Endorse Letter on Bhopal
Please send organizational endorsements to: amit@corpwatch.org
Dear friends:
December 3, 2001 marks the 17th anniversary of the Bhopal disaster. Thousands of people died immediately as a result of the deadly gas leak from the Union Carbide plant in India, and hundreds of thousands were left permanently injured as a result of the double standards employed by the US corporation Union Carbide. Over 20,000 people have died as a result of the disaster, according to survivor groups in Bhopal. Justice has proved to be elusive for the survivors of the biggest corporate disaster in the history of the world -- even now, 12-15 people continue to die every month as a result of the disaster, and economic justice and medical rehabilitation -- two of the main demands of the survivors- are not yet adequate. Dow Chemical (of napalm, Agent Orange, silicon breast implant fame) now owns Union Carbide, and Bhopal survivor groups have initiated a campaign to pressure Dow Chemical to assume liability for the Bhopal disaster.
The Indian government recently stated that they may drop plans for extraditing Warren Anderson, CEO of Union Carbide at the time of the disaster, partly on "humanitarian" grounds (he is close to 80). Anderson, charged with serious crimes in India where there is a warrant out for his arrest, has ignored all Indian courts by absconding for the last few years. We feel dropping charges against Anderson for such a heinous crime will send a very disturbing message to corporations who continue to expand their operations globally like never before: the message reads "its OK to have double standards that will maim and kill people of the Third World".
Survivor groups in Bhopal have drafted the following letter to the government of India and we are asking organizations to sign on to the letter that cautions the Indian government to not drop extradition efforts of Mr. Warren Anderson, CEO of Union Carbide at the time of the Bhopal tragedy.
Please send organizational sign-ons to Amit Srivastava at amit@corpwatch.org by December 7th. We will be delivering this letter to the Indian consulate in the US on December 7th so the earlier the better.
Thank you
Amit Srivastava
CorpWatch
To: The Ambassador
The Indian Embassy
Washington DC
December 3, 2001
Re: 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:
1. 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.
2. 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.
Sincerely,
- 116 Human Rights