publishing a series of articles evaluating its performance over the past two decades. See also: Part 1 (Afghanistan)| Part 2 (Powerful states staying above the law)| Part 3 (Rohingya crisis)| Part 4 (Palestine)| Part 5 (Sexual and gender-based violence)

On 30 August 2021, London-based human rights lawyers, representing hundreds of victims of civil war in Yemen, submitted evidence of torture and killings of at least 140 victims, including children, to the ICC.  This is in order to initiate a formal investigation into the US-backed war crimes and crimes against humanity allegedly committed by Saudi Arabia. On August 12, 2021, Sudan signed an agreement with the International Criminal Court (ICC) to provide justice for victims of war crimes and crimes against humanity in Darfur. In another part of the world, lawyers representing families of victims have urged the ICC to pursue its investigation into the ‘war on drugs’ campaign in the Philippines, terming it as the last hope for justice.

Last month, families of victims reportedly called on the International Criminal Court (ICC) to prosecute Myanmar junta leaders for the killings, torture and illegal detention perpetrated on anti-coup protesters. Myanmar’s shadow National Unity Government (NUG) is reportedly gathering evidence of crimes perpetrated by the junta in at least 200 cases, to show the ICC the gravity and scale of the crimes committed.

These powerful narratives and demands for accountability bring the role of victims in International Criminal Justice into focus.

International standards on victims’ rights

Recognising the role and interests of victims is one of the most significant strides made by International Criminal Justice in the 21st century.  Criminal law has traditionally focused on investigation, prosecution, conviction and punishment of the accused. Into this, victims’ perspective was often considered a dilution of traditional criminal law, distraction, complication, molly-coddling, hindrance and an avoidable inconvenience.

To understand the importance of victims’ role and place, we would need to unpack why victims and survivors engage with the legal system in the first place – to know the fate of their loved ones; to narrate their experiences; to speak for the dead, the injured and the disappeared; and to demand justice and accountability.

Under international law, ‘victims’ have a very specific definition and a whole body of rights, as explained below. This is why the present article uses the term ‘victim’ rather than ‘survivor’ or ‘aggrieved person’. Victims are defined as persons who have suffered harm, individually or collectively, as a result of the commission of a crime.

The term ‘victim’ includes family members and dependents of the direct victim; a person would be considered ‘victim’ even if the perpetrator was not identified or prosecuted. ‘Harm’ includes physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights.

Victims’ rights were spelt out in several instruments of the United Nations. A significant one was the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power – referred to as the Victims’ Declaration (1985). This declaration laid down the definition of ‘victims of crime’ and spelt out their rights, such as access to justice and fair treatment, restitution (including return of property), compensation and assistance (social, legal and medical).

In 2005, the UN General Assembly adopted the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law – referred to as the Van Boven/Bassiouni Principles. This acts as an international Bill of rights for victims.

While the 1985 principles focused on crimes within domestic law, the 2005 principles focused on crimes in international law. Victims’ right to remedies, right to reparations for the harm suffered, the treatment of victims with respect and dignity, and a duty of states to investigate and prosecute crimes, form the core of the latter set of principles. As predecessors to the ICC Statute, these laid the foundation for the treatment of victims by International Criminal Justice system.

Also read: Disclosing the Identity of Rape Victim Remains a Grey Area in the Justice System

The Rome Statute’s expanded role for victims

During the Nuremberg and Tokyo tribunals held in the post-World War II context, or in the International Criminal Tribunal for former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) established in the 1990s, there was no explicit inclusion of victims’ rights in law or in practice; victims were not considered as having legitimate interests, and needing their own space and voices to be heard by the judges. As in many national legal systems, in these international tribunals too, victims’ role was often limited to being prosecution witnesses.

Seen in this light, the integration of victims’ rights within the Rome Statute of the ICC is nothing short of revolutionary. The International Criminal Court (ICC), established through the Rome Statute, is a judicial institution of a permanent nature that is capable of prosecuting individuals for war crimes, crimes against humanity, genocide and the crime of aggression. Given the impetus provided by the principles and standards on victims’ rights, the ICC Statute integrated an expanded role for victims, circumscribed by and balanced with rights of accused and the need for a fair and impartial trial.

In the ICC Statute, victims’ rights fall within three main categories: right to protection (from threat, intimidation, coercion and duress), participation (in the proceedings) and reparations (to repair the harm caused). Related rights include right to legal representation, and right to notification and publicity of proceedings which are pre-conditions for an effective participation.

Protection of victims and witnesses

Protection is an important aspect of victims’ rights in international criminal law. A strong legal regime of protection that is implemented rigorously will encourage more and more victims to come forward and engage with the legal proceedings, and testify to the serious crimes committed. Given the scale and gravity of the ICC crimes, victims are bound to be in large numbers in each case.

Since the ICC’s investigation includes the role of political, military and civilian leaders for serious crimes, the suspects have adequate clout to threaten, intimidate or coerce victims and other witnesses into silence. Thus, victim protection is crucial for the pursuit of justice in the ICC.

Protection of the victims and witnesses is a joint responsibility of all organs of the ICC. A Victims and Witnesses Unit (VWU) has been established within the ICC’s Registry as a specialised unit to address the issue of victims’ protection. It determines the nature of threat to the victims and implements protective measures accordingly. It coordinates with field-based personnel for providing protection to victims. A victim support programme addresses issues of psychological support, social, economic and legal assistance to victims.

Thus far, testimonies of victims and witnesses have formed the backbone of all ICC trials. Although elaborate mechanisms have been put in place to protect victims, challenges remain in the actual implementation. In the early years of the ICC’s functioning, controversies arose between the Office of the Prosecutor (OTP) and the VWU about responsibilities for protecting victims and witnesses. The differences and tensions between the two organs of the court surfaced during the trial of Thomas Lubanga who was accused of war crimes including the use of child soldiers in Democratic Republic of Congo (DRC).

