Posts Tagged ‘Khurram Parvez’

Join the campaign #EndReprisals: 4 examples of eminent HRDs being silenced

May 16, 2024

Human rights defenders and civil society are the voices of our communities. These voices must be at the heart of decision and policy making at all levels. Yet, some States and non-states actors feel those voices are too loud. Cao Shunli, Chinese human rights defender, victim of reprisals who died in detention 10 years ago. Around the world, inspiring voices echo Cao’s ambition, on different issues and in different contexts, but with the same aspiration: promoting and protecting human rights. In so doing, many have engaged with the United Nations to share evidence of abuses with experts and States. Regrettably, some are facing the same form of reprisals as Cao, and are now arbitrarily detained. 

These include Trang in Viet Nam, Irfan and Khurram in India and Abdulhadi in Bahrain.

It’s time to take a stand. Join us in our campaign to #EndReprisals and call for the release of Trang, Abdulhadi, Khurram and Irfan. Let’s ensure that no one else faces Cao’s fate. Their voices deserve to be heard, and their freedom and lives must be protected.

Abdulhadi Al-Khawaja

Abdulhadi Al-Khawaja is a Bahraini-Danish advocate known for his unwavering commitment to freedom and democracy. An outspoken human rights defender he serves as a source of inspiration for activists in Bahrain and globally. Abdulhadi has protested Bahrain’s unlawful detention and torture of several civilians since he was a student. He received political asylum in Denmark with his family where he continued his advocacy work, documenting human rights violations in Bahrain. 

He became the first civil society representative to speak at the first Universal Periodic Review of Bahrain in 2008.  He is the co-founder of both the Gulf Centre for Human Rights and the Bahrain Center for Human Rights, as well as the laureate of the 2022 Martin Ennals Award. [https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d]

Abdulhadi Al-Khawaja was included for five times in the Secretary-General report on reprisals, noting “allegations of arbitrary arrest, torture and lengthy sentence following his engagement with United Nations human rights mechanisms.” In 2012, the Working Group on Arbitrary Detention found the detention of Abdulhadi arbitrary.

See also: https://humanrightsdefenders.blog/tag/abdulhadi-alkhawaja/

Pham Doan Trang

Pham Doan Trang is an author, blogger, journalist and pro-democracy activist from Viet Nam. She is a well-known advocate for human rights and has written on a wide range of human rights topics, including LGBTQI+ rights, women’s rights, environmental issues and on the suppression of activists.

She is considered among the most influential and respected human rights defenders in Viet Nam today. She has always been a major source of inspiration and mentorship for Vietnamese civil society and the next generation of human rights defenders.

Trang received the Reporters Without Borders 2019 Press Freedom Prize for Impact and was the Laureate of a Martin Ennals Award in 2022. As well as the Homo Homini in 2017 and the Women of Courage 2022. See: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba

Trang was prosecuted for her articles and reports on the human rights situation in Viet Nam, including an analysis of a 2016 report on the Formosa Ha Tinh Steel Plant environmental disaster that was shared with the United Nations. See also: https://humanrightsdefenders.blog/tag/pham-doan-trang/

Trang was the subject of several communications by special procedures mandate holders and an Opinion by the Working Group on Arbitrary Detention in 2021, which found her deprivation of liberty arbitrary. On 2 November 2022, experts addressed Trang’s detention, including restriction of her right to family visits and her deteriorating health status. 

Irfan Mehraj and Khurram Parvez

Khurram Parvez and Irfan Mehraj are two Kashmiri human rights defenders. They have conducted ground-breaking and extensive human rights documentation in the Indian-administered Jammu and Kashmir, including through their work within the Jammu Kashmir Coalition of Civil Society (JKCCS) – Khurram as founder and programme coordinator, and Irfan as a researcher.

Both activists have been internationally recognised for their work. Khurram is the Chairperson of the Asian Federation against Involuntary Disappearances (AFAD), Deputy General Secretary of the International Federation for Human Rights (FIDH) and a laureate of the 2023 Martin Ennals Award. [see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3]

Irfan is a well-regarded independent journalist with frequent contributions to Kashmiri, Indian and international news outlets. He is the founder of Wande Magazine and is an editor at TwoCircles.net. See also: https://humanrightsdefenders.blog/2023/09/05/un-special-rapporteurs-express-serious-concern-about-kashmiri-human-rights-defenders/

On 22 November 2021, Khurram was arrested again by the Indian Government, this time by India’s National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) and other laws, reportedly on allegations of “terrorism funding, being a member of a terrorist organisation, criminal conspiracy, and waging war against the state.” He remains in arbitrary detention to this day. 

