The Muslim Lawyers Association (MLA) and the South Africa Kashmiri Action Group (Sakag) have lodged a renewed complaint to the National Prosecuting Authority (NPA) and South African Police Services (Saps) “to arrest, investigate and possibly prosecute Indian Prime Minister Narendra Modi”.
Modi is expected to visit South Africa for the Brics (Brazil, Russia, India, China and South Africa) summit in August.
The MLA and Sakag are calling for the National Director of Public Prosecutions (NDPP) to investigate Modi and bring him to trial for alleged involvement in war crimes and gross human rights violations in Indian occupied Kashmir.
The organisations said the South African government has acted on previous complaints.
“In July 2018, the NPA and DPCI, through Interpol, took the initiative of requesting the Indian authorities to indicate whether they are investigating the allegations against Modi domestically.
“Significantly the Saps requested that if they were not investigating these allegations, whether an international investigations team in the Saps could, under jurisdiction through the Rome Statute, travel to the respective countries to conduct investigations. Interpol India refused to co-operate, citing issues of sovereignty,” they said.
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MLA spokesperson Yousha Tayob contends there is sufficient evidence to establish a case against Modi for alleged extra-judicial murders, rape and other human rights violations.
“The dossier contains clear prima facie evidence to justify arresting Mr Modi when he attends the BRICS summit in South Africa on 22-24 August 2023.
“We’d like to convey our appreciation to the NPA and SAPS for attending to this matter and we look forward to ongoing discussions. We reserve the right to elevate this case to the ICC at the Hague under Article 25(3) of the Rome Statute,” Tayob said.
Meanwhile, as South Africa grapples with a diplomatic conundrum of having to avoid executing an international arrest warrant for Russian President Vladimir Putin, President Cyril Ramaphosa stressed that he will be the one to decide if the Russian leader will be allowed into the country for the Brics summit.
The International Criminal Court (ICC) has issued a warrant of arrest for Putin, accusing him of war crimes in Ukraine
Ramaphosa said the issue of Putin attending the Brics summit was being discussed in light of the ICC issuing a warrant for the Russian leader’s arrest.
“I will be the one who will say this is going to happen. You point to your watch, in politics, time is something that is like that. So, you will hear from me and we will be able to announce precisely what is going to happen with regards to the Brics summit,” Ramaphosa said.
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