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Extradite the Butcher of Bhopal!

International Campaign for Justice in Bhopal
February 18th, 2003

Tell the Government to extradite Warren Anderson -- the Butcher of Bhopal. Justice for Bhopal Now!

Call, write, email or fax the Ministry of External Affairs in India.

Mr. Yashwant Sinha, External Affairs Minister: Tel: +91 11 23011127
Mr. JC Sharma, Secretary of External Affairs: Email: jcsharma@nic.in
Mr. B A Roy, Joint Secretary of External Affairs. Tel: +91 11 23387104
Ministry Of External Affairs. Fax: +91 11 23782821

WHAT TO SAY

Demand that they serve Warren Anderson's extradition papers to the United States government so that, as ordered by the Indian courts, he comes to face trial in India.

WHAT TO SAY

Demand that they serve Warren Anderson's extradition papers to the United States government so that, as ordered by the Indian courts, he comes to face trial in India.

WHY

In December 2002, the Central Bureau of Investigation (CBI) handed over Warren Anderson's extradition papers to the Ministry of External Affairs (MEA). The MEA, which was supposed to serve the papers to Anderson through the United States government, is dragging its feet. When we made calls to the agency to demand an explanation for the delay, we were told that it is a "sensitive and confidential matter" and that "no information can be released on the file". Interestingly, the NDA Government has acted with remarkable alacrity and openness in the cases involving the extradition of Abu Salem from Portugal and Dawood Ibrahim from Saudi Arabia.

LEGAL BASIS FOR EXTRADITION

On 28 August 2002, an Indian court affirmed a criminal charge of "culpable homicide" under Section 304 Part II of the Indian Penal Code, against Warren Anderson for the deaths of over 8000 persons in 1984 following a poisonous gas leak from Union Carbide's pesticide factory in Bhopal. The court directed the prosecuting agency -- the Central Bureau of Investigation (CBI) -- to expedite the extradition of Warren Anderson from the United States to face trial in India.

The case was made by the CBI when b evidence pointed to the fact that in an effort to save money, the US multinational and its then Chairman CEO Anderson, along with several senior executives, had knowingly and willfully allowed the setting up of a pesticide plant with seriously flawed design and inadequate safety systems in the midst of a highly populated residential area.

ANDERSON'S POSITION

Warren Anderson has mocked the victims of the tragedy by ignoring each summons and never appearing in the Indian court during the entire duration of the ongoing criminal case, dating back to 1987.

Anderson currently lives a lavish lifestyle in Bridgehampton, New York while the children, women and men exposed to his company's toxins languish in disease and poverty.

WHAT YOU SHOULD KNOW BEFORE YOU CALL -- LEGAL TIMELINE

December 1984: Anderson along with Indian officials arrested in Bhopal and released on bail, Anderson escorted to New Delhi on a special government aircraft and allowed to leave the country.

December 1987: summons for the criminal case were first served on 66 yr. old Warren Anderson and Union Carbide in India. Central Bureau of Investigation (CBI) files charge sheet against Warren Anderson, chairman of UCC, and eleven other accused including UCC (USA), Union Carbide (Eastern) Hong Kong, and UCIL.Anderson is charged under Indian Penal Code sections 304 [culpable homicide, punishable by 10 years to life imprisonment and fine], 320 [causing grievous hurt punishable by 10 years to life imprisonment and fine], 324 [causing hurt, punishable by 3 years imprisonment and/or fine] and 429 [causing death and poisoning of animals, punishable by 3 years imprisonment and/or fine].

September 1988: One of several summons served on Anderson through Interpol.

February 9th 1989: a non-bailable arrest warrant was issued against Warren Anderson by the Bhopal court for repeatedly ignoring the summons to appear in the criminal case.

February 14th-15th 1989: Within a week an out of court settlement was signed by the government and Union Carbide corporation. As part of the settlement, the Indian government agreed to quash the criminal charges against Union Carbide and its officials including Anderson.

March 1991: the criminal immunity granted to Union Carbide Corporation and Warren Anderson by the settlement was revoked by the Indian Supreme Court.

October 1991: Supreme Court of India revoked criminal immunity granted to Anderson and all other accused in the Bhopal gas leak disaster case in response to review and writ petitions. Union Carbide describes the Supreme Court of India's final order on lifting criminal immunity as "unfortunate".