Meanwhile, on 20 March 2023, Irfan was summoned for questioning and arbitrarily detained by the NIA in Srinagar also under provisions of the UAPA and other laws.  The NIA targeted Irfan for being ‘a close associate of Khurram Parvez.’ Both Khurram and Irfan are presently in pre-trial detention in the maximum-security Rohini prison in New Delhi, India. If convicted, Khurram and Irfan could face life imprisonment or even the death penalty.  

Khurram’s situation has been included in the Secretary-General’s report on reprisals since 2017 and Irfan’s case was included in the 2023 report.

In June 2023, United Nations experts expressed serious concerns regarding the charges against and arrest of Irfan and Khurram, stating that their continued detention is ‘designed to delegitimise their human rights work and obstruct monitoring of the human rights situation in Indian-administered Jammu and Kashmir.’ The United Nation Working Group on Arbitrary Detention (WGAD) published an opinion in the same year, finding Khurram’s detention arbitrary. 

What do we want? It’s simple. We want Irfan, Khurram, Trang and Abduhadi to be freed so they can continue their work without fear of further reprisals, and we want accountability for Cao. 

How do we achieve this?

We mobilise diplomatic missions, encouraging them to speak out and raise individual cases of reprisals against defenders at the UN and in other spaces and hold their peers to account. We convince the UN Secretary General and his team to acknowledge and document ALL cases of reprisal and intimidation by including them in his annual report on reprisals and intimidation against defenders engaging or seeking to engage with the UN and its human rights mechanisms. We push the UN system to establish clearer protocols on how to consistently and effectively prevent, respond and follow up on cases of reprisals.  We encourage governments, activists, and concerned individuals to stand in solidarity with human rights defenders and organisations who are subjected to reprisals and intimidations.

What can you do?

To achieve our goals, we are drawing attention to some of the most emblematic cases of reprisals that illustrate how human rights defenders are prevented from or punished for engaging with the UN.   Here are impactful actions you can take:

Write to State representatives at the UN in Geneva and New York

ISHR’s #EndReprisals database

In order to assist stakeholders with research, analysis and action on cases of reprisals and intimidation, ISHR launched an online database compiling cases or situations of intimidation and reprisals documented by the United Nations (UN) Secretary-General between 2010 and 2020.

  • 878 Cases of intimidation and reprisals against human rights defenders engaging with the UN reported by the UN Secretary General between 2010 and 2020.
  • 81 Countries were cases of reprisals were documented by the UN Secretary-General between 2010 and 2020.
  • 13 Reports published by the UN Secretary General on intimidation and reprisals.

Visit ISHR’s #EndReprisal database

https://ishr.ch/campaign/endreprisals2024

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UN Special Rapporteurs express serious concern about Kashmiri human rights defenders

September 5, 2023

The Pakistan Observer of August 11, 2023 carries the story which I wished Indian newspapers would also cover..:

The UN Special Rapporteur on Human Rights Defenders and other UN experts have expressed their serious concern at the arrest, detention and accusations brought against Kashmiri human rights defenders Irfan Mehraj and Khurram Parvez, which they said are “designed to delegitimize their human rights work and obstruct monitoring of the human rights situation in” Indian occupied Jammu and Kashmir

A joint communication released by the UN Special Rapporteur on Human Rights Defenders and other UN experts, and which is available at the website of the UN Special Rapporteur on Human Rights Defenders [https://srdefenders.org/india-arrest-detention-of-kashmiri-human-rights-defenders-irfan-mehraj-khurram-parvez-joint-communication/], said, “We underline the legitimacy of their work and of the activities of the JKCSS and express our fear that the arrest and detention of Mr. Mehraj, as well as the continued detention of Mr. Parvez since 2021 and his involvement in the second case at hand, are designed to delegitimize their human rights work and obstruct monitoring of the human rights situation in India-administered Jammu and Kashmir. [see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3]

“As we have repeatedly stressed in the past, counter-terrorism legislation should never be used to sanction human rights defenders. We express our abhorrence at the continued instrumentalization of national-security measures and discourse to undermine, obstruct and persecute those peacefully promoting, defending and seeking the advancement of human rights in the country, as well as to frustrate accountability for human rights violations.”