Also read: Tarun Tejpal Judgment Underlines How Little the Judiciary Has Learnt on Sexual Violence

In this case, the OTP made a mass referral of 24 witnesses to the VWU for protection measures just before the trial commenced, which the trial chamber termed as “excessively late.”  This created a backlog of assessments within the VWU, and delayed other trials where too victims and witnesses needed protection.

The OTP also did “preventive relocation” of its witnesses on its own accord without involving the VWU which has the actual expertise in protection. This was due to a disagreement between the OTP and the International Criminal Court Protection Programme (ICCPP) about the involvement of the latter. Litigation over this disagreement led to considerable delays during hearings on confirmation of charges for Germain Katanga and Ngudjolo Chui.

While these instances may be brushed off as “teething problems” of a fledgling institution, the cracks in the ICC’s protection programme became evident when reports of rampant “witness interference” emerged.

Witness interference is an umbrella term that consists of attempts to scuttle processes of justice through threats and intimidations, reprisals resulting in grave injury or killing of the witness, tutoring/coaching, bribing and inducing a witness to give a favourable testimony, and disclosing and publicising the identity of protected witnesses.

The collapse of the case against Uhuru Kenyatta – the President of Kenya – at the ICC was largely attributed to his non-cooperation with the court and his witness interference. Kenyatta was summoned to appear in the ICC in 2011 and face serious charges of crimes against humanity, such as murder, forcible transfer of population, rape, persecution and other inhumane acts during the post-election violence in Kenya in 2007-08.

Kenya's President Uhuru Kenyatta flanked by his Deputy William Ruto addresses the nation at State House in Nairobi, Kenya. Credit: Reuters

Kenya’s President Uhuru Kenyatta flanked by his Deputy William Ruto addresses the nation at State House in Nairobi, Kenya. Credit: Reuters

In 2014, the ICC Prosecutor was forced to withdraw the serious charges against him due to a lack of evidence, after key prosecution witnesses withdrew their testimonies. Though the Prosecutor’s withdrawal did not foreclose the possibility of bringing charges against him once again, if other sufficient evidence surfaced, it caused a major embarrassment to the ICC as a whole, and the victim and witness protection programme in particular.

In 2016, the case against William Ruto, the deputy President and Joseph arap Sang, the radio broadcaster during post-poll violence from the same context was terminated after the trial chamber found the prosecution’s evidence against them weak. This was because  victims and witnesses who initially testified in court subsequently stopped cooperating with the Prosecutor due to threats, intimidation, bribery, inducement or fear of reprisals.

In October 2016, the case of Bemba et al from the situation in the Central African Republic was the first instance of the ICC handing over a conviction for witness interference. Jean Pierre Bemba and four of his associates were found guilty of a laundry list of crimes related to interfering with defence witnesses  furnishing them with testimonies in favour of Bemba, abusing ICC Detention Centre’s privileged phone line, using coded language in phone communications to camouflage the plan to bribe and tutor witnesses, distributing telephones to witnesses and transferring money to witnesses through third parties.

Bemba was sentenced to an additional year of imprisonment and a fine of €300,000 (over and above the punishment handed over for previous conviction for war crimes and crimes against humanity). What is shocking is the amount of witness interference they were able to indulge in, from the ICC’s Detention Centre right under the nose of the Victims and Witnesses Unit of the ICC!

It is not surprising that the OTP’s strategic plan for 2016-2018  stated that in “almost all cases of confirmation of charges and of trial, there has been an obstruction to justice, particularly witness tampering”. A briefing paper by the Open Society Justice Initiative on Witness Interference finds that there has been ‘witness interference’ in eight of the nine trials that were pending during the time of the study in 2016.  It further observed that patterns of witness interference at the ICC were not “spontaneous or opportunistic” but indicated “well-coordinated and broad network of perpetrators”.

The saga of witness interference at the ICC is far from over. Paul Gicheru, a Kenyan lawyer, surrendered to the ICC in November 2020 in response to an arrest warrant issued against him for witness interference in the Kenyan situation in 2013.  This was in relation to the ICC cases of Uhuru Kenyatta, William Ruto and Joseph Sang, which were terminated. Charges against Gicheru were confirmed by the ICC judges on July 15, 2021. The case is pending before the court. The ICC’s long arm of justice is at work, albeit slowly.

In a related move, last month, the current ICC Prosecutor, Karim Khan, was allowed by the pre-trial chamber of the ICC to recuse himself from the case as he had represented Ruto, the deputy President of Kenya, in the ICC case related to the 2007 post-election violence in Kenya.

Also read: Can Judges Dispense Gender Justice While Expressing Views That Go against It?

Victims’ participation in the ICC proceedings

Victims’ participation in the proceedings has been given utmost importance by the Rome Statute, in an attempt to make a paradigm shift from criminal proceedings in domestic law, and to recognise victims as important stakeholders in the criminal justice system. It is a unique feature of the Rome Statute, made possible through the concerted efforts of the global community, especially non-governmental organisations and various victims’ groups at the stage of formulating the legal framework for the ICC.

Within the legal framework, victims may make representations giving their views, concerns and expectations directly to the ICC judges. The Victims Participation and Reparations Section (VPRS) of the ICC Registry is mandated with the responsibility of facilitating this process. If a victim or a victim’s group lacks financial resources to engage the services of a legal representative, the Registry may provide financial assistance. Legal representation of victims and assistance to victims’ lawyers is facilitated through the Office of Public Counsel for Victims.  Victims’ participation in the proceedings is distinct from a victim’s role in testifying before the ICC as a witness.

The status of victims within various stages of the ICC proceedings remains ambiguous. However, by observing the practice at the ICC, one can deduce that victim participation is evident in stages including the following: when the Prosecutor requests the pre-trial chamber to authorise the commencement of investigation; when the court deals with challenges to ICC’s jurisdiction and the admissibility of a case; when hearing is held for confirming the charges of a suspect; when a suspect is arrested and produced before the ICC for trial; during trial; and in hearings for reparations.

