Letter to the Prime Minister, Home Secretary & Met Police Commissioner

Add your name to the our letter to the Commissioner of the Metropolitan Police, Sir Bernard Hogan-Howe, the Home Secretary, Amber Rudd and the Prime Minister, Theresa May, demanding a meeting with Seeta’s family and urging them to comply with the police and government’s obligations to investigate and prosecute honour-based violence in accordance with domestic and international law and policy.


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Sir Bernard Hogan-Howe, Commissioner of the Metropolitan Police
Amber Rudd, Home Secretary Amber Rudd
Theresa May, Prime Minister

21st November 2016

Dear Theresa May, Amber Rudd and Bernard Hogan-Howe

Re: Seeta (Saini) Kaur

We write to express our deep concern about the lack of an effective investigation by the British authorities – the Foreign and Commonwealth Office (FCO) and the Metropolitan Police Service (MPS) – into the death of Seeta (Saini) Kaur, a British National of Indian origin. Seeta died in India in March 2015 in what is believed to be an honour killing that was planned in the UK by her then British resident husband (Pawan Saini) and her in-laws.

The family is being supported and assisted by Southall Black Sisters (SBS); a long standing specialist advocacy and campaigning organisation set up to meet the needs of black and minority women subject to all forms of gender-based violence.

 Background

We set out below a brief history of Seeta’s marital history and background provided to SBS by Seeta’s family and friends.

Seeta was born and brought up in the UK. She had an arranged marriage with Pawan Saini; an Indian national who resided with her in the UK. Seeta was subjected to years of domestic violence throughout her marriage: mainly because she refused to obey her husband and in-laws who demanded that she give one of her sons to her husband’s brother and his wife in India because they were childless and wanted a male heir to preserve ancestral wealth. Following family holidays to India, Seeta’s husband and in-laws would often force her to return to the UK without her eldest son. On her return, she would plead and beg until she succeeded in being reunited with her son. However, when her youngest son was born, the pressure on her to give him to her husband’s family intensified. Seeta’s husband viewed the matter as a question of honour because he had made a promise to his brother and sister-in-law that they could adopt one of his sons. Seeta’s persistent refusals led to violence and abuse inflicted by her husband and his family; ultimately, to her death.

In February 2015 Seeta was tricked into going to India on a family trip. She died following a heated argument between her and her husband about giving up her youngest son. Seeta’s family was told that she died of a ‘sudden heart attack’: even though she was only 33 years old; had no heart condition or associated health problems; and despite the fact that there is no official medical confirmation as to the cause of her death. Seeta’s family flew to India to recover her body. They had to force their way through a massive crowd of mourners and onlookers to see her as she lay in a coffin wrapped in thick blankets (a highly unusual practice not known in their culture and religion). After insisting that she be uncovered, they saw considerable bruising around her neck and upper chest which fuelled their suspicion that she had been murdered. Seeta’s family made clear to her husband and in-laws that they intended to take her body back to the UK, but without their knowledge, Seeta’s body was taken out of the house during the night or early hours of the morning and cremated in their absence. Understandably, Seeta’s family were deeply distressed by the turn of events because they were deprived of the opportunity to pay their respects or arrange a post-mortem to establish her cause of death.

Seeta’s family reported her death as suspicious to the local police with whom Seeta’s husband is well connected. The police failed to investigate the matter properly, revealing serious flaws in their investigation of her death. Initially, as is common amongst police practice in such cases, they tried to reconcile the families, offering the return of Seeta’s children in exchange for dropping their allegation of murder. When that didn’t work, they simply closed the case stating that her murderer is ‘untraced’. The family is now appealing that decision in India but the response makes clear that the police accept that she was unlawfully killed.

On their return to the UK, Seeta’s family sought assistance from SBS and obtained a High Court order seeking the immediate return of her children but her husband has refused to co-operate. He has frustrated all their legal attempts to have the children returned to the UK.

