Sikh man deported to Afghanistan returned to UK

July 6, 2012 by Emma Graham-Harrison in Kabul | guardian.co.uk Source: www.guardian.co.uk

Baljit Singh was jailed in Kabul, accused of falsely claiming to be Afghan, and says he was tricked into converting to Islam

AfghanSikh (130K)

A Sikh man who was jailed in Kabul for "falsely claiming" to be an Afghan when he was deported from the UK, and says he was bullied and tricked into making a televised conversion to Islam, has been flown back to Birmingham by the British government.

The case of 23 year-old Baljit Singh highlights concerns about the justice system and the status of religious minorities in Afghanistan as the withdrawal of western troops gathers pace.

Singh was deported from the UK nearly two years ago and was spotted by Afghan government officials as soon as he stepped off the chartered aeroplane that carried the failed asylum seekers, marked out by his distinctive Sikh turban.

He was taken aside for questioning and then was put in prison for 18 months during which he never received a charge sheet, let alone a conviction. Prosecutors told him informally that his crime was falsely claiming to be Afghan.

"The only thing in his file was a note saying 'this is the day he was arrested'," said Kimberley Motley, a Kabul-based lawyer who took on his case pro bono and helped secure his release and his return to Britain.

"I wrote to the attorney general's office saying he is being held without charge, which is illegal. You can't just keep him indeterminately locked up for no reason."

But although illegal, his fate was not unusual in Afghanistan, activists say. The country is still struggling to build up its justice system and hundreds of people are jailed without a valid criminal charge.

"There are lots of people in prison in Afghanistan without legal cause, some of whom have completed their prison sentences but not been released, others charged for things that are not a crime under the penal code," said Heather Barr, Afghanistan researcher for Human Rights Watch.

"His case is unusual, but unfortunately the pattern of being put in prison without anyone finding a section of the law that you violated is not that unusual."

As well as the prospect of an indefinite spell in prison, in a country he had left when only five years old and where he no longer had friends or close relatives, Singh said he was being harassed for his religion and pressured to convert.

He was verbally and physically abused in prison. One inmate threw boiling water over him, Singh said, pulling out a picture of his bandaged face shortly after the assault.

He was also ordered to sleep in a corner of an outdoor courtyard, next to the toilet, he said. Men had to step over him on their way to relieve themselves, and as they did so, some kicked the turban that marked him out as a Sikh.

"Basically they were trying to say 'be like us'," he said of the beatings prior to his conversion, which he described as a superficial change he was tricked and harassed into.

"They said 'you should say these words', it was just an accident thing, and they lifted me up and said 'you are a Muslim'."

TV cameras were called in to record the moment and despite promises his face would be obscured, it was broadcast along with his name. "They played it on national television. They were very proud that a Sikh converted."

Singh said the conversion angered the country's already beleaguered Sikh community, which has dwindled from thousands of families to just a few hundred over 30 years of war and persecution.

"It makes me very sad, now we Sikhs only own four houses round here, most people have sold up," said Narander Singh, a fortune teller and herbalist who took his own family to India over a decade ago but could not find work so returned to Kabul to support them from a distance.

Many other men were in a similar situation, he said, with Afghan objections to the Sikh tradition of burning their dead a particular irritant. "Day by day, they are trying to leave," added Singh, who is not related to Baljit.

Baljit, who never lived in Kabul, was part of the wider exodus. He was born in the eastern town of Jalalabad. His father died when he was young and the rest of the family left Afghanistan soon after.

He was separated from his family during a journey through Pakistan, the Middle East and Europe, and ended up in England in 2007.

His first request for asylum was refused, but he remained in the UK pending an appeal, until he was abruptly arrested when he tried to register for marriage in 2010. Shortly afterwards, he was deported following what both he and Motley describe as mistakes by careless lawyers.

"It's extremely difficult to get asylum in the UK, especially if you are not physically in the country," said Motley.

"I think by them taking him back to the UK it is a recognition that there was a legal error that took place and that they are trying to correct."

Barr said the UK government's decision to deport a Sikh to Afghanistan was "shocking" given the country's limited religious freedom.

"Religious minorities are a very small portion of the population in Afghanistan, and are sometimes tolerated and sometimes not tolerated. So for the UK to send him back in the first place without carefully considering the situation of Sikhs in Afghanistan and the treatment that would await him is shocking," she said.

Singh told the Guardian by phone from Birmingham, where he is now seeking asylum, that being there felt "unbelievable". He had asked that his case not be publicised until he was back on British soil, because of worries it could complicate his departure.

"I never thought I would see the UK again … So many people are still stuck in jail [in Afghanistan]. I am so lucky," he added.

The British embassy declined to comment on the details of Singh's case, but suggested that it was convinced he is Afghan, and he was returned to the UK only because that could not be proved.

"Individuals are only returned to a country when there is substantial evidence that it is their country of origin," an embassy spokeswoman said.

"We have agreements in place with certain countries that mean we will re-admit individuals unable to prove their nationality to the satisfaction of the receiving country's authorities."

The Afghan justice ministry said it was not aware of the case, and the attorney general's office did not respond to requests for comment.

