Mumbai: Human Rights Watch says that India could be in breach of international law if the surviving Mumbai attacker is refused legal representation, amid strong public calls for harsh retribution.
Rights groups say that if no lawyer comes forward, Kasab – who faces a potential death sentence if convicted – will be denied a fair trial, putting the world’s biggest democracy in breach of domestic and international law.
“Everybody has a right to be represented” during questioning and at trial, said Meenakshi Ganguly, from Human Rights Watch in Mumbai.
“The presumption of innocence and the right to representation is the most basic of human rights,” she said. The 1948 Universal Declaration of Human Rights, which India ratified, enshrines the presumption of innocence until proven guilty in a court of law at which the defendant “has had all the guarantees necessary for his defence.”
India’s own constitution also provides for the right to legal aid and representation, as well as a “fair, just and equitable procedure” in court for any defendant, regardless of whether they are a foreign national. Src:AFP