Posts Tagged ‘Khurram Parvez’

India sinking in civic freedoms survey

March 21, 2022

While the world’s attention is understandably focused on the war in Ukraine, other major countries should not stay outside the limelight, e.g. India (conspicuously absent in the condemnation of the aggression) which continues to flaunt human rights. [See e.g. https://humanrightsdefenders.blog/2022/01/28/anti-terror-laws-in-india-keep-being-used-against-human-rights-defenders/].

On 10 March 2022, The Wire in New Delhi reported that India has been added to CIVICUS’ watchlist of countries that have seen a “rapid decline” in civic freedoms by an independent monitor, highlighting the drastic measures taken by Prime Minister Narendra Modi to silence critics of his Bharatiya Janata Party (BJP).

India and Russia were added to CIVICUS Monitor’s Watchlist. CIVICUS Monitor is an online platform that tracks the latest developments to civic freedoms, including the freedoms of expression, association and peaceful assembly, across 197 countries and territories.

India has remained a “repressed” nation in the ‘People Power Under Attack 2021’ report by the CIVICUS Monitor, along with 48 other countries including Afghanistan, Russia and Hong Kong. Its rating was first downgraded in 2019, “due to a crackdown on human rights activists, attacks on journalists and civil society groups, and the assault on civic freedoms in Indian administered Jammu and Kashmir”.

This rating is typically given to countries where civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights.

In its report, CIVICUS highlighted several developments that it saw as cause for concern.

In January, the Central Bureau of Investigation conducted raids on Madurai-based human rights watchdog, People’s Watch. The raid came against the backdrop of 6,000 other civil society organisations, including Oxfam, losing their foreign funding licenses under the controversial Foreign Contribution (Regulation) Act. Greenpeace and Amnesty International are among the civil society groups that have had to close their offices in India.

Meanwhile, scores of human rights defenders and activists remain in detention under the draconian Unlawful Activities (Prevention) Act (UAPA) and other laws. They include the 15 human rights defenders linked to the 2018 Bhima Koregaon incident who have been accused of having links with Maoist organisations, based on evidence believed to be “fabricated”.

Waiting for bail, 84-year-old tribal rights activist Stan Swamy, who remained in custody since October 2020 in the Elgar Parishad case under UAPA, died in July last year. [Update on this case: The death of Jesuit priest and Adivasi rights activist Stan Swamy in judicial custody will “forever remain a stain on the human rights record of India”, says a new brief by the United Nations’ Working Group on Arbitrary Detention. The group had formally adopted its opinion on Swamy’s death during its 92nd session on November 16, last year but made its comments public just this week. The Working Group transmitted to the Indian Government a communication concerning Swamy on May 12 last year, but did not receive any response. India is a party to the International Covenant on Civil and Political Rights [ICCPR]. In its communication, the Working Group urged the Government to prioritize the use of non-custodial measures at all stages of criminal proceedings, including during the pretrial phase, in the current context of a global pandemic. Furthermore, its source submitted that placing Father Swamy in prison increased his risk of contracting COVID-19 and thus put his life at risk. The failure of the Government to heed these prescient warnings led to his avoidable death in custody, the opinion states.] [https://theleaflet.in/un-working-group-asks-india-to-accord-stan-swamys-family-with-compensation-and-reparations-under-international-law/]

Further, at least 13 activists who were arrested under the UAPA for their work against the Citizenship (Amendment) Act (CAA) 2019 remain in detention. The slow investigative processes and extremely stringent bail provisions ensure that those detained under the law are held in pre-trial detention for long periods.

“The office raids and foreign funding bans are part of the government’s strategy to harass and silence their critics,” said Josef Benedict, Civic Space Researcher for the CIVICUS Monitor. “The use of broadly worded anti-terrorism laws against activists, journalists, academics, and students, reflect a multi-year decline in the state of civic and democratic freedoms in the country.”

Journalists have continued to be targeted in India for their work in recent months and there have also been concerns about the widespread surveillance of activists, journalists and others critical of the Modi government following the Pegasus spyware expose.

The government must release all human rights defenders detained and come clean about its surveillance of activists and journalists as well as establish an independent and effective oversight mechanism to monitor all stages of interceptions of communications,” said Henri Tiphagne, national working secretary of HRDA – India.

In a letter addressed to Prime Minister of India Narendra Modi, 21 members of European Parliament stated, “We, the undersigned Members of the European Parliament, are writing to express our concern over the treatment of human rights defenders (HRDs) in India.” “We have followed cases of HRDs being jailed for their peaceful work, targeted under anti-terror laws, labeled as terrorists, and facing increasing restrictions on their ability to safely mobilize and access funds due to restrictive legislation. We are especially concerned about the safety of unjustly jailed defenders with emphasis on 15 HRDs accused in what is known as the Bhima Koregaon case and 13 defenders currently in jail for their campaign against the Citizenship Amendment Act (CAA).”

