Arbitrarily detained Kashmiri prisoners must be freed

OMCT, Civicus, FIDH, Forum-Asia, ICJ, Amnesty International

SUMMARY

November 23, 2023

This joint statement by Amnesty International, International Federation for Human Rights, International Commission of Jurists, Asian Forum for Human Rights and Development and Civicus calls upon the Government of India to treat its Kashmiri prisoners humanely, and to release those that were arbitrarily detained, especially during the COVID-19 pandemic.

Topics: COVID-19 pandemic, humane treatment of inmates, arbitrary detention, discrimination against Kashmiris in India

Terms: COVID-19 pandemic, humane treatment of inmates, arbitrary detention, discrimination of Kashmiris in India, Unlawful Activities (Prevention) Act, Public Security Act (PSA), violation of international human rights law, arbitrary detention of Miyan Abdul Qayoom, arbitrary detention of Ghulam Mohammed Bhat, harassment of human rights defenders, suppression of right to information, internet blockade

ARTICLE PREVIEW

We remind Indian authorities that all measures designed to halt the spread of the virus must respect the fundamental human rights of every individual and we call on the Government to:

Immediately release all arbitrarily detained prisoners, including journalists, human rights defenders, political leaders and others detained simply for expressing critical or dissenting views, including Mr. Miyan Abdul Qayoom and all those arrested after 5 August 2019 in Jammu & Kashmir
Consider releasing those particularly vulnerable to COVID-19, among them older detainees and those who are sick, as well as low-risk offenders;

Provide adequate healthcare and implement preventive measures, such as the screening of all detainees and the confinement of vulnerable inmates, to ensure the safety of all prisoners and prison staff
Take measures to ensure that, upon release, inmates are medically screened and provided with adequate care and proper follow-up, including health monitoring

Ensure the availability to all prisoners of alternative measures to prison visits (e.g. video conferencing, more telephone access)

Ensure that safeguards against torture and ill-treatment of people in custody, including access to lawyers and medical examinations, are maintained during the emergency

Restore full access to high-speed internet in Jammu & Kashmir.

We would like to stress that these are not issues circumscribed to the coronavirus emergency. No one must ever be tortured, ill-treated, or arbitrarily deprived of their liberty. All prisoners must be able to enjoy decent detention conditions, have access to health care, legal representation and the support of their families, even in normal times.

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