Faced with criticism from UN, government says Stan Swamy was treated “strictly according to the law”

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New Delhi: Following growing criticism from abroad over the death of jailed human rights defender Father Stan Swamy, the Foreign Ministry on Tuesday defended that the treatment inflicted by Indian authorities was strictly in accordance with the law.

The Office of the United Nations High Commissioner for Human Rights said on Tuesday it was troubled by the July 5 death of Swamy, 84, who it said had been in pre-trial detention without bail since his arrest.

In a statement, MEA spokesman Arindam Bagchi said on Tuesday evening that Swamy had been arrested in accordance with due process under the law.

Due to the specific nature of the charges against him, his bail requests were dismissed by the courts. The Indian authorities act against violations of the law and not against the legitimate exercise of rights. All of these actions are strictly in accordance with the law, he said.

OHCHR had mentioned that Swamy had been indicted under the Illegal Activities (Prevention) Act (UAPA) for terrorism-related offenses in connection with protests dating back to 2018.

Emphasizing the overwhelming deterioration of Swamy’s health in prison, where he also contracted COVID-19, the United Nations body reiterated its call, once again, to the Indian government to ensure that no one is detained for having exercised their fundamental rights to freedom of expression, peaceful assembly and association.

The MEA said that due to Swamy’s poor health, the Bombay High Court authorized his medical treatment at a private hospital where he had been receiving all possible medical treatment since May 28.

Also read: ‘Ask Your Government to Act’: Opposition Leaders Write to President on Father Stan Swamy’s Death

Swamy’s lawyers had petitioned authorities claiming that Swamy, who tested positive for COVID-19, was denied medical facilities in prison.

Also suffering from Parkinson’s disease, Swamy found it difficult to sip water from a glass, but was initially denied a sip in prison and had to go to court about it.

The activist had also informed the High Court that his mental and physical health had regularly deteriorated in prison.

As The Wire reports, Taloja Central Prison failed to provide adequate medical treatment for Swamy, and his health had deteriorated significantly by the time he was transferred to a hospital.

His state of health and medical treatment were closely monitored by the courts. He died on July 5 from medical complications, Bagchi said.

The MEA spokesperson also asserted that India’s democratic and constitutional regime is complemented by an independent judiciary, an array of national and state human rights commissions that monitor violations, free media and a dynamic and active civil society.

India remains committed to the promotion and protection of the human rights of all of its citizens, Bagchi concluded.

In addition to OHCHR, Mary Lawlor, the UN Special Rapporteur on human rights defenders, also tweeted about Swamy’s death, calling the news devastating.

Also Read: Stan Swamy’s Death Shows India’s Complex Legal Structure Does Not Protect Individual Freedom

The European Union’s special representative for human rights, Eamon Gilmore, also noted that the EU has raised the matter on several occasions.

German Commissioner for Human Rights Policy and Humanitarian Aid Brbel Kofler also said she was deeply saddened by Swamy’s death. I met him during my travels in India in 2018, his fight for Adivasis, marginalized groups and against poverty inspired me a lot and was a comfort to many, she tweeted.

Kofler had also previously called for Swamy’s release on humanitarian grounds. It’s hard to understand why, at over 84 and with serious health issues, he had to spend the last nine months of his life in prison, she writes.

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