Third-party content reporting violations of international law in Indian-Administered Jammu and Kashmir.
This report is based on the primary and secondary source of information collected by team of Legal Forum for Kashmir, including official sources, media sources, NGO reporting and primary reports from victim families. Between January and June 2023, at least 113 cordon and search operations, 126 killings, 91 incidents of property destruction, 109 internet shutdowns and 5,392 arrests were reported.
Topics: human rights violations, heightened militarization, freedom of expression, association, assembly and free movement, the NIA's disturbing tactics, land grabbing, enforced disappearances, ceasefire violations, list of civilians killed, list of Indian forces killed, list of freedom fighters killed, list of individuals detained
Terms: a narrative to win hearts of kashmiris, instances of atrocity crimes, G20 tourism working group meeting, religious freedom, arbitrary detention, Public Safety Act (PSA), Unlawful Activities (Prevention) Act (UAPA), silencing dissent, suppression of expression, raids, arrests and residential properties attached, expropriation of property, destruction fo property, NIA seeking death sentence for Yasin Malik
Originally published
July 2023
This report is based on the primary and secondary source of information collected by team of Legal Forum for Kashmir, including official sources, media sources, NGO reporting and primary reports from victim families. Between January and June 2023, at least 113 cordon and search operations, 126 killings, 91 incidents of property destruction, 109 internet shutdowns and 5,392 arrests were reported.
Topics: human rights violations, heightened militarization, freedom of expression, association, assembly and free movement, the NIA's disturbing tactics, land grabbing, enforced disappearances, ceasefire violations, list of civilians killed, list of Indian forces killed, list of freedom fighters killed, list of individuals detained
Terms: a narrative to win hearts of kashmiris, instances of atrocity crimes, G20 tourism working group meeting, religious freedom, arbitrary detention, Public Safety Act (PSA), Unlawful Activities (Prevention) Act (UAPA), silencing dissent, suppression of expression, raids, arrests and residential properties attached, expropriation of property, destruction fo property, NIA seeking death sentence for Yasin Malik
Originally published
July 2023
This report documents how internet shutdowns in India and IAJK disproportionately harm millions of people living with poverty and social marginalization who depend on state welfare schemes, denying them access to basic rights and entitlements guaranteed under the Indian constitution and international human rights law. The report finds that the decisions by authorities at both central and state levels to disrupt internet access are often erratic, wholly unnecessary and disproportionate in violation of international legal standards.
Topics: lack of official data, digital India, legal provisions allowing internet suspension, impact of internet shutdowns on human rights, Jammu and Kashmir: India's longest internet blackout, impact on government's social protection measures, arbitrary internet shutdowns, India's obligations under international law, recommendations, list of internet shutdowns in India
Terms: Indian Telegraph Act, Section 144, New Telecom Bill, Anuradha Bhasin v. Union of India, denial of right to free expression, denial of righg to free assembly, violation fo media freedom, denial of access to education, denial of right to health, denial of right to livelihood
Originally published
June 2023
This report documents how internet shutdowns in India and IAJK disproportionately harm millions of people living with poverty and social marginalization who depend on state welfare schemes, denying them access to basic rights and entitlements guaranteed under the Indian constitution and international human rights law. The report finds that the decisions by authorities at both central and state levels to disrupt internet access are often erratic, wholly unnecessary and disproportionate in violation of international legal standards.
Topics: lack of official data, digital India, legal provisions allowing internet suspension, impact of internet shutdowns on human rights, Jammu and Kashmir: India's longest internet blackout, impact on government's social protection measures, arbitrary internet shutdowns, India's obligations under international law, recommendations, list of internet shutdowns in India
Terms: Indian Telegraph Act, Section 144, New Telecom Bill, Anuradha Bhasin v. Union of India, denial of right to free expression, denial of righg to free assembly, violation fo media freedom, denial of access to education, denial of right to health, denial of right to livelihood
Originally published
June 2023
This opinion from the UN Working Group on Arbitrary Detention finds that Khurram Parvez is arbitrarily detained and that his deprivation of liberty is in contravention of articles 2, 7, 9, 11, 19 and 20 of the Universal Declaration of Human Rights and 2, 9, 14, 15, 19, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, II, III and V, requests the Government of India to take the steps necessary to remedy the situation of Mr. Parvez without delay, release Mr. Parvez immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
Topics: arbitrary detention, Khurram Parvez
Terms: Unlawful Activities (Prevention) Act, violation of freedom of opinion, expression and association, violation of right to the presumption of innocence and the right against self-incrimination, violations of due process and fair trial rights, reprisals, discrimination based on political or other views
Originally published
June 2023
This opinion from the UN Working Group on Arbitrary Detention finds that Khurram Parvez is arbitrarily detained and that his deprivation of liberty is in contravention of articles 2, 7, 9, 11, 19 and 20 of the Universal Declaration of Human Rights and 2, 9, 14, 15, 19, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, II, III and V, requests the Government of India to take the steps necessary to remedy the situation of Mr. Parvez without delay, release Mr. Parvez immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
Topics: arbitrary detention, Khurram Parvez
Terms: Unlawful Activities (Prevention) Act, violation of freedom of opinion, expression and association, violation of right to the presumption of innocence and the right against self-incrimination, violations of due process and fair trial rights, reprisals, discrimination based on political or other views
Originally published
June 2023
This communication from the UN Working Group on Enforced or Involuntary Disappearances and the UN Special Rapporteurs on the situation of human rights defenders, the rights to assembly and association and the promotion and protection of human rights and fundamental freedoms while countering terrorism expresses serious concern at the arrest, detention and accusations brought against Irfan Mehraj and Khurram Parvez, which gravely conflates their legitimate human rights work with terrorism. The UN human rights experts "underline the legitimacy of their work" and note that their persecution is "designed to delegitimize their human rights work and obstruct monitoring of the humanrights situation in India-administered Jammu and Kashmir."
