This is a letter from the American Bar Association to India’s Prime Minister (Modi), on the imprisonment of Mian Abdul Qayoom, the J&K Bar Association President. Abdul Qayoom has been a vocal supporter of Kashmiris' right to self-determination. This letter reminds the Indian Government of its obligations under international law, urges the government to release Abdul Qayoom, and requests that Abdul Qayoom is treated with UN standards for the treatment of prisoners for the time he remains in detention.
Topics: arrest and arbitrary detention of Mian Abdul Qayoom
Terms: arbitrary arrest, arbitrary detention, Public Safety Act (PSA), violations of International Covenant on Civil and Political Rights, violations of UN Basic Principles on the Role of Lawyers, violations of UN Standard Minimum Rules for the Treatment of Prisoners, violations of international human rights law
The ABA observes that Mian Abdul Qayoom, the Jammu and Kashmir High Court Bar Association (JKHCBA) President who was arrested with other lawyers, has been detained since August 2019, shortly after the Indian Government revoked the special status of the state of Jammu and Kashmir under Article 370 of India’s Constitution. President Qayoom has been elected as President of the JKHCBA 20 times, which attests to the formidable respect that he enjoys from his peers. Although he is a staunch supporter of the Kashmiri peoples’ right to self-determination, we understand that he advocates a peaceful resolution to the conflict in Kashmir in accordance with relevant United Nations Security Council resolutions.
Despite this, we are informed that President Qayoom continues to be held in “preventive” detention, with no charges filed against him, based on the 1978 Jammu and Kashmir Public Safety Act that allows pre-trial detention for up to two years. We understand that President Qayoom suffers from a number of life-threatening ailments and had a heart attack while in detention. To continue to detain him in difficult conditions, without charge, not only denies him his liberty but also places his life at risk.
July 2020
Originally published