This is a statement by Amnesty International that demands that the government of India immediately release all those arbitrarily detained, restore full internet access and actively pursue trust building measures with the people of the Kashmir region. Since 5 August, Jammu & Kashmir has witnessed a substantial rise in the number of cases of arbitrary detentions and the arrest of minors. Data accessed by Amnesty International India from 37 Tehsils (sub-districts) and 12 jails across Jammu & Kashmir show that at least 1,249 people were administratively detained, i.e. without any charge or trial by authorities. Consequences were felt disproportionately by people from Kashmir region who constituted over 90% of the total population sent to jails. Amnesty International India also found cases of at least 34 children who were lodged in jails under different laws. Furthermore, at least 251 prisoners were shifted out of Jammu & Kashmir of which at least 23 suffered from health ailments.
Topics: covid-19 measures, information blockades, communal politics, rise in arbitrary detentions
Terms: arbitrary detention, detention without charge, detention on verbal orders, detention of minors, lack of transpoarency, denial of access to justice, public health as a pretext, Section 107 of the Code of Criminal Procedure, Section 151 of the Code of Criminal Procedure, Public Safety Act (PSA), information blockade, lockdowns, internet blockade, denial of the right to freedom of speech, denial of the right to fair trial, violation of right of habeas corpus
After interviewing over a dozen detainees, journalists, lawyers and businesspersons and obtaining information through 255 Right to Information applications and communications to government departments in Jammu & Kashmir, the organisation has documented the use of administrative detention on adults and minors often through verbal orders, prolonged communication blockade and absolute lack of transparency in the region.
“A public health emergency is not an opportunity to bypass accountability. Continuing use of unlawful and arbitrary detention along with limited internet connectivity and medical facilities only add to the panic, fear and anxiety caused by COVID-19. The people of Jammu & Kashmir are entitled to live with dignity and be informed of the threats that COVID-19 pose to their health. Measures must be taken to protect people’s human rights in the region of Jammu & Kashmir and not further weaken them,” said Avinash Kumar, Executive Director of Amnesty International India.
Most shockingly, Amnesty International India found that the executive magistrates in the region issued verbal orders of detentions under Section 107 and 151 of the Code of Criminal Procedure, which also allows for administrative detention, without keeping any record. Overly broad and vague orders of detention were passed under the PSA against political leaders for objecting to ruling Bharatiya Janata Party’s (BJP) ‘communal politics’ or for the ‘green colour’ of their party flag or conducting activities under the ‘guise of politics’. Several former detainees and their families expressed unwillingness to speak about their detentions for fear of reprisals.
March 2020
Originally published
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