They expressed worry that the prominent human rights defender Khurram Parvez remained in detention under the UAPA in one of the most overcrowded and unsanitary prisons in the country for his documenting of rights violations in Indian-administered Kashmir.

Echoing calls by UN experts, they viewed their case as emblematic of the way the Indian government “continues to use the UAPA as a means of coercion to restrict human rights defenders’ fundamental freedoms in the country.” [see also: https://humanrightsdefenders.blog/2021/11/23/india-arrests-khurram-parvez-again/]

See also 31 March: https://www.hrw.org/news/2022/03/31/human-rights-watch-submission-universal-periodic-review-india

https://thewire.in/rights/for-rapid-decline-in-civic-freedoms-india-added-to-civicus-monitors-watchlist

India arrests Khurram Parvez again

November 23, 2021

The National Investigation Agency (NIA) of India arrested on Monday, 22 November 2021 prominent human rights defender Khurram Parvez after a day of extensive searches at his residence and office in Jammu and Kashmir capital Srinagar. He is an internationally recognized human rights defender, see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3

A family member told The Wire that Khurram’s residence in the city’s Sonawar locality was raided by NIA officials who were accompanied by local police and paramilitary troopers, on Monday morning. Another raid was carried out later in the day at his office in the Amira Kadal locality.

The raids were carried out in connection with a case (RC 30/2021) filed by the agency earlier this year.

Sources said the investigators confiscated Khurram’s mobile phone, laptop, some books and documents from his office and residence before taking him to the agency’s camp office in Srinagar’s Church Lane on Monday afternoon. “In the evening, we got a call to bring his clothes,” said a family member, adding that his wife and their son went to the office and handed his clothes to the officials there.

The NIA has not so far issued any statement on the arrest of Khurram, who is also the chairman of Asian Federation Against Involuntary Disappearances. Sources said his family was handed the arrest memo on Monday evening and he is likely to be flown to New Delhi on Tuesday.

The United Nations said it was disturbed by the reports of Khurram’s arrest, “I’m hearing disturbing reports that  Khurram Parvez was arrested today in Kashmir & is at risk of being charged by authorities in #India with terrorism-related crimes. He’s not a terrorist, he’s a Human Rights Defender,” Mary Lawlor, UN Special Rapporteur on Human Rights Defenders, tweeted. David Kaye, a former UN Special Rapporteur, said Khurram’s arrest under terrorism charges was “yet another extraordinary abuse in Kashmir.”

World Organisation Again Torture (OMCT), a Geneva based non-profit which works with groups across the world to fight for human rights, said it was “deeply concerned” by Khurram’s arrest, “We are deeply concerned about the high risk of torture while in custody. We call for his immediate release,” OMCT said in a tweet.
One of the most prominent rights defenders from Kashmir, Khurram has extensively worked on documenting the abuses allegedly committed both by security forces and militants in Kashmir as coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS), a rights group based in Srinagar. See also: https://humanrightsdefenders.blog/2016/12/01/human-rights-defender-khurram-parvez-reluctantly-released-in-india/

The JKCCS has published more than a dozen reports on human rights abuses in Kashmir and its last report, ‘Kashmir’s Internet Siege’ focused on the mass detentions and the reported breakdown of the judicial system in Jammu and Kashmir in the aftermath of the reading down of Article 370. See also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

Khurram’s last tweet on August 30 this year was about a programme organised by Asian Federation Against Involuntary Disappearances and its members countries across Asia who pledged “that truth will not be buried, disappeared won’t be ever forgotten & perpetrators will never be forgiven.”

However, India’s government resists any notion of having acted wrongly:

Ministry of External Affairs (MEA) spokesperson Arindam Bagchi said that the [UN] statement makes “baseless and unfounded allegations” against Indian security forces. “It also betrays a complete lack of understanding on the part of the OHCHR of the security challenges faced by India from cross-border terrorism and its impact on the most fundamental human right ‘the Right to Life’ of our citizens, including in Jammu and Kashmir,” he said.