Seeta’s family have also sought the assistance of the FCO and the Metropolitan Police in relation to the investigation of Seeta’s death: they have been told repeatedly that the British authorities have no duty to investigate the matter since it did not take place in this jurisdiction. They have made it clear that in their view, the British state bears no responsibility for bringing Seeta’s killers to justice or in assisting in the return of her children who remain with their abusive father in India. The family has been offered no meaningful assistance.

Failure of Investigation 

The contention that Seeta’s husband and/or members of his family killed her and then tried to hide the evidence by having her cremated immediately after her death appears to be supported by additional evidence that has been uncovered. Extensive statements taken by SBS from Ms Saini’s family and friends in the UK, together with other circumstantial evidence, strongly suggest that Ms Saini did not die a natural death. There is considerable evidence to show that she was coerced or tricked by her husband into going on the trip to India with her four young children and that she was frightened of being seriously harmed in India. Prior to travelling to India she had confided in her friends and conveyed her wishes in respect of the care of her children in the event of her death. Prior to leaving for India, Seeta’s husband resigned from his work without telling her and acted in ways that suggested that he did not plan to return to the UK.

Seeta’s family has struggled to understand the events that transpired but they are determined to fight for justice. Despite the fact that Seeta was, and her children are, British nationals, the FCO and the Metropolitan Police Service (MPS) in the UK have failed to investigate Seeta’s death as a potential honour killing.

Seeta’s case has many conspicuous parallels with previous honour killings of British nationals abroad: that of Manjit Kaur; Surjit Atwal; and the recent high profile honour killing of Samia Shahid who, it appears, was raped and brutally murdered by her first husband and relatives. Samia too was lured abroad (to Pakistan) and killed to preserve family honour. Her killers tried to pass off the killing as a ‘sudden heart attack’ but in her case, prompt action by the Pakistani police with support from West Yorkshire Police led to the arrest and detention of her killers within days of her death. They now await trial for her murder whilst other accomplices are also questioned.

Flagrant disregard for equality and human rights

As an organisation working to protect black and minority women from all forms of gender based violence, SBS is shocked and deeply concerned by the lack of an adequate response by the FCO and the MPS. In our view, this behaviour constitutes a flagrant disregard of the human rights of BME women. The failure to apply existing law, guidance and polices on honour-based violence belies the ‘high priority’ that has been accorded by the government and the police to tackling this issue.

More specifically, we express our dismay at the following continuing breaches:

  • Disregard for the pledge made by the MPS to ‘investigate all instances of honour-based violence, even in cases where there is only a small amount of information or where a victim has not reported it themselves’ (see http://safe.met.police.uk/crimes_of_honour/get_the_facts.html).
  • Failure on the part of the MPS to investigate the case as an honour killing in which the element of conspiracy to murder was potentially planned in the UK. It is within the discretion of the MPS to commence an investigation and to arrest Mr Saini pursuant to s.24 (1) Police and Criminal Evidence Act 1984 were Mr Saini to enter the UK again.
  • Failure of the MPS and the FCO to adhere to the Memorandum of Understanding (MOU) between the FCO, the Association of Chief Police Officers (ACPO) and the Coroners’ Society of England and Wales entitled ‘Murder, Manslaughter or Infanticide of British Nationals Abroad’. The MOU clearly states that its aims are:
  1. to support the next of kin of British nationals who are victims of murder, manslaughter or infanticide abroad;
  2. assist in and/or encourage that a proper and thorough investigation is carried out into the cause of death leading to an effective prosecution and trial (paragraph 2.1);
  3. to refer the matter to the MPS for investigation by a senior investigating officer where there is some evidence to suggest that the honour killing may have been planned in the UK (paragraph 5.2);
  4. to investigate whether or not there has been a breach of ECHR Article 2 concerning the Right to Life (paragraph 3.8).
  • Failure to adhere to police policy which recognises the international and cross-jurisdictional nature of crimes arising from honour-based abuse. Crimes that fall under the umbrella of honour-based abuse have extra-territorial reach enabling the relevant police force and the Crown Prosecution Service to investigate and prosecute crimes committed abroad (see http://safe.met.police.uk/crimes_of_honour/get_the_facts.html).
  • Breach of Seeta Saini’s right to life (protected by Article 2 of the European Convention on Human Rights – ECHR) and her right to be free from inhuman and degrading treatment (protected by Article 3 ECHR). The MPS is under a positive obligation to initiate an effective investigation into these matters. Given the extra-territorial nature of the offence of conspiracy to commit murder abroad, a co-operative approach between the MPS and Indian Police Service which shares evidence found in respective jurisdictions would be necessary if the MPS is to discharge its Articles 2 and 3 ECHR obligations;
  • An appearance that the government is following an arbitrary and discriminatory approach in which more meaningful and proactive police and government assistance is provided in cases where white British nationals have been killed or harmed abroad compared to those of non-white British nationals.