Disagreeing with the definition of a terrorist by the Modi government, the joint communication said, “As we previously raised in OL IND 7/2020, we are deeply concerned about the definition of ‘terrorist act’ in the UAPA, which substantially departs from the model definition offered by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and provides broad powers to the executive, without oversight or control from the judiciary. We further remind your Excellency Government that the definition of terrorism and terrorism offences must be ‘genuinely’ terrorist in nature in accordance with the elements identified by the Security Council in its resolution 1566 (2004).”

The statement warned that “Conflation of human rights work with terrorism is inconsistent with the obligations of State affirmed by the Security Council that counter-terrorism activities by States should not conflict with other international law obligations, particularly human rights, and with the agreed consensus of Member States contained in the Global Counter-Terrorism strategy opposing the misuse of counter-terrorism measures against civil society (A/RES/60/288).”

“We also note our deep concerns about allegation of ‘terror funding’ and highlight that the Financial Action Task Force (FATF) has set forth international practices and guidelines aimed at preventing global money laundering and terrorist financing. The FATF recommendations, while non-binding, provide recognized international guidance for the countering of terrorism financing. Recommendation (1) states that ‘countries should apply a risk-based approach (RBA) to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the risks identified’ Recommendation (8) provides guidance to States on the laws and regulations that should be adopted to oversee and protect NPOs that have been identified as being vulnerable to terrorist financing concerns.”

“Such measures must be ‘focused and proportionate’; ‘ ‘one size fits all’ approach to address all NPOs is not appropriate.’ FATF has reaffirmed that State compliance with Recommendation (8) and the other FATF Recommendations ‘should not contravene a country’s obligations under the Charter of the United Nations and international human rights law to promote universal respect for, and observance of, fundamental human rights and freedoms, such as freedom of expression, religion or belief and freedom of peaceful assembly and of association.”

Blaming India for targeting civil society, the joint statement said, “We are concerned that these arrests appear to contravene a “risk-based” approach to countering terrorism finance and appear to demonstrate a misuse of countering terrorism finance laws and practice to disproportionately target civil society.”

It is worth mentioning here that the “communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of India on 5 June 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame.”

The communication stated that “If a reply is received it will be posted on the UN Special Procedures communications database”.

“Since the communication was sent, the detention of Mr. Mehraj and Mr. Parvez has twice been extended following petitions by the National Investigation Agency (NIA), with the latest extension granted on 27 July 2023. Both human rights defenders remain detained in Rohini Prison in Delhi”.—KMS.

see also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

https://www.ohchr.org/en/press-releases/2023/03/india-un-expert-demands-immediate-end-crackdown-kashmiri-human-rights

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28286

UN rights defenders, experts say India misusing laws to disproportionately target civil society in IIOJK

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About the ‘Stand As My Witness’ campaign which advocates on behalf of imprisoned Human Rights Defenders Around the World

August 12, 2023

Photo by Markus Spiske on Unsplash

On 4 August 2023, Jaxx Artz in Global Citizen explains the Stand As My Witness’ campaign:

Stand As My Witness was created in response to a growing trend in which civil society actors were arrested for their human rights work. Formerly known as Civil Society Behind Bars, the initiative is one of CIVICUS’ most effective strategies when it comes to sounding the alarm about the plights faced by HRDs around the world. According to the global alliance, hostile government actors and authoritarian regimes often use flawed legal processes with little oversight in order to prosecute activists. “[There are targeted attacks] against people uncovering high-level corruption, exposing very serious human rights violations, calling for accountability, and seeking to drive change in their societies,” Mandeep Tiwana, chief programs officer at CIVICUS, told Global Citizen.

As part of the campaign’s goal to spread awareness about some of the world’s imprisoned activists, CIVICUS profiles a handful of detained HRDs on their website. In actuality, these names and cases represent just a small percentage of people who are currently in prison because of their activism, and whom CIVICUS is trying to get released.

