Belgian photojournalist on his way home after three month detainment in India

Belgian photojournalist on his way home after three month detainment in India
Rihkhawdar (Myanmar) on the left and Zokhawdar (Mizoram, India) on the right bank of the Tio river. Credit: Wikimedia

Belgian freelance photojournalist Simon Clément has received an Indian exit visa and is on his way to Belgium. At the end of last month, Clément was acquitted by a local court. In total, he was not allowed to leave India for three months.

The photographer, who worked on behalf of news outlets Trouw and Apache, among others, was arrested in early March in the northeast of India, in the state of Mizoram, near the border with Myanmar.

Clément was suspected by the Indian authorities of having crossed the border with Myanmar illegally.

He was also in possession of an empty bullet casing, which, according to Clément, was intended as a souvenir. He was charged with possession of ammunition and breaching visa rules, as he was travelling on a tourist visa. However, local weapons legislation makes an exception for bullet casings.

Such activities are sensitive in India because Indian insurgents are hiding in neighbouring Myanmar. Myanmar is a very divided country with numerous armed groups. Four years ago, Aung San Suu Kyi was deposed as head of government and imprisoned by coup plotters.

After spending 17 days in police custody and prison, Clément was released on 21 March but barred from leaving India pending trial. Monday's ruling clears him of all charges.

According to his lawyer, Clément was wrongfully detained. The court found that Indian arms legislation explicitly exempts empty casings and that the requirement for a special permit to enter Mizoram, designated a "protected area" in late March, did not apply retroactively to Clément's case, as his arrest predated the regulation.

The lawyer added that India did not want to set an example to other foreign journalists by arresting Clément. The arrest also happened to take place at the same time as a foreign trade mission from Belgium in India.

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