Failure of the MPS to investigate Seeta’s murder as an honour-based killing since this would arguably indirectly discriminate against British women of South Asian origin and be in breach of the Public Sector Equality Duty under the Equality Act 2010.

The government has signed (although not yet ratified) the Istanbul Convention, which requires the UK to protect from and prevent violence against women, and prosecute perpetrators who are nationals or resident in the UK – wherever they commit the act of violence. Despite this commitment, the state is hiding behind “lack of jurisdiction” as an excuse for not investigating Seeta’s death.

Clearly, the response of the British authorities is riddled with indifference and double standards, raising a series of questions about the role of the MPS and the FCO in such cases. For example:

  • Why is the British government falling unacceptably short of the standards to be expected and that are consistent with its own commitment and policies on honour-based violence and international human rights law?
  • Why is the MPS contravening its own policy and guidance on honour-based violence in respect of its investigation and prosecution of honour killings?
  • Why is there a perceived discriminatory approach to the killings of British nationals abroad? It would appear that the British state does intervene when it thinks it appropriate to do so as in the cases of Madeleine McCann, David Miller and Hannah Witheridge but not others involving non-white British nationals.

Seeta’s family is desperate for justice. They have become increasingly disillusioned by the apathy and indifference shown by the Indian police, the FCO and the MPS. It is particularly disheartening to see such wholesale failure from the British authorities given this government’s clear commitment to end violence against women and girls at home and abroad (Violence Against Women and Girls Strategy 2016-2020). It is also illogical to have laws on forced marriage and female genital mutilation to have extra-territorial effect but not honour-based violence. This means that victims of honour-based violence do not enjoy the same level of protection and rights.

We urge you to take urgent action including making representations at the highest levels to your Indian counterparts to undertake joint criminal investigations with the British police. We also demand urgent changes in domestic law and policy to close the gap in protection and prosecution that is evident in respect of the honour killings of British nationals committed abroad.

We urge you to take serious stock of the transnational nature of honour killings by taking appropriate steps to end the public/private divide that is very much in evidence in respect of the British State’s police policy and practice abroad. It would seem that if an honour killing takes place abroad, even if it involves a British national, it is treated as a ‘private’ family matter. It is time to end the near impunity enjoyed by the perpetrators of honour killing who, often with state complicity, seek to escape detection by taking women abroad.

We urge you to give serious consideration to the points raised in this letter and trust that you will agree that the British state’s response to this case is unacceptable and falls short of expected standards.

We request a meeting with you so that Seeta’s family are reassured that they will receive the assistance and support that they need and deserve from all the relevant authorities including the FCO and the MPS in their struggle for justice.

We look forward to your response,

Pragna Patel,
Director
Southall Black Sisters

This letter is supported by the following individuals and organisations:

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Letter to the Prime Minister, Home Secretary & Met Police Commissioner

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