Sane voices needed to resolve Kashmir issue : The 98th session of the UN Working Group on Arbitrary Detention (WGAD) began on November 13 in Geneva. The WGAD’s purpose is to investigate cases of arbitrary deprivation of liberty that do not comply with the international standards outlined in the Universal Declaration of Human Rights and other accepted international legal instruments. The working group consists of five members who are recognized experts in the field of human rights.
The Universal Declaration of Human Rights, specifically Article 9, states unequivocally that “No one shall be subjected to arbitrary arrest, detention, or exile.” Similarly, Article 9(1) of the International Covenant on Civil and Political Rights echoes this sentiment, asserting that “No one shall be subjected to arbitrary arrest or detention.” Therefore, arbitrary detention is a clear violation of international human rights law, as endorsed by these fundamental documents. Rule 45 of the Mandela Rules emphasizes that solitary confinement should only be used in exceptional cases, as a last resort, for the shortest possible duration, and subject to independent review. The Rules explicitly prohibit indefinite and prolonged solitary confinement, defined as exceeding 15 consecutive days, and stress its use as a measure of last resort in exceptional circumstances.
During the 98th session of the WGAD, several cases of arbitrary detention in Kashmir are being considered. It is important to note that these cases likely represent only a fraction of the actual occurrences, as there are numerous unrecorded instances where relatives and neighbors are coerced into silence or mysteriously disappear. The Modi Administration, with the support of over 900,000 military and paramilitary forces, specifically targets educated Kashmiris, both men and women, who dare to voice their opinions. These laws, created by India to intimidate Kashmiris, have no support in any international human rights instrument.
The controversial Jammu and Kashmir Public Safety Act grants Indian security forces in Kashmir the power to detain civilians for up to one year without trial or due process, citing various reasons, including the exercise of free speech. For example, under this Act, an individual advocating against India’s campaign of terror, even if they have lost a child to Indian security forces, can be detained for endangering “public safety.” Similarly, producing pamphlets or newspapers endorsing United Nations resolutions for a plebiscite in Kashmir can result in arrest and detention without formal charges or due process.
Ambassador J. Kenneth Blackwell, a former UN Ambassador, provided a severe assessment of the situation in Indian-occupied Kashmir based on his visit in December 1993. He highlighted the heavy military presence, which has turned Kashmir into a war zone, with armed personnel dominating the landscape. Detainees are often not presented before a magistrate within the required 24 hours, and torture is reported as routine in interrogation centers operated by paramilitary and army forces.
In a joint communication to the Government of India on June 3, 2022, Elina Steinerte, Vice Chair of WGAD, and Irene Khan, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, expressed serious concern about the arbitrary detention and intimidation of journalists covering the situation in Jammu and Kashmir. Prominent journalists such as Fahad Shah, Auqib Javeed, Sajad Gul, Qazi Shibli, and the Editor of Kashmir Times have faced harassment, arbitrary detention, and criminal proceedings related to their journalistic activities. The closure of Kashmir Times offices, reportedly linked to independent and outspoken reporting, has raised further alarm.
Gerald Staberock, Secretary General of the World Organization Against Torture (OMCT) based in Geneva, expressed concern about the arbitrary detention of Khurram Parvez and highlighted the possibility of life imprisonment and the death penalty as reprisals for his legitimate human rights work. Staberock asserted that Khurram should not have spent a single minute behind bars and deserves compensation for the prolonged and unjust deprivation of his liberty.
It is crucial for India, as a signatory to the United Nations Charter and the Universal Declaration of Human Rights, to adhere to international law and morality. The suffering of the people of Kashmir, characterized by unbearable hardship, cannot be alleviated, and the persistent threat to regional peace cannot be eliminated unless concerted pressure is exerted on the Modi Administration. The resolution of the Kashmir conflict is essential for lasting peace in the region and for the bilateral relations between India and Pakistan.
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