Concerns regarding the repressive measures and broader pattern of systematic infringements of fundamental rights used against the local population, as well as of intimidations, searches and confiscations committed by national security agents in Jammu and Kashmir, were raised by Special Procedures mandate holders in previous communications dated 21 December 2020 (AL IND 20/2020) 4 May 2020 (AL IND 6/2020) and 1 July 2020 (AL IND 11/2020). We thank you for the replies to the former communications, dated 18 January2021 and 31 July 2020. We regret to have not received a response to the latter communication.

 While we do not wish to prejudge the accuracy of these allegations, we are expressing our grave concern that, should they be confirmed, they would constitute arbitrary arrests and detention, torture and ill-treatment, enforced disappearance and, in the case of Mr. Dar, extra-judicial killing, and would amount to violations of article 6 (right to life and not to be arbitrarily deprived of life), article 7 (freedom from torture and other cruel, inhuman or degrading treatment or punishment) and article 9 (right to liberty and security) and 14 (right to equality before the courts and tribunals) of the International Covenant on Civil and Political Rights (ICCPR), which India acceded to on 10 April 1979. 

The absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment, is also codified in articles 2 and 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). 

It is of particular concern that no investigation into the allegations of enforced  disappearances and extrajudicial killings have yet to be conducted in an independent, impartial, prompt, effective, thorough and transparent manner in accordance with the human rights obligations of India. 

Our concern in the case of Mr. Waheed Para is heightened by the fact that his arrest and detention appear to be linked to his interaction with UN Security Council members, which would amount to acts of reprisals for such cooperation. In the same vein, we are concerned about the armed threats made again the relatives of these persons to stop filing complaints about these violations. 

Without expressing at this stage an opinion on the facts of the case and on whether the reported detentions were arbitrary or not, we would like to appeal to your Excellency's Government to take all necessary measures to guarantee the right of the detained person in this case not to be deprived arbitrarily of his liberty, in accordance with article 9 of the ICCPR. 

The Council also urges States to ensure accountability for any act of intimidation or reprisal by ensuring impartial, prompt and thorough investigations of any alleged act of intimidation or reprisal in order to bring the perpetrators to justice.