Date: Sat, 12 Jul 2008 22:35:30 -0400 From: "Venantius Pinto" <[EMAIL PROTECTED]> > For anyone who has had even tangentially encountered our undercover cops these encounters are beyond the beyond scary. > Its also says something if its really true that no lawyer in Goa was willing to represent him. At times like this one remembers the New York lawyer, the late William Kunstler who never shirked from representing those who had no one as does Ron Kuby, continues does his protege . > Mario responds: > What it says, Venantius, is that, while India adopted several principles and sections of the unique US Constitution, it has a long way to go to achieve the type of REAL legal rights that are available to everyone in the US - including non-citizens and captured terrorists who would rip off the heads of their captors if they had a chance. > In the US, Tariq Ahmad Batloo could not be re-arrested for the same crime and the same set of facts that he was acquitted of, under the principle of "double jeopardy". There would have to be new evidence that was not established before. > The Indian constitution does include this protection, so we must believe for the time being that there was fresh evidence against Mr. Batloo. However, this would be bending over backwards to give the Indian judicial system the benefit of the doubt because the previous evidence was not enough to get him convicted in Goa. > If it is true that no Goan lawyer would defend Mr. Batloo's rights to a fair trial in Goa, that would speak volumes for the fundamental backwardness and unfairness of the Indian judicial system and the retrograde mentality of Goan lawyers. > While you have singled out two lawyers in New York there are thousands of lawyers across the US who every day defend a defendants's right to a fair trial - which is fundamentally different from deviously trying to get a malefactor off scot-free. This is because the US Constitution guarantees legal representation for all defendants regardless of their ability to pay, at taxpayer expense if necessary, and sometimes "pro-bono" which is when a lawyer does not charge a fee for his or her services, which the American Bar Association requires them to do up to a certain percentage of their professional time. > While India copied the US Bill of Rights I am well aware that they frequently do not follow either the letter or spirit of these rights. > As you say, the situation in India is beyond scary if you happen to be a target for communal or political reasons. >