December 1991: Proclamation issued by CJM, Bhopal ordering Warren Anderson - accused No.1, UCC (USA) - accused No.10, and UCE (Hong Kong) - accused No.11, to present themselves before the CJM on 1/2/92.

January 1992: this summons was placed in the Washington Post. Warren Anderson is now 70 years old.

February 1992: The CJM declares Anderson, UCC (USA) and Union Carbide Eastern (Hong Kong) as absconders for non-appearance in the criminal case. The CJM orders attachment of Anderson's property.

March 1992: the Bhopal Judicial Magistrate (BJM) issues a non-bailable arrest warrant and orders the Indian government to seek Warren Anderson.s extradition.

April 1992: CJM, Bhopal issues non-billable warrant of arrest against Warren Anderson and orders the Government of India to seek extradition of Anderson from the United States. The CJM attaches the shares and properties of UCC in India because of their non-appearance in court.

September 2001: Chief Judicial Magistrate, Bhopal, Mr. L D Borasi mentions in his order " For the last several years the Government of India has not revealed any thing regarding action taken in the matter of extradition. Hence the public prosecuting officer Shri Sahay representing the Government of India is directed to present detailed information regarding action taken in the matter of extradition till date."

June 2002: In the ongoing criminal case before the Chief Judicial Magistrate, Bhopal the CBI moved an application for dilution of criminal charges against Anderson from 'homicide' [Sec. 304 (Part II)] to 'negligence' [Sec 304 (a)].

28th August 2002: BJM upholds the criminal charge of "culpable homicide" and orders the CBI to expedite the extradition

December 2002: A few weeks after the 18th anniversary of the disaster, the CBI sends extradition papers to the Ministry of External Affairs

It will be greatly appreciated if you can send us feedback on your conversation with the Ministry of External Affairs.

In India: Rachna Dhingra rachna@umich.edu
In USA: Krishnaveni Gundu (krishnaveni_g@sbcglobal.net)

 

<---------- CUT and PASTE THE FOLLOWING LETTER TO FAX AND EMAIL TO THE MINISTRY OF EXTERNAL AFFAIRS --------->


FAX #: 91-11-23782821
EMAIL: jcsharma@nic.in (Secretary of External Affairs JC Sharma)

To:
Yashwant Sinha
Ministry of External Affairs
ISIL Building
9, Bhagwan Das Road
New Delhi-110 001
Telephone + 91 11 23011127
Fax:91 11 23782821


CC:
The Secretary (JC Sharma) and the Joint Secretary (BA Roy) of Ministry of External Affairs
Fax; 91 (11) 23782821

Sub: Implementation of August 28, 2002 order of Indian court's affirmation of criminal charges of "culpable homicide" against Warren Anderson,
ex-CEO of Union Carbide Corporation in criminal case No. MJC 91 of 1992

 

Dear Sir,

This is in reference to the August 28 ruling of the Bhopal Judicial Magistrate's Court that upheld the criminal charge of culpable homicide against Warren Anderson.

As you must be aware, no persons have yet been held to account for the deaths of more than 20,000 Indian citizens in Bhopal. Meanwhile, the people of Bhopal still suffer terrible chronic illnesses due to the poison gases that were released from the Union Carbide factory eighteen years ago, and from having to drink water that is still being poisoned by chemicals from the site that Carbide never cleaned up.

Justice has been denied to the gas victims of Bhopal for long enough. By ignoring the summons of the Indian courts, and thereby demonstrating contempt for due process and the rule of law, Warren Anderson has dragged out and prolonged their suffering by 11 years. We believe that, by enacting the order of the Bhopal Court through the US-India Extradition Treaty, the Ministry of External affairs can finally do justice by the people of Bhopal.

The Bhopal court decision is justice long overdue. We therefore request that the Ministry of External Affairs do what is necessary to bring the prime accused "Warren Anderson" back to India to face trial without delay. We hardly need say that any delay in this action would represent a gross negligence towards the gas-affected victims of Bhopal.

We appeal to you to immediately implement the order of the Bhopal Court, and make sufficient arrangements to bring Anderson back to India to face trial in Bhopal.

Sincerely,


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