Abdulhadi al-Khawaja, founder and president of the Bahrain Center for Human Rights, who was forcibly arrested by Bahraini authorities. [see: https://humanrightsdefenders.blog/tag/abdulhadi-alkhawaja/ and https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d]

As the global conditions for civic society worsen — with only 3.2% of the world’s population living in countries where civic space is considered open, according to the international global alliance CIVICUS — human rights defenders (HRDs) like al-Khawaja increasingly face the risk of government retaliation. 

“The detention of HRDs is often arbitrary and a form of reprisal for the work [they] do,” David Kode, advocacy and campaigns lead at CIVICUS, told Global Citizen. “Take al-Khawaja, for example, who has been in prison since 2011 and is serving a life sentence. Despite many advocacy efforts, the Bahraini authorities seem to be bent on ‘punishing’ him and his family for calling for democratic reforms more than a decade ago.”

Made up of civil society organizations and activists across more than 175 countries, CIVICUS has been campaigning on behalf of HRDs since its founding in 1993. As part of their work, the Stand As My Witness campaign — launched over 10 years ago — has sought to encourage investigations into unlawful imprisonments and bring global attention to cases like al-Khawaja’s.

Belarus has been restricting civic space and activists for years, with attacks increasing since the 2022 elections. [see also; https://humanrightsdefenders.blog/tag/belarus/]

How Are Human Rights Defenders Being Targeted?

CIVICUS has found that the tactics used to target HRDs are eerily similar across national borders and, over the years, the trends have only become more apparent and concerning.

“[The imprisonment of HRDS] is often preceded by stigmatization about their work, which includes branding activists as security risks. We saw this happen a lot after the [Arab Spring] in the Middle East and North Africa in 2011,” Tiwana said. “A lot of authoritarian regimes became fearful of people organizing and coming out into the streets to engage in civil society.”

To limit public support of pro-democracy movements and ostracize activists from society, government officials may twist the narrative surrounding an HRD’s arrest and accuse them of being spies for other nations. They may also invoke counter-terrorism or security legislation to pressure judges and quickly detain organizers or protestors without arrest warrants.

Take Khurram Parvez, an HRD from Northern India who was arrested in 2021 on charges of conspiracy and terrorism, for example. Parvez’s work documenting human rights violations — which include instances of disappearance, torture, and unlawful killing — in the Jammu and Kashmir region of India caught the attention of Indian authorities who wanted to silence his advocacy work.

See: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3 and https://humanrightsdefenders.blog/tag/khurram-parvez/

CIVICUS currently advocates on behalf of Parvez through various strategies, such as raising concerns about his detention with the UN, holding meetings with diplomats in India, and encouraging the Human Rights Council in Geneva to put pressure on Indian officials to release him.

“We continue to raise concerns about his detention on social media, telling his story as a human rights defender and highlighting the gaps left by his detention in relation to the amazing work he does promoting human rights in Kashmir and supporting those who are forcibly disappeared in Asia,” Kode told Global Citizen. 

The private sector also plays an increasing role in silencing HRDs. Businesses may file strategic lawsuits against public participation (fittingly known as SLAPPs) against activists when their human rights work interferes with corporate profits or interests. [see: https://humanrightsdefenders.blog/tag/strategic-lawsuits-against-public-participation-slapps/]

In recent years, environmental activists and Indigenous land defenders have faced the brunt of the attacks as corporations file lawsuit after lawsuit restricting the right to protest, leading many activists to face house arrest, financial ruin, or imprisonment.

How Does Stand As My Witness Help Imprisoned HRDs?

Despite the myriad challenges that HRDs and civil society organizations face in their day-to-day work, CIVICUS’ Stand As My Witness campaign has been able to raise the profile of many activists who have been unjustly imprisoned.

Loujain al-Hathloul, for instance, is an HRD from Saudi Arabia who is well known for leading the campaign to legalize a woman’s right to drive. While in prison for nearly three years, al-Hathloul was subjected to severe torture from Saudi Arabian authorities, including electric shocks, flogging, and sexual assault, and denied regular access to see her family while in prison. See: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c

CIVICUS and other human rights organizations were able to mount an international campaign to bring attention to the years-long persecution faced by al-Hathloul and other women activists. The hashtag #FreeLoujain popped up across social media platforms, with global citizens around the world speaking up to urge Saudi Arabian authorities to release al-Hathloul.