As compared to national legal systems, including in India, where the victims are mostly kept in the dark about the status of the case and the Prosecutor’s arguments in court, as the Prosecutor has no obligation to inform them anything regarding the case, the ICC’s provisions are a giant leap towards a victim-centric criminal justice system.

A decision by the pre-trial chamber in Dominic Ongwen’s case dealing with crimes committed in Uganda, gives the victims a better legal position to exercise their right to participation. It affirmed the responsibility of the ICC Prosecutor to inform the victims or the VPU of a decision to commence an investigation; this would enable victims to make representations to the court in favour of or against, or share their concerns on the proposed investigation. The ICC has also stated that the participation rights will be available using two criteria – namely satisfying the definition of ‘victim’ [a person who has suffered harm due to the alleged commission of ICC crime(s)], and the applicant has a ‘personal interest’ in participating in the proceedings. The latter will be decided on a case to case basis.

Dominic Ongwen, a former senior rebel commander from the Lord’s Resistance Army in Uganda, stands in the courtroom of the International Criminal Court (ICC) during the confirmation of charges in The Hague, the Netherlands January 21, 2016. Credit: Reuters

Victims have participated in the proceedings at the stage that an accused is arrested and surrendered to the custody of the ICC, as was the case in Central African Republic, Kenya, Mali, the Democratic Republic of Congo and Uganda. For example, in the case against Uhuru Muigai Kenyatta (Kenyatta) for commission of crimes against humanity in Kenya in post-election violence in 2007-08, 725 victims had been authorised to participate in the proceedings.

In the case of Ali Muhammad Ali Abd-Al-Rahman, who was charged with war crimes and crimes against humanity in Darfur, Sudan, the judges allowed 151 victims to participate in the proceedings. In the case of Lubanga from Democratic Republic of Congo, 146 victims were allowed to participate in the trial, leading to his conviction in 2012.

In the Bangladesh/Myanmar situation, two victims’ groups played a key role in the the pre-trial chamber’s decision to authorise the commencement of an investigation – victims of massacre in the village of Tula Toli on August 30, 2017, and victims belonging to The Shanti Mohila (Peace Women). Similarly, when the Prosecutor requested the pre-trial chamber to authorise commencement of an investigation in Afghanistan, victim representations on behalf of a large number of victims were submitted in the chamber in January 2018, a majority of who were overwhelmingly in favour of ICC’s investigation.

Likewise, in the situations of Georgia and Cote D’Ivoire, victim participation was essential at the pre-trial chamber stage. In the situation of the Philippines, on August 27, 2021, the VPRS released a report based on the fifth victim consultation exercise. Based on 204 victims’ representations, the report concluded that families of victims who survived the drug war “overwhelmingly support” the Prosecutor’s request for a full investigation into the bloody anti-drug campaign by President Duterte. While the victims and the ICC prosecutor await the decision of the pre-trial chamber on sanctioning a formal investigation into the context, victims’ views, concerns and expectations, contained in the report, are likely to weigh in with the judges.

Award of reparations to victims

The ICC Statute provides for reparations to victims of ICC crimes, so that it would help repair the harm caused to the victim and restore their dignity. This is a shift away from retribution. Reparations include restitution (return to status quo ante), compensation and rehabilitation – which may be material in nature – as well as apology and guarantee of non-repetition, which are more intangible but have symbolic importance for victims.

The court may order reparations to be paid through the Trust Fund for Victims – a earmarked fund to which all state parties contribute – used for disbursing to victims. It implements reparation awards against convicted persons, and provides assistance to victims and their families in ICC situations.

Reparations were ordered in the historic case of Ahmad Al Faqi Al Mahdi (Al Mahdi) from Mali, who was convicted for the war crime of destroying historic monuments and buildings dedicated to religion in the city of Timbaktu. The trial chamber ordered reparations of €2.7 million in expenses for individual and collective reparations for the community of Timbuktu. Since Al Mahdi was found to be indigent (and hence unable to pay), a substantial part of the reparations was paid by the Trust Fund for Victims.

Additionally, in the case of Bosco Ntaganda, who was convicted of 18 counts of war crimes and crimes against humanity for crimes committed in Democratic Republic of Congo, the trial court delivered an order of reparations to victims on March 8, 2021. The ICC ordered reparations of $30,000,000; since Ntganda was found to be indigent (and hence unable to pay) the reparations, the Trust Fund for Victims was directed to compliment the reparation awards and further indulge in fund-raising for the same. The ICC issued an order for collective reparations, with individualised components. In Lubanga, the ICC ordered collective reparations of US $ 10,000,000 to the victims.

There are a number of challenges posed by the ICC’s power to award orders of reparation. For example, reparations are intrinsically linked to individual criminal responsibility, determined by the ICC through a conviction. In other words, reparations will be ordered only against convicted (and not acquitted) persons for the crimes they are convicted of.

For example, Lubanga was convicted for enlisting and conscripting child soldiers and using them in active hostilities as a war crime. He was acquitted of charges related to sexual and gender-based violence. Hence, the ICC’s appeals chamber decided that the victims of such forms of violence would be ineligible to receive reparations.

Similarly, Bemba was convicted of sexual and gender-based crimes by the trial chamber, but was acquitted of all charges by the appeals chamber. Thus, there were no court-ordered reparations in that case. The narrow focus of the court on convictions, though it may seem logical, has led victims to be confused and dissatisfied, as to why some victims are eligible for reparations and others are not.

The ICC can award reparations to individual victims as well as to a group or collectivity of victims. No clarity exists on factors that would determine either or both types of reparations.

In Lubanga, the trial chamber was more inclined to award collective (community-based) reparations, taking into consideration limited availability of funds, and the elaborate and time-consuming verification procedures that would be required for individual disbursements.  This was affirmed by the appeals chamber.