Topics: arrest and arbitrary detention of human rights defenders Irfan Mehraj and Khurram Parvez
Terms: March 2023 arbitrary detention of Irfan Mehraj, November 2021 arbitrary detention of Khurram Parvez, Jammu Kashmir Coalition of Civil Society, abuse of counter-terror laws, Unlawful Activities (Prevention) Act (UAPA), abuse of terror funding laws, Financial Action Task Force (FATF)
Originally published
June 2023
This communication from the UN Working Group on Enforced or Involuntary Disappearances and the UN Special Rapporteurs on the situation of human rights defenders, the rights to assembly and association and the promotion and protection of human rights and fundamental freedoms while countering terrorism expresses serious concern at the arrest, detention and accusations brought against Irfan Mehraj and Khurram Parvez, which gravely conflates their legitimate human rights work with terrorism. The UN human rights experts "underline the legitimacy of their work" and note that their persecution is "designed to delegitimize their human rights work and obstruct monitoring of the humanrights situation in India-administered Jammu and Kashmir."
Topics: arrest and arbitrary detention of human rights defenders Irfan Mehraj and Khurram Parvez
Terms: March 2023 arbitrary detention of Irfan Mehraj, November 2021 arbitrary detention of Khurram Parvez, Jammu Kashmir Coalition of Civil Society, abuse of counter-terror laws, Unlawful Activities (Prevention) Act (UAPA), abuse of terror funding laws, Financial Action Task Force (FATF)
Originally published
June 2023
This communication from the UN Working Group on Arbitrary Detention and the UN Special Rapporteurs on the situation of human rights defenders, the promotion of freedom of speech, the rights to assembly and association, the promotion and protection of human rights and fundamental freedoms while countering terrorism and torture expresses serious concern regarding the arbitrary detetnion and ill-treatment of Muhammad Ahsan Untoo, the misuse of counter-terror laws to retaliate against human rights defenders and poor conditions of detention, indefinite detention and detention with charge or trial. The UN human rights experts note that "his detention appears to be part of a strategy to disrupt, intimidate, detain and punish those engaging in journalism and human rights advocacy."
Topics: arbitrary detention and ill-treatment of human rights defender Muhammad Ahsan Untoo
Terms: January 2022 arbitrary detention of Muhammad Ahsan Untoo, International Forum for Justice and Human Rights Jammu Kashmir, ill-treatment, torture, Unlawful Activities (Prevention) Act (UAPA), Jammu Kashmir Public Safety Act (PSA), revolving door detention, violaiton of right to fair trial, violation of right to habeas corpus, violation of right to liberty, poor prison conditions, denial of medical treatment, physical torture, sexual torture, special cell, Security Council Resolution 1566, Nelson Mandela Rules, International Covenant on Civil and Political Rights (ICCPR), UN Declaration on Human Rights Defenders
Originally published
April 2023
This communication from the UN Working Group on Arbitrary Detention and the UN Special Rapporteurs on the situation of human rights defenders, the promotion of freedom of speech, the rights to assembly and association, the promotion and protection of human rights and fundamental freedoms while countering terrorism and torture expresses serious concern regarding the arbitrary detetnion and ill-treatment of Muhammad Ahsan Untoo, the misuse of counter-terror laws to retaliate against human rights defenders and poor conditions of detention, indefinite detention and detention with charge or trial. The UN human rights experts note that "his detention appears to be part of a strategy to disrupt, intimidate, detain and punish those engaging in journalism and human rights advocacy."
Topics: arbitrary detention and ill-treatment of human rights defender Muhammad Ahsan Untoo
Terms: January 2022 arbitrary detention of Muhammad Ahsan Untoo, International Forum for Justice and Human Rights Jammu Kashmir, ill-treatment, torture, Unlawful Activities (Prevention) Act (UAPA), Jammu Kashmir Public Safety Act (PSA), revolving door detention, violaiton of right to fair trial, violation of right to habeas corpus, violation of right to liberty, poor prison conditions, denial of medical treatment, physical torture, sexual torture, special cell, Security Council Resolution 1566, Nelson Mandela Rules, International Covenant on Civil and Political Rights (ICCPR), UN Declaration on Human Rights Defenders
Originally published
April 2023