While a national court initially sentenced al-Hathloul to five years and eight months for “conspiring against the kingdom,” she was released after 1,004 days. According to Tiwana, international pressure played a significant role in her release.

How Can Global Citizens Take Action?

The Stand As My Witness campaign relies on advocacy efforts from every part of civil society — when Global Citizens take action, for example, their voices can put an immense amount of pressure on world leaders.

“Hostile governments may have [HRDs] locked up for years, and it takes a concerted effort from relevant agencies, state actors, non-state actors, organizations, civil society, the media, and others to put enough pressure that leads to their release,” Tiwana said. “But justice often moves very slowly.”

One of the biggest challenges CIVICUS experiences with the Stand As My Witness campaign is engaging people during the life cycle of a case, which can often last several years. To fight against indifference, CIVICUS encourages Global Citizens everywhere to pay attention to the humanity of each activist who has dedicated their lives to the realization and protection of human rights.

You can get involved with the Stand As My Witness campaign by engaging with CIVICUS on social media, writing letters to government officials, and sharing information about HRDs who are not currently represented on CIVICUS’ interactive map. 

You can also demand that governments release HRDs from unjust imprisonment by taking action with Global Citizen on civic space issues.

https://www.globalcitizen.org/en/content/stand-as-my-witness/

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True Heroes Films launches HRDs animation pilot

February 7, 2023
The animation pilot series “True Heroes Are For Real” explores the moment when ordinary people stand up for justice. When does one become a human rights defender? On the 16th of February 2023, the Martin Ennals Award for Human Rights Defenders ceremony is taking place in Geneva and will celebrate three outstanding activists; Khurram Parvez from Kashmir, on of the 2023 Martin Ennals Award laureates is part of this animation pilot series. THE HEROES ANIMATIONS will also cover Ahmed Mansoor – UAE, Estela de Carlotto – Argentina, Asma Jahangir – Pakistan, Ilham Tohti – China, Eren Keskin – Turkey, and Sizani Ngubane – South Africa.

True Heroes Films (THF) collaborates with Human Rights Defenders through audio-visual communication. Besides the animation series, we are currently preparing a library of short messages to highlight the work and courage of these Heroes through different themes. Both projects are in the fundraising phase. Feel free to reach out if you would like to support our work.

Our True Heroes Digest of Awards is an overview of all international human rights awards and laureates. The Digest recognises and applauds those who stand up for their community. Recently it reached the milestone of over 3000 Human Rights Defenders: https://www.trueheroesfilms.org/thedi… .
We also have over 100 in-depth portraits and interviews with some of the most outstanding True Heroes of our time. View them on our website http://www.trueheroesfilms.org

Three outstanding activists who pioneered human rights movements in Chad, Venezuela, and Kashmir are to receive the Martin Ennals Award 2023 on February 16th in Geneva. The common denominator between the 2023 Laureates, Delphine Djiraibé (Chad), Feliciano Reyna (Venezuela), and Khurram Parvez (Kashmir) is their courage, passion, and determination to bring the voice of the voiceless to the international arena, despite the ongoing, sometimes life-threatening, challenges they endure. [see: https://humanrightsdefenders.blog/2023/01/19/breaking-news-laureates-of-the-mea-for-2023-announced/]The ceremony takes place on February 16th at 6.30 pm. To sign up: https://www.martinennalsaward.org/2023-edition/ 

https://mailchi.mp/81327afe3d34/true-heroes-are-for-real?e=ed48709ac7

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Breaking news: Laureates of the MEA for 2023 announced

January 19, 2023

Today the three Martin Ennals Award Laureates 2023 were announced !

The 2023 Laureates — Delphine Djiraibé (Chad), Feliciano Reyna (Venezuela), and Khurram Parvez (Jammu and Kashmir) — have each dedicated over 30 years of their lives to building movements which brought justice for victims, accountability from leaders, or medicines to the marginalized. They have made human rights real for thousands of people in their communities, despite the ongoing, sometimes life-threatening, challenges they endure.  For more on this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/043F9D13-640A-412C-90E8-99952CA56DCE

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Delphine Kemneloum Djiraibé