In Katanga, the ICC’s reparation order consisted of a symbolic compensation amount of $250 per victim along with collective reparations consisting of support for housing, livelihood, education and psychological support. In Al Mahdi, the reparation order consisted of an individual and a collective component. The collective component was to “repair” the loss of cultural heritage and destruction of humanity’s shared memory and collective consciousness; the individual component was directed at victims who faced economic loss, loss of livelihood, emotional distress and destruction of ancestors’ burial site during the attack on historic and religious buildings.

Al Mahdi also extended an apology that the trial chamber of the ICC termed as “genuine, categorical and empathetic”. The apology carries immense symbolic value to victims and is included within the broader understanding of reparations. To address the issue of victims’ dissatisfaction with his apology, the ICC chamber ordered the Registry to make an excerpt of the video of his apology, and post the same on ICC’s website with the corresponding transcript in primary languages used in Timbuktu.

Also read: India’s Sustained Benevolent Sexism Has Let Its Women Down

ICC’s treatment of victims and their rights

The ICC, through its legal framework and in its practice, has advanced the discourse on victims’ rights within the system of International Criminal Justice. Its work on issues of protection and participation of victims, and awards of reparations, are exemplary and set inspirational standards for domestic legal systems to follow suit. At the same time, challenges remain on all three facets of victims’ rights.

While the ICC was established to end impunity for the most serious crimes under international law, witness interference results in impunity prevailing over justice and accountability. Needless to say, this weakens the rule of law and adversely affects the credibility of the ICC.  Prosecution and conviction of suspects for witness interference, known in legal parlance as “Article 70 cases”, as done in the Bemba and Gicheru cases, is a resource and time-intensive procedure, but perhaps a necessary one for a deterrent effect in future cases. Strengthening protective measures is a simultaneous activity that is required.

Award of reparations to individuals and collectivities of victims must take into account their wishes and needs instead of being patronising and paternalistic. Victims’ expectations must be managed effectively so as not to disappoint or confuse them.

With a growing number of victims who wish to participate in the ICC proceedings, efforts are on to ensure that modalities are established for effective victim participation, without compromising on the efficiency of the proceedings and the rights of other stakeholders. For example, the right of the accused to fair trial includes the right to an expeditious hearing; victims’ participation may cause undue delay in the proceedings, especially when they are large in number.  This is a potential area of conflict that needs to be resolved. At the same time, it is important that victim participation is not reduced to tokenism – as a procedure that is mechanically tick-boxed or perceived as a waste of time and resources.

Despite these challenges, the ICC has undeniably affirmed victims’ agency and autonomy, and marked a distinct place for them at the heart of the International Criminal Justice system.

Dr. Saumya Uma was a co-founder of ICC-India: an anti-impunity campaign on the International Criminal Court and served as its national coordinator in the years 2000-2010. She is currently a professor of law at Jindal Global Law School, O.P. Jindal Global University, India and a Board member of Women’s Regional Network. The views expressed are her own. 

Why Is the Manipur Chief Minister Angry With a State Super Cop?

All you need to know about Thonaujam Brinda, the contempt of court case against her and the drug cases she’s been working on.

New Delhi:  A few weeks short of a year ago, on the occasion of Independence Day in 2019, Manipur chief minister N. Biren Singh honoured a team from the state police’s Narcotics and Affairs of Border (NAB) bureau for what was reported to be “the biggest ever drug bust” in the state’s history. For the first time, a clandestine drug lab was brought to light during a raid.

NAB Additional Superintendent of Police Thonaujam Brinda, a state police service officer of the 2012 batch, had led the operation along with fellow officials and the Thoubal district police.

A year before that, on the occasion of Independence Day 2018, Th. Brinda was awarded the state’s Police Medal for Gallantry in recognition of her continued effort against smuggling and sale of drugs in the border state – and was promoted as additional superintendent. She was also given the chief minister’s ‘Commendation Certificate’ in appreciation of her work.

That day in 2019, at his official bungalow, the chief minister also announced a financial award of Rs 10 lakh to the team for their exemplary work conducted in June that year, which had resulted in the seizure of drugs worth Rs 100 crore. The chief minister had told journalists that the operation was part of the ‘war against drugs’ taken up by the BJP-led coalition government.

The BJP, which had pocketed 21 seats for the first time in that state in the 2017 assembly polls, had made the Central Bureau of Investigation (CBI) naming Congress MLA and former chief minister Okram Ibobi Singh’s nephew O. Henry in a drug peddling case an election issue.

Much to public approval, the Biren government also set up a special court (Narcotic Drugs and Psychotropic Substances) to fast-track drug haul cases.

Cut to this week – July 14, 2020. The chief minister reportedly said he would take legal action against a woman police officer for accusing him of exerting pressure on her and the police to not file a chargesheet in a drug seizure case from 2018, and release from custody a drug lord touted to be Manipur’s biggest ever.

The officer is none other than the decorated Additional SP Th. Brinda.

What changed?

To seek an answer, one would have to refer to an affidavit filed by the firebrand officer at the Manipur high court on July 13 in a case of contempt of court charges against her. The charge was based on a Facebook post she uploaded against a judge in a drug seizure case involving the drug lord, Leitkhosei Zou. Leitkhosie, when nabbed, was a BJP member.

Before I go in to the details of both the cases, a short backgrounder on Th. Brinda would be helpful here.

The appointment of Brinda, even though she was selected for the Manipur Police Service in 2012, was kept on hold by the then Congress government. The ground was that she was the daughter-in-law of Raj Kumar Meghan, the former chairman of the armed group, the United National Liberation Front (UNLF).

