UN Special Rapporteur and Working Group
SUMMARY
November 23, 2023

This communication from the UN Human Rights Council-appointed Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, and Vice-Chair of the Working Group on Arbitrary Detention, Elina Steinerte expresses deep concern regarding, and asks the Indian government to explain the legal basis for, detaining and charging four Kashmiri journalists and closing the office of the Kashmir Times.

Topics: arbitrary detention of Kashmiri journalists, arbitrary closure of The Kashmir Times, harassment of journalists, violation of international human rights law

Terms: arbitrary detention of Fahad Shah, Auqib Javeed, Sajar Gul, and Qazi Shibli, closure of The Kashmir Times, violation article 3, 9, 14, 18, 18, 21, 22 of International Covenant on Civil and Political Rights (ICCPR), violation of General Comment 35, violation of right to freedom of assembly, violation of right to freedom of association, violation of right to freedom of religion, violation of right to fair trial, violation of Mandela Rules 45, denial of justice

ARTICLE PREVIEW

Our concerns over the situation of journalists in Jammu and Kashmir have been shared with your Excellency’s Government through a previous joint communication dated 6 May 2020 (IND 8/2020). We regret that no reply has yet been received to this communication.

As it is our responsibility, under the mandates provided to us by the Human Rights Council, to seek to clarify all cases brought to our attention, we would be grateful for the observations of your Excellency’s Government on the following matters:

  • Please provide any additional information and/or comment(s) you may have on the above-mentioned allegations.
  • Please provide information on the legal and factual basis for the arrests and charges brought against the aforementioned journalists and how these are compatible with your Excellency’s Government’s international human rights obligations under the ICCPR. Please provide information about the journalist’s access to legal representation during the periods they were detained.
  • Please provide information on the legal basis for the decision of the State Department to close the allotment of the Kashmir Times office and how this decision complies with India’s obligations under international human rights law. 
  • Please provide information on the compatibility of the criminal charges against Mr. Javeed, Mr. Shah and Mr Qazi with your Excellency’s Government’s obligations under international human rights law.
  • Please indicate what measures have been taken to ensure that journalists and human rights defenders of the region are able to carry out their peaceful and legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
Link to Original Article

June 2021

Originally published

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