|
|
Dear Indian Ambassador
Public interest groups demand Warren Anderson's extradition
Note: This letter, written to
the Indian Ambassador in Washington D.C., has been endorsed by dozens of
Indian and other public interest groups, and is now being circulated by
email and regular mail.You may add your signature by signing the
form at the bottom of this page.
The Ambassador
The Indian Embassy
Washington, D.C.
December 7, 2001
Sub: Proposed move to drop plans for extradition of Warren Anderson,
fugitive from justice in the case on the Union Carbide disaster in Bhopal,
India
Respected Ambassador:
We, the undersigned, are seriously concerned that the Government of India,
acting on the advise extended by Attorney General of India, Soli Sorabjee,
may drop plans for extradition of Warren Anderson, the former Chairman of
Union Carbide Corporation, who is absconding from justice in the criminal
case arising from the December 1984 Union Carbide disaster in Bhopal, India.
We are informed that the charges may be dropped because of:
- Missing pieces of evidence that incriminates Warren Anderson for
his
role in the gas leak in Bhopal that has taken the lives of well over 20,000
people, and permanently maimed several hundred thousand others.
- The likely counterarguments that could be posted by the US
authorities
that extradition would not be possible on humanitarian grounds - Warren
Anderson is said to be close to 80 years of age.
We find that the opinion of the Attorney General of India is replete with
factual and legal inconsistencies. The Indo-American Treaty and other laws
dealing with extradition is absolutely clear that an American court need
not go into the merits of the prosecution in order to determine whether or
not to extradite an accused. It is very unfortunate that the Indian
government appears to be all set to define its policy in this regard based
on an opinion that is sheer speculation and rank conjecture by a private
American law firm.
Anderson is the principal accused in this case with eight other officials
and three corporations as co-accused. There is substantial evidence that
Anderson directed the cost cutting measures in the Bhopal plant leading to
the closure of some of the most vital safety systems in the plant and
drastic retrenchment of operators. Two years prior to the disaster,
Anderson, as Chairman of the Corporation, knew [or ought to have known]
that the official "safety survey team" had warned of a "higher potential
for a serious incident or more serious consequences if an incident should
occur" in the Union Carbide's Bhopal factory.
For his crimes of Bhopal, Indian courts have charged Anderson with culpable
homicide punishable by life imprisonment; causing grievous hurt punishable
by 10 years to life imprisonment; causing hurt punishable by 3 years
imprisonment and causing death and poisoning of animals, punishable by 5
years imprisonment. Ignoring the Indian judiciary, Warren Anderson
continues to abscond and ignore summons served by the Interpol. On March
27, 1992, the Chief Judicial Magistrate (CJM) of Bhopal ordered issue of
non-bailable arrest warrant against Anderson. Despite repeated directions
from the CJM for expediting his extradition, for the last nine years the
government of India has not taken any steps in this direction.
There is sufficient evidence to show that the double standards employed by
Union Carbide in India while Anderson was CEO-standards which resulted in
the gas disaster-constitute crimes against humanity in that they resulted
in the deaths of over 20,000 people and permanent health effects over a
population of half a million.
By dropping charges against Mr. Anderson, the Government of India, would
necessarily be admitting that it is powerless against the might of
corporations. Through this letter we urge the Indian government to
demonstrate that it continues to hold the interests of its people and its
land above commercial and political considerations. At a time when more and
more global corporations with track records not vastly different from Union
Carbide's are making their home in India, the trial and exemplary
punishment of Anderson is key to regulating individual roles in corporate
crime, and corporate crime itself.
Rather than drop the proceedings against Anderson, we strongly urge you to
prepare your case better and move rapidly to secure his extradition. In
this effort, you will have our wholehearted support.
Dear Reader: you may add your name to the list of signatories of
this letter, by filling out the form below.
|