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Related story:

Sikh’s detention reveals flaws in Afghan justice, nation’s religious intolerance
By Ernesto Londoño
Source

Baljit (98K)KABUL — Among the throngs of inmates in downtown Kabul’s prison trying to prove they are not thieves or insurgents is a soft-spoken Sikh man with piercing black eyes. He is being held on a highly unusual charge: falsely claiming Afghan citizenship.

Baljit Singh, 23, says he was born in Afghanistan but that his family fled religious persecution when he was 5. He returned to his native country on July 6, 2010, aboard a British chartered plane transporting Afghan deportees, and he has been locked up ever since by authorities who say he isn’t Afghan.

Singh’s ordeal offers a disturbing glimpse into the type of religious intolerance that has made Afghan Sikhs a vanishing segment of society. His case also casts a condemning light on a justice system that could take on significantly more responsibility as the United States transitions authority in Afghanistan to the government of President Hamid Karzai.

(Update: Afghan man, detained for being Sikh, is released from prison)

Promoting religious tolerance was one of the goals that the United States and its allies set in Afghanistan after the Taliban government was toppled a decade ago. But religious minorities, who make up about 1 percent of the population, are still routinely ostracized here.

“I’ll go anywhere,” Singh said in a recent interview at the crammed Kabul detention center. “Just not this country, where they can put innocent people in prison for a year and a half.”

Sikhs, who follow a monotheistic religion founded in the 15th century, once constituted a large, prosperous part of Afghan society. In recent decades, as the country has become more religiously conservative, they have been harassed and disparaged as statue-worshipping infidels. They have moved en masse to India and other countries, and community leaders say there are now no more than a few hundred or at best a few thousand Sikhs left in Afghanistan.

Life for Sikhs there has become especially hard in recent years, according to community leader Awtar Singh, a former lawmaker. Thousands had their property stolen during the civil wars of the 1990s. Job prospects are bleak outside of Sikh enclaves. And the government refuses to let Sikhs open cremation facilities, barring them from following an important religious tradition.

“The living conditions are getting hard for Hindus and Sikhs in Afghanistan,” said Awtar Singh, who is not related to the detainee. “The remaining people who can afford to do so want to go to India.”

A family in exile

Amid ferocious battles among various Afghan militant factions in the mid-1990s, Singh’s mother and stepfather left their home in Jalalabad, in eastern Afghanistan, and moved to Pakistan. The family spent the first few years of exile in Pakistan, Bahrain and Egypt, he said.

When Singh was in his late teens, they were smuggled into Austria, where the family applied for asylum. Feeling restless because the claim was taking a long time to handle, Singh said he traveled to Britain, hoping that the asylum process there would be easier and quicker. He turned himself over to immigration officials hours after entering the country in January 2007, he said.

During the three years Singh spent in Britain waiting for his case to be processed, he worked menial jobs and became engaged to a British woman. He said lawyers who handled his asylum case made procedural mistakes that led to his deportation. A letter from the U.K. Border Agency informing Singh of his impending removal says his case was turned down because evidence supporting the claim had been submitted in a form that “did not comply with the instructions.”

When Singh arrived in Afghanistan in July 2010, along with dozens of other deportees, Afghan authorities took notice of the type of turban he was wearing — which is different from the ones worn by Afghan Muslims — and took him into custody. The other men were released.

Rahmatullah Nazari, a deputy attorney general, said investigators detained Singh because they were not convinced that he was Afghan.

“When people go overseas to get asylum, they are told to say they are Afghan just so they can get asylum quickly,” Nazari said in an interview. “We weren’t able to find anyone here who knows him.”

Nazari said the government plans to keep Singh in custody until the British government takes him back or another nation certifies that he is its citizen.

A spokesman for the British Embassy in Kabul said the government does not generally discuss specific cases, but he suggested that British officials do not doubt Singh is Afghan.

“Individuals are only returned to a country when there is substantial evidence that it is their country of origin,” the spokesman said in an e-mailed statement. “If it subsequently becomes apparent that it is not, we are committed to returning them to the U.K. or their correct country of origin.”

‘They started beating me up’

Kimberley Motley, an American lawyer who represents Singh, said the British government failed to get him an Afghan passport or other travel document that ascertained his nationality, as is customary in deportation cases.

Singh said he was mistreated almost immediately after his arrival in Afghanistan. One day, fellow inmates forcibly removed his turban and demanded that he convert to Islam by uttering a few phrases. Singh said he appealed to prison guards for help.

“They started beating me up,” he recalled in an interview. “I was so shocked. They were supposed to be protecting me, but instead they beat me.”

Under duress, Singh said, he nominally converted to Islam, which prompted fellow inmates to hoist him on their shoulders and parade him around the facility.

Nazari, the deputy attorney general, said he had seen no evidence to substantiate Singh’s allegations of mistreatment. He said non-Muslims in Afghan custody routinely convert to Islam, hoping to get leniency.

“These foreigners think if they convert to Islam, they will be forgiven,” he said.

Motley, the lawyer, said Singh’s best shot at freedom is finding a country that will accept him as a refugee, although so far none has stepped forward.

“Unless he has a plane ticket and someone willing to help him, the Afghans have made it clear they are not going to let him go,” Motley said.

Special correspondent Sayed Salahuddin contributed to this report.

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