Identifier
Created
Classification
Origin
06NEWDELHI4406
2006-06-22 12:35:00
CONFIDENTIAL//NOFORN
Embassy New Delhi
Cable title:  

BARAPIND SATISFIED WITH HIS CONDITIONS

Tags:  PHUM CJAN PTER PREL KCRM PGOV IN 
pdf how-to read a cable
VZCZCXRO8074
OO RUEHBI RUEHCI RUEHLH RUEHPW
DE RUEHNE #4406/01 1731235
ZNY CCCCC ZZH
O 221235Z JUN 06 ZDK
FM AMEMBASSY NEW DELHI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5614
INFO RUEHBJ/AMEMBASSY BEIJING 2617
RUEHLM/AMEMBASSY COLOMBO 5933
RUEHKA/AMEMBASSY DHAKA 5942
RUEHIL/AMEMBASSY ISLAMABAD 8961
RUEHKT/AMEMBASSY KATHMANDU 6621
RUEHMO/AMEMBASSY MOSCOW 8950
RUEHKO/AMEMBASSY TOKYO 3493
RUEHCI/AMCONSUL CALCUTTA 4834
RUEHCG/AMCONSUL CHENNAI 4793
RUEHKP/AMCONSUL KARACHI 4430
RUEHLH/AMCONSUL LAHORE 2761
RUEHBI/AMCONSUL MUMBAI 4032
RUEHPW/AMCONSUL PESHAWAR 3412
RHEHNSC/NSC WASHDC
RUEIDN/DNI WASHINGTON DC
RHHMUNA/CDR USPACOM HONOLULU HI
RUCNDT/USMISSION USUN NEW YORK 1295
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RUEHGV/USMISSION GENEVA 3589
RHHMUNA/HQ USPACOM HONOLULU HI
RHMFISS/HQ USSOCOM MACDILL AFB FL
RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 NEW DELHI 004406 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 05/19/2016
TAGS: PHUM CJAN PTER PREL KCRM PGOV IN
SUBJECT: BARAPIND SATISFIED WITH HIS CONDITIONS

REF: A. NEW DELHI 4334

B. NEW DELHI 04283

C. STATE 33728

D. NEW DELHI 994

E. STATE 6905

F. 05 NEW DELHI 9513

G. 12/01/05 POMPER EMAIL TO POST ATTACHING CAT
SUBMISSION

H. 05 NEW DELHI 4449

Classified By: A/PolCouns Atul Keshap for reasons 1.4 (B,D)

C O N F I D E N T I A L SECTION 01 OF 03 NEW DELHI 004406

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 05/19/2016
TAGS: PHUM CJAN PTER PREL KCRM PGOV IN
SUBJECT: BARAPIND SATISFIED WITH HIS CONDITIONS

REF: A. NEW DELHI 4334

B. NEW DELHI 04283

C. STATE 33728

D. NEW DELHI 994

E. STATE 6905

F. 05 NEW DELHI 9513

G. 12/01/05 POMPER EMAIL TO POST ATTACHING CAT
SUBMISSION

H. 05 NEW DELHI 4449

Classified By: A/PolCouns Atul Keshap for reasons 1.4 (B,D)


1. (U) This is an action request for DRL. Please see
paragraph 8.


2. (C) Summary: Extradited terrorism suspect Kulbir Singh
Barapind told PolOff and PolFSN that he has not been
mistreated by the Punjab Police and is fully satisfied with
the medical care the Punjab authorities are providing. He
claimed that the reason he did not have his medication was
that the US Marshal Service did not allow him to carry blood
pressure medication with him on the 14-hour flight. Barapind
indicated the only complaint he has is that immigration
authorities, along with members of the Intelligence Bureau,
questioned him for 13 hours at the airport. Punjab Police
indicated that Barapind would be held in police custody at
the Phillaur Police Station until his court date on June 24,
and then likely be place in judicial remand. Punjab Police
had a copy of the extradition agreement and told us they were
aware that Barapind could only be tried on the three counts
noted in the document. The Indian Express reported on June
22 that witnesses had not come forward in two of the three
cases for which Barapind was extradited, and that this would
hamper the prosecution's efforts. Barapind met with his
Indian legal team for the first time on June 21. Barapind's
lawyers and brother thanked the Embassy for the USG's
continued interest in the case, claiming that he "would be
definitely be tortured" without monitoring by the
international community. PolOff told Punjab Police that the
USG would actively monitor Barapind's incarceration and that
the likelihood of future extraditions from the US to India

would be strengthened if Barapind continued to be treated in
accordance with protections in the Indian Constitution. End
Summary.