A revered figure in Manipur, also referred to as Sanayaima (son of the soil), Meghan was by then (in 2010) arrested by the National Investigation Agency (NIA) on the charge of waging war against India and lodged at the Guwahati Central Jail facing trial. The fight against insurgent groups in Manipur by the state police and the armed forces included UNLF, considered the first separatist outfit in the state. Meghan is the great-grandson of Manipuri prince Tikendrajit Singh who led the army in the 1891 Anglo-Manipur War.

Also read: Manipur Delimitation Raises Old Concerns Around Power Sharing and BJP’s Agenda

The state government, however, did not give any official reason to Th. Brinda for the delay in her appointment. She soon filed a writ petition in the Manipur bench of the Gauhati high court. On the court’s intervention, the state government allowed her to join the state’s 9 IRB Mahila Battalion as an Assistant Commandant.

However, in 2016, she resigned from her post citing “personal” reasons. Speaking to The Wire then, she had said, “It was a foregone conclusion that was bound to come out sooner or later.” At a press meet in Imphal in March 2016, she also categorically stated, “I was always looked at with suspicion in the department since I am the daughter-in-law of R.K. Meghan.”

However, after the BJP-led coalition government was formed in 2017, Brinda was reinstated reportedly at the behest of New Delhi and assigned to tackle the state’s drug menace that has strong links to the state’s political economy.

The NAB’s successful operations against drug peddling in the state under her leadership have since helped Manipur shine in its fight against narcotics, including the Best Performance Officer Award by FICCI in New Delhi to Brinda – making her a super cop of sorts.

Several studies have been pointing out how the state’s youth, mainly teenagers, were falling victim to several drugs, making it an issue of public concern for some time now. Drug abuse has also been a prime cause for the spread of HIV/AIDS in the state. Naturally then, the NAB and the police officer’s work had public support.

Now to the contempt charge against the police officer.

Brinda had posted a comment on her personal Facebook account on May 23 following the release on bail the drug lord Letkhosei Zou. Significantly, when 51-year-old Letkhosei was arrested along with seven others on June 20, 2018 with drugs worth Rs 27 crore, following a midnight raid led by Brinda, he was also the chairman of the autonomous district council (ADC) of Chandel. Though elected on a Congress ticket in 2017, he had soon switched over to the BJP. The drug haul was from his official residence.

A charge sheet was filed against Letkhosei in the case on December 15, 2018. However, four days later, he was released on interim bail by the special court (ND & PS) on health grounds.

The BJP leader was reportedly complaining of gallbladder stones. Interestingly, after a check-up, the doctor concerned at the government-run Jawaharlal Nehru Institute of Medical Sciences (JNIMS) stated that the treatment could be done best outside the state. Then the chief medical officer of Sajiwa Jail where he was lodged, wrote to the concerned SP that he was being treated at the Catholic Medical Centre where he was advised to undergo surgery on December 21. On December 21, he was admitted to that hospital. However, a day later, that hospital referred him back to JNIMS.

JNIMS said that there was a long list of pending operations and Letkhosei could be given an appointment only in March-April, 2019. But he was allowed to stay on in the government hospital.

Interestingly, when Letkhosei was to appear before the court in the case on January 9, 2019, he was nowhere to be found. He was soon declared an absconder.

In February though, he reappeared and surrendered at the special court (ND & PS) hearing the case. He claimed that he was abducted by armed group KNA Eastern Zalengam (Burma) on January 5, 2019 and had since been detained in Myanmar. His home district, Chandel, borders Myanmar.

Justice A. Noutuneshwar Devi of the special court, on May 21, granted him bail again for three weeks on health grounds. Th. Brinda’s Facebook post was in response to that bail order as the then investigating officer in the case. She is presently Addl. SP (Headquarters).

The post, written in a mix of English and Meitelion, questioned the judge’s contention that “everyone is innocent until proven guilty” in Letkhosei’s case, stating, “He is presumed to be guilty consequent to recovery of contraband from him, and it is for the accused to establish his innocence unlike (in) the normal rule of criminal jurisprudence that an accused is presumed to be innocent unless proved guilty.”

“Just because you preside a court does not permit you to sacrilege it. F**k you.”

The Manipur high court took cognisance of it, leading to the contempt of court charge against her.

Meanwhile, Letkhosei appeared before the special court on June 13 at the end of his bail period and has been sent to judicial custody.

So why is the Manipur chief minister angry with the police officer?

This has to do with what Th. Brinda stated in her 16-page affidavit to the high court in the contempt case.

After the high court took cognisance of her social media post, she was summoned on June 10 and asked whether she had posted an offensive post on Facebook against the special judge and the judiciary, and also shown her “middle finger” to the special judge on May 21 during the bail hearing of the accused.

She admitted to the Facebook post but denied the other charges, upon which the court asked her to file an affidavit in her defence by July 17.

In her affidavit, filed on July 13 at the high court, Brinda not only argued why she made a comment on social media against the special judge but also gave the background to the case highlighting ‘pressure from the chief minister’ to not only stay away from filing the charge sheet in the case but also to release the alleged drug lord. She told the court the chief minister reached out to her through state “BJP vice president Asnikumar Moirangthem”.

In her affidavit, the police officer categorically stated that when she was about to enter Letkhosei’s official residence, she received a WhatsApp call from Asnikumar who asked her about “any developments in drug busting”.

“I told him I was in the middle of an operation and he made me speak to the Chief Minister over the phone. I briefed the CM that we are about to search the house of an ADC member as we suspected drugs were stashed in his quarters. The CM lauded (the effort) and told me to go ahead and arrest the ADC member if drugs were found in his quarter(s).”

Also read: At the Manipur Quarantine Centre I’m in, We Have to Arrange for Our Own Food, Bedding

However, she stated, “The following morning (June 20, 2018) past 7 a.m., Shri M. Asnikumar came to my residence at Yaishkul Janmasthan (in Imphal). Both my husband and I were in our bedroom. He was in a serious mood and we talked in my bedroom itself with my husband present.  He told me that the arrested ADC member was Chief Minister’s wife Olice’s right hand man in Chandel and that Olice was furious about the arrest.”