Asserting that all actions are undertaken in accordance with the law, he said, “We urge the OHCHR to develop a better understanding of the negative impact of terrorism on human rights.”

https://www.sbs.com.au/news/prominent-human-rights-activist-arrested-by-india-s-top-anti-terrorism-agency/9b91bc37-0dd2-48d4-aedc-b020fb36ea54

https://www.telegraphindia.com/india/valley-rights-activist-khurram-parvez-detained-by-nia/cid/1840157

https://thewire.in/rights/khurram-parvez-nia-arrest

https://www.reuters.com/world/india/un-criticises-disturbing-arrest-rights-activist-indian-kashmir-2021-11-23/

https://www.thehindu.com/news/national/other-states/global-rights-bodies-call-for-release-of-kashmir-based-activist-khurram-parvez/article37640132.ece

https://thewire.in/diplomacy/un-ohchr-khurram-parvez-arrest-india-dismiss

Parveena Ahangar and Parvez Imroz in Kashmir awarded Rafto Prize 2017

September 30, 2017

Several newspapers (here the Indian Express) referred to the announcement of the RAFTO award 2017. On Thursday the Bergen-based group announced that the award has gone to human rights defenders Parveena Ahangar and Parvez Imroz for their campaign “to expose human rights violations, promote dialogue and seek peaceful solutions to the intractable conflict in Kashmir that has inspired new generations across communities.” The Rafto Foundation noted “Parveena Ahangar and Imroz Parvez have long been at the forefront of the struggle against arbitrary abuses of power in a region of India that has borne the brunt of escalating violence, militarisation and international tension.” For more on the Rafto award, see: http://trueheroesfilms.org/thedigest

Terming the award an acknowledgement from Europe, Imroz, human rights lawyers and the founder of the Jammu Kashmir Coalition of Civil Society (JKCCS) said, “This helps to remind us that the international community has taken note of our struggles and our work.” “The state extends its control over every aspect of this conflict…. Speaking truth to power is not easy in these circumstances. This award is a recognition of the civil society in Kashmir” [see also https://humanrightsdefenders.blog/2016/12/01/human-rights-defender-khurram-parvez-reluctantly-released-in-india/

Source: J&K activist, lawyer awarded Rafto Prize | The Indian Express

Human rights defender Khurram Parvez (reluctantly) released in India

December 1, 2016

On 23 September 2016 I reported on the arrest of  human rights defender Khurram Parvez [https://thoolen.wordpress.com/2016/09/23/khurram-parvezs-re-arrest-in-kashmir-illustrates-draconian-use-of-public-safety-act/#more-8476] in Jammu and Kashmir. A great many interventions by human rights NGOs focused on this case which highlights the draconian use of India’s Public Safety Act (PSA).

On 30 November 2016, Khurram Parvez was released from jail but even this was not done without wrangling by the police as reported by Front Line on 30 November: On 25 November 2016, the High Court of Jammu and Kashmir in Srinagar quashed the order of detention under the Public Safety Act (PSA) and ordered the immediate release of Khuram Parvez.  Justice Muzaffar Hussain Attar in his order said Khuram Parvez’s detention was “illegal”. However, in the judge’s order there was a small clerical error, so the police at Jammu’s Kot Balwal jail decided to keep Khurram Parvez in detention until a corrigendum could be issued. On 29 November 2016 at 3 pm the Jammu’s Kot Balwal jail received the corrigendum, but did not release Khurram Parvez. Instead, at around 5 pm of the same day, he was taken to the joint interrogation centre at Meeran Sahib, Jammu. No reasons were provided for his continued detention to the human rights defender or his legal counsel. Khurram Parvez was released on the morning of 30 November. 

[Khurram Parvez is the Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD), a collective of 13 non-governmental organizations from ten Asian countries, that campaign on the issue of enforced disappearances. He is also the Programme Coordinator of the Jammu Kashmir Coalition of Civil Society (JKCCS), which is a coalition of various campaign, research and advocacy organisations based in Srinagar, Jammu and Kashmir, which monitor and investigate human right abuses. See: https://www.frontlinedefenders.org/en/profile/khurram-parvez]

Note that Khurram’s Asian Federation Against Involuntary Disappearances (AFAD) won the 2016 Asia Democracy and Human Rights Award [https://thoolen.wordpress.com/2016/11/11/anti-disappearances-ngo-wins-asian-human-rights-award/]

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Khurram Parvez’s re-arrest in Kashmir illustrates draconian use of Public Safety Act

September 23, 2016
 Kashmir activist arrest highlights Indian detention law

The detention of a Kashmiri human rights defender on Wednesday, the day after a court had ordered his release from a previous arrest, has prompted concerns that Indian authorities have stepped up their use of laws that allow detention without trial.  Khurram Parvez was due to be released after being arrested a week earlier but has instead been moved to prison after the Jammu and Kashmir state government approved a Public Safety Act (PSA) order, which allows administrative detention without trial for up to six months.

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