GENEVA (1 December 2021) - We are deeply concerned at the arrest of Kashmiri human rights defender Khurram Parvez under Indian counter-terrorism legislation, the Unlawful Activities Prevention Act (UAPA).
Parvez, who has now been in custody for more than a week, is accused of terrorism-related offences. We are unaware of the factual basis of the charges. He is known as a tireless advocate for families of the disappeared and has been targeted before for his human rights work. In 2016, he was detained under another controversial law, the Public Safety Act, for two and a half months after being prevented from travelling to the Human Rights Council in Geneva. He was released after the Jammu and Kashmir High Court declared his detention illegal.
The UAPA empowers the authorities to designate individuals and organizations as terrorists based on imprecise criteria, contains a vague and overly broad definition of ‘terrorist act’, allows people to be held in lengthy pre-trial detention and makes securing bail very difficult. It raises serious concerns relating to the right of presumption of innocence along with other due process and fair trial rights. The Act is also increasingly being used to stifle the work of human rights defenders, journalists and other critics in Jammu and Kashmir and other parts of India.
In view of this context of previous reprisal for legitimate conduct, we call on the Indian authorities to fully safeguard his right to freedom of expression, association and personal liberty and to take the precautionary step of releasing him.
We reiterate our calls for the UAPA to be amended to bring it into line with international human rights law and standards, and urge the authorities, pending the law’s amendment, to refrain from using this or other laws unduly restricting freedom of expression in cases involving civil society, media, and human rights defenders.
Against this backdrop, the UN Human Rights Office is increasingly alarmed by the rise in killings of civilians, including members of religious minorities, by armed groups in Indian-administered Kashmir this year. At the same time, civilians have been killed by security forces in the course of counter-terrorism operations, and their bodies on occasion disposed in secret. One of these incidents happened on 15 November when four people were killed in a reported gunfight in Srinagar’s Hyderpora area, including two civilians.
There should be prompt, thorough, transparent, independent and effective investigations into all killings of civilians, and families should be allowed to mourn their loved ones and seek justice.
We acknowledge the need to prevent violence, but we are concerned at signs of a wider crackdown on civil society actors in Jammu and Kashmir. The use of sweeping counter-terrorism measures risks leading to further human rights violations and deepening discontent.
We call on the security forces and armed groups to exercise restraint, and to ensure that the rise in tensions in Jammu and Kashmir in recent weeks does not lead to further violence against the civilian population.
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