“He told me that CM had ordered that the arrested ADC Chairman be exchanged with his wife or son and to release him. I told him how can that be possible as the drugs were seized from him and not his wife or son. I told Asnikumar I cannot release the ADC Chairman and thereafter he left.”

However, she claimed in the affidavit, that he soon “came back” and told her that “Chief Minister and Olice were extremely furious on my refusal of their order and conveyed that CM ordered once again to let go the ADC Chairman. I told that I will not and let the investigation and court decides the culpability of the ADC Chairman”.

“There were 150 personnel present in the entire operation along with independent witnesses. I asked him what I will tell the whole team and the public how the arrested ADC Chairman vanished after the arrest.”

According to her affidavit, Asnikumar “came back for the third time and told me CM and Olice were adamant that I release the ADC Chairman under any condition. I said I do not need this job and I came back to this service at the request of New Delhi on the promise that I would be supported in the works I do and can leave the job anytime if I am not satisfied.” She admittedly suggested that the BJP leader advise the chief minister “about the danger” of involving himself “in a drug case of this magnitude”.

N. Biren Singh. Photo: PTI

Filing of the charge sheet

The police officer’s affidavit also cited a number of attempts to allegedly scuttle filing of the charge sheet in the case and submitting a copy of it to the special court. On December 14, 2018, she said she along with SP (NAB) met the state Director General of Police (DGP) who asked her about the status of the charge sheet in the case.  “I told him that it had reached the court. He told us, ‘The Honourable CM wants charge sheet removed from the court’. I told DG, ‘It is not possible as the charge sheet is already in the court.’”

“DG then ordered SP (NAB) and me to send the IO (investigating officer) of the case to the court and remove the charge sheet from the court.” She mentioned, “Later that evening, SP (NAB) came back to office and told me in my room that he just came back from meeting with the CM and the CM was infuriated that the charge sheet had still not been removed from court.”

“The following day (December 15, 2018), the then OC NAB, B. Rishikesh Sharma and IO reported to the SP (NAB) and me that one advocate Chandrajit Sharma and the then Imphal West SP Jogesh Chandra (IPS) came to the Lamphel Court and ordered them and special public prosecutor (SPP Jogeshchandra Haobijam) to hand over the charge sheet to them. They reported us that the SPP, IO and OC did not allow the removal of the charge sheet (from the court records).”

This bit was later corroborated in a letter written on January 1, 2019, by the special court judge Yumkham Rother to the DGP, according to the affidavit.

Interestingly, in that letter the judge reportedly said, “The obvious object of the request was to let the statutory 180 days under section 167 (2) CRPC lapse so that the accused person would be entitled to statutory bail.” By then, the special court had granted Letkhosei interim bail on health grounds and told him to appear on January 9, 2019.

Though the advocate denied he was Letkhosei’s lawyer, the vakalatnama that became public proved otherwise. In an article written last year, veteran journalist from the state, Laba Yambem wrote in The Statesman, “It is now alleged that the errand, which Chief Minister N Biren Singh had initially tasked Sharma with, was done after fully knowing that the latter was Zou’s lawyer and to put pressure on the officials concerned to stall the filing of the charge sheet….So, we have the case of a chief minister calling a lawyer to ask about the charge sheet being filed against the biggest drug lord of Manipur to have been  arrested till date.” As per the article, Sharma, who was also the president of All Manipur Bar Association, soon resigned from his post.

Soon after the news was reported in an Imphal-based daily, Brinda said in the affidavit that “Order had come from DG that NAB make a written public clarification that there was no pressure to remove the charge sheet. I told him how can that be possible as the pressure was very much there on both of us (meant the SP-NAB)… I told the SP that he can clarify but I will not. The same day SP (NAB) made a press release (saying) that there was no pressure from anyone to NAB to remove the charge sheet from the court (records).”

The affidavit also mentioned, “The following day CM called my SP, SPP (ND &PS), Lamphel Court and me to his bungalow in the morning. There he scolded me, ‘Is this why I gave you Gallantry Medal. There is something called official secrecy act also!’ CM gave a thorough scolding to us, especially directed to (at) the SPP and me. I still do not understand why we were reprimanded for dutifully discharging our lawful duty to this day”.

In the affidavit, the police officer also in her defence to the contempt of court case said that she firmly believed that her “honest expression” about her perception of bias “and disrespectful conduct of the individual in the guise of a judge who had intentionally sacrilege the sanctity of the court and the seat of justice cannot be regarded as contempt of court” but be “treated as an honest expression within the ambit of Article 19 (1)(a) of the Constitution of India.” She has, however, tendered an apology for using abusive language against the special judge in that post.

Meanwhile, on July 15, the state Congress unit, terming it a “serious matter” in a press conference in Imphal, demanded a CBI probe into the case on the charge made by the police officer on the chief minister.

It is to be highlighted here that Congress MLA O. Henry, whose alleged involvement in a drug peddling case was made a poll issue by the BJP in 2016, has reportedly cross-voted for the BJP candidate in the recent closely contested Rajya Sabha elections along with Rajkumar Imo Singh, a Congress MLA and son-in-law of the BJP chief minister.

Philippine Drug War Critics Hope UN Probe Can Dent Duterte’s Deadly Campaign

The UN Human Rights Council on Thursday approved a resolution to set up a investigation into the president’s bloody war on drugs.

Manila: When Jocelyn Marquez found her missing son, he was in a Manila morgue, his body riddled with bullet wounds.

John Ryan Marquez, 24, was shot dead at the weekend by Philippine police who said he was a drug dealer who pulled a gun on undercover officers posing as buyers.

Less than a year earlier, Marquez, a motorcycle taxi driver, had appeared on a controversial “watch list” of alleged drug users and reported to the authorities to seek rehabilitation.

His mother is struggling to accept the police version of events, but is too scared and too poor to challenge it.