Barapind Treated Well by Punjab Police
--------------


3. (C) Asserting USG rights under the terms of the
extradition agreement, PolOff and PolFSN traveled seven hours
each way by car to meet Barapind at the Phillaur Police
Stating in central Punjab. Barapind thanked PolOff and
PolFSN for checking in on him, and stated that he was being
treated well by the Punjab Police. He reported that he was
happy with the medical care he received, has received the
needed medication, and that he was being visited by a
state-provided doctor every day. Phillaur Police Station
Commander Jaskranjit Singh noted that a doctor would examine
Barapind each day that he was in Police Custody and provide
the needed medication. (Note: Barapind told us that he has
high blood pressure and needs medication to treat the
condition. He stated that he does not/not have diabetes, as
previously reported by Barapind's lawyer in California. End
Note.) When asked why he did not have his medication at the
airport on June 18, Barapind claimed that the US Marshal
Service did not allow him to carry the medication with him on
the 14-hour nonstop flight.


NEW DELHI 00004406 002 OF 003


13 Hours of Questioning by Immigration
--------------


4. (C) Barapind stated that the 13 hours of questioning by
immigration officials and members of the Intelligence Bureau
when he arrived at the Airport in New Delhi was excessive and
tiring. He told us that the immigration officials repeatedly
woke him up to answer questions, mostly about how he exited
India and entered the U.S. He noted that the Intelligence
Bureau questioned him as to where he traveled while in the
U.S. Punjab Assistant Inspector General of Police (Crime)
Mansingh, who met Barapind at the airport and was charged
with transporting him to Phillaur, noted that he complained
to the airport authorities regarding Barapind's extended
questioning. (Note: Mansingh provided us a copy of the
complaint form Punjab Police filed with Immigration. End
Note.)

Punjab Police Aware of Legal Constraints
--------------


5. (C) Senior Superintendent of Police (Jalandhar District)
Ishwar Singh showed us a copy of the extradition agreement,
and noted that he was aware Barapind could only be charged
under the three counts listed in the document. Singh told us
that Barapind was currently being held on only one of the
charges, contrary to Indian media reports that stated he was
facing 20 counts. He noted that Barapind was scheduled to
appear in court on June 24 and would likely be transferred to
judicial custody after the hearing. The Indian Express
reported on June 22 that its "sources" stated that no
witnesses had come forward in two of the three cases for
which Barapind was extradited, and that this would hamper the
prosecution's efforts.

Barapind Now in Contact With His Legal Team
--------------


6. (SBU) Barapind met with his Indian legal team (Darshan
Singh Dyal and Kashmir Mali) for the first time on June 21.
Dyal complained that Barapind was taken to court early in the
morning on June 20, and that the family was not informed. He
noted that only a state appointed lawyer, Mandeep Sharma, was
present for the initial court appearance. When asked if the
initial lack of access would be a detriment to Barapind's
case, Dyal stated that it would not, but it was irregular.
Barapind's lawyers and brother thanked the Embassy for the
USG's continued interest in the case, claiming that he "would
be definitely be tortured" without monitoring by the
international community.

USG To Continue Monitoring Barapind
--------------


7. (SBU) PolOff told Punjab Police that the USG would
actively monitor Barapind's incarceration and that the
likelihood of future extraditions from the US to India would
be strengthened if Barapind continued to be treated in
accordance with the Indian Constitution. Senior
Superintendent of Police (Jalandhar District) Singh commented
that Barapind's case was important and that the Punjab Police
would not do anything that would jeopardize future
extraditions.

Action Request for DRL
--------------


8. (U) Post tapped into its depleted travel budget to send

NEW DELHI 00004406 003 OF 003


two officers to verify Barapind's conditions. This trip
consumed six work days (two each for the political staff and
two for the driver) and costs totaling approximately USD 600.
We request a fund cite for this and any such future
verification visits.


9. (U) Visit New Delhi's Classified Website:
(http://www.state.sgov.gov/p/sa/newdelhi/)
MULFORD