Also read: Amnesty Calls for a UN Investigation Into Philippines Drug Killing

“We are so poor, sometimes we have nothing but cooking oil and soy sauce to eat with rice. How could he possible sell drugs?,” Marquez said, sitting beside her son’s coffin at his wake.

“I want to fight for him but I’m scared that whoever did this will come back for us.”

It’s a scenario that has played out thousands of times during President Rodrigo Duterte’s bloody war on drugs, so often that the UN Human Rights Council on Thursday approved a resolution to set up a investigation.

The resolution followed international lobbying by Filipino lawyers and activists, whose calls for accountability and police scrutiny have been largely ignored at home, attracting fierce resistance and vilification by Duterte and his die hard support base

Also read: UN to Probe Philippines Drug War Deaths

Rights groups have hailed the UN vote as a small but significant step towards accountability for what they say amount to crimes against humanity – systematic cover-ups, planted evidence and summary killings by police operating with impunity.

“At the very least, this creates new space to put pressure on. We hope this renewed scrutiny can focus some attention here so the perpetrators will think twice or three times before doing what they do,” Chito Gascon, chairman of the Philippine Commission on Human Rights, told Reuters.

“There’s now a platform for alternative voices… This puts the government on notice – the international community is watching.”

UN human rights chief Michelle Bachelet will report her findings to the council in June 2020.

Stop the killings

The investigation is being welcomed by victims, including Emily Soriano, whose 15-year-old son, Angelito, was among seven people killed in a house by masked men looking for a suspected drug dealer.

“I know this will not be quick and easy, but we are hoping that we can get justice over time,” said Soriano.

“For now, I just hope the killings will stop.”

Presidential spokesman Salvador Panelo lashed out over the decision to investigate, calling it “intrusive abuse” by the West.

He said Filipinos overwhelming backed Duterte and were “grossly and thoroughly insulted” by a resolution that was based on a distorted accounts of how his war on drugs was being fought.

The authorities deny that executions have taken place and say all 6,600 people killed by police were drug suspects who were all armed and had resisted arrest.

Relatives of John Ryan Marquez stay beside his coffin at his wake in Malabon City, Manila, Philippines, July 12, 2019. Photo: Reuters/Eloisa Lopez

Duterte has previously told police to kill “idiots” who refuse to go quietly, and in February warned his signature campaign could get even bloodier in the second half of his presidency.

Human rights groups say Duterte’s bellicose rhetoric has created an enabling environment for as many as 27,000 drug-related killings to take place during his presidency, and regard as suspicious a pattern of mysterious and largely unsolved murders of alleged users and peddlers. The authorities deny any involvement.

Among those deaths was Amelia Faustino, 43, shot dead in the street 10 days ago, a year after being released from a three-year prison sentence for drugs offences.

Her mother, Rosita, sitting next to her daughter’s casket at her wake, said she voted for Duterte and supported his governance.

“I don’t blame anyone but the man who killed my daughter,” she said.

Duterte has yet to say whether he would give approval for international investigators to operate in the Philippines.

His spokesman said such a probe would be humiliating for investigators and the 18 countries that backed the resolution, because they would find no evidence of atrocities.

Ronald dela Rosa, an outspoken senator and Duterte’s top commander in the bloodiest chapter of the war on drugs, said investigators were welcome because allegations of extrajudicial executions and state-backed killings were nonsense.

“You come here and cut my head off if this is state-sponsored,” he told reporters. “End of conversation.”

(Reuters)

UN to Probe Philippines Drug War Deaths

Activists say thousands are being killed as police terrorise poor communities, using the cursory drug “watch lists” to execute suspected users or dealers in the guise of sting operations.

Geneva: The UN Human Rights Council voted on Thursday to set up an investigation into mass killings during Philippine President Rodrigo Duterte’s so-called ‘war on drugs’, a step that activists said was long overdue.

Duterte’s government says police have killed about 6,600 people in shootouts with suspected drug dealers since he was elected in 2016 on a platform of crushing crime. Activists say the toll is at least 27,000.

The first-ever resolution on the Philippines, led by Iceland, was adopted by a vote of 18 countries in favour and 14 against, including China, with 15 abstentions, including Japan.

Also read: Indonesia: President Widodo Orders Officers to Shoot Drug Traffickers

“This is not just a step towards paying justice for the thousands of families of victims of extrajudicial killings in the Philippines, but it is also a message that we collectively send out to those who have praised President Duterte,” said Ellecer “Budit” Carlos of the Manila-based rights group iDefend.

“This war on drugs, as we have repeatedly said, it’s a sham war,” he told a news briefing in Geneva.

Jennelyn Olaires, 26, cradles the body of her partner, who was killed in a street by a vigilante group, according to police, in a spate of drug-related killings in Pasay city, Metro Manila, Philippines. Photo: Reuters

Philippine activists say tens of thousands are being killed as police terrorise poor communities, using the cursory drug “watch lists” to identify suspected users or dealers, and executing many in the guise of sting operations.

Police deny that, saying all their killings were in self-defence.

Also read: ‘Police Can Kill If People Resist Arrest’, Says Phillipines’s Duterte

Myca Ulpina, a three-year-old killed on June 29 near Manila, was among the latest and youngest known victims. Police say her father, Renato, had used his daughter as a human shield.

‘Maliciously Partisan’

Duterte’s spokesman, Salvador Panelo, questioned the validity of a resolution not backed by the majority of council members, saying Filipinos overwhelmingly backed the president’s unique leadership and approach.

“The resolution is grotesquely one-sided, outrageously narrow, and maliciously partisan,” Panelo said in a lengthy statement issued overnight.

“It reeks of nauseating politics completely devoid of respect for the sovereignty of our country, even as it is bereft of the gruesome realities of the drug menace.”

Activists and families of drug war victims display placards during a protest against the war on drugs by President Rodrigo Duterte in Quezon city, Metro Manila in the Philippines. Photo: Reuters/Eloisa Lopez

The delegation from the Philippines, which is among the council’s 47 members, had lobbied hard against the resolution, which asks national authorities to prevent extrajudicial killings and cooperate with UN human rights boss Michelle Bachelet, who is to report her findings in June 2020.

Philippines ambassador Evan Garcia said the Duterte administration was committed to upholding justice, adding, “We will not tolerate any form of disrespect or acts of bad faith. There will be consequences, far-reaching consequences.”

Also read: Sri Lanka Reinstates Death Penalty, HRW Terms It ‘Extremely Disturbing.’

Laila Matar of New York-based Human Rights Watch criticised his comments.

“It was quite clear that they threatened consequences for those who had supported the resolution, which in turn makes us concerned for the many human rights defenders, civil society activists and journalists on the ground,” she told the briefing.

Duterte, asked by reporters in Manila whether he would allow UN rights officials access to investigate, said, “Let them state their purpose, and I will review it.”

If Duterte permitted the investigation and it proceeded impartially, Panelo said, “We are certain its result will only lead to the humiliation of the investigators, as well as of Iceland and the seventeen other nations.”

(Reuters)

Sri Lanka Reinstates Death Penalty, HRW Terms It ‘Extremely Disturbing’

Sri Lankan President Maithripala Sirisena last week announced an end to a moratorium on the death penalty inspired by the Philippines’ murderous “drug war”

Sri Lanka has ended a moratorium on the death penalty and hired two hangmen to execute four persons convicted of drug offences. In an interview with DW, Human Rights Watch’s (HRW) Meenakshi Ganguly says the government’s move is regressive.

Sri Lankan President Maithripala Sirisena last week announced an end to a moratorium on the death penalty that has been in force in the South Asian country since 1976. The president also said he had signed the death warrants for four drug convicts and they would be executed soon.

Sirisena’s office has said the president wanted the hangings to send a powerful message to anyone engaged in the illegal drugs trade. Sri Lanka has been grappling with drug-related crimes for years and the country is believed to be a transit hub for drug peddlers.

Also read: Sri Lankan Finance Minister Protests Anti-Muslim Remarks of Top Buddhist Monk

The decision to reinstate capital punishment, however, has been criticised by human rights groups as well as the international community.

Sirisena said on Monday he had rejected a telephone appeal by UN secretary-general Antonio Guterres to reconsider his push to reintroduce the death penalty.

Sirisena also accused the European Union (EU) of interfering in the internal affairs of his country, saying that EU diplomats had threatened him with tariffs if Sri Lanka went ahead with the executions.

Sirisena’s decision to reinstate capital punishment has been slammed by the human rights groups. Credit: Reuters/Kirill Kudryavtsev

In a DW interview, Meenakshi Ganguly, South Asia director at HRW, said that the alleged deterrent effect of the death penalty has been repeatedly debunked.

What are your views on the Sri Lankan government’s move to end a moratorium on the death penalty?

Sri Lanka’s decision to issue death warrants is extremely disturbing. HRW opposes the death penalty because it is inherently cruel. Sri Lanka, with a 43-year de facto moratorium, was an example to others. It is unfortunate that even as many other nations are committing to abolish the practice, the Sri Lankan government has chosen to be regressive. We hope that the government will revoke the death warrants, reinstate the moratorium on capital punishment, and take steps to abolish it altogether.

Also read: Why Demands for the Death Penalty Are Unwarranted

Some say the decision to reinstate capital punishment after over 40 years of a moratorium was an electoral gambit, aimed at boosting Sirisena’s chances of reelection as president. What’s your take on this?

Apart from the fact that the death penalty is inhumane, it is also irreversible. To reinstate the practice, if motivated by a political calculus, is particularly irresponsible. President Sirisena renewed calls for the death penalty following a visit to the Philippines in January, during which he called President Rodrigo Duterte’s “war on drugs” an “example to the world.” A decision to restore the death penalty because he was inspired by the Philippines’ murderous “drug war” may be the worst possible justification and a violation of international law.

Ganguly: ‘Apart from the fact that the death penalty is inhumane, it is also irreversible’. Photo courtesy: Human Rights Watch

President Sirisena has signed death warrants for four drug offenders and says he wants the hangings to send a powerful message to anyone engaged in the illegal drugs trade. Is this the right way to go about tackling illegal drugs?

Where the death penalty is permitted, international human rights law limits the death penalty to “the most serious crimes,” typically crimes resulting in death or serious bodily harm. The UN Human Rights Committee and the special rapporteur on extrajudicial, summary or arbitrary executions have concluded that the death penalty for drug offences fails to meet the condition of “most serious crime.” In September 2015, the UN high commissioner for human rights reaffirmed that “persons convicted of drug-related offences … should not be subject to the death penalty.”

Also read: Review | History Flows for All: The War and its Aftermath in Sri Lanka

How do you think the death penalty will affect Sri Lanka’s relations with the international community?

The decision to reverse its moratorium on capital punishment will disappoint many of Sri Lanka’s friends in the international community. The United Nations General Assembly has continually called on countries to establish a moratorium on the death penalty, progressively restrict the practice, and reduce the offences for which it might be imposed – all with a view toward its eventual abolition.

Will diplomatic appeals help prevent executions in Sri Lanka?

We hope that the government will heed calls from human rights activists at home and abroad, as well as its friends in the international community.

What can human rights groups do to persuade the Sri Lankan government to change its course?

President Sirisena believes that his decision will be popular because he is acting against drug traffickers, but he needs to understand that the alleged deterrent effect of the death penalty has been repeatedly debunked. Instead Sri Lanka should take into account the UN Office on Drugs and Crime which has called for an end to the death penalty and specifically urged member countries to prohibit the use of the death penalty for drug-related offences while urging countries to take an overall “human rights-based approach to drug and crime control.”

This article was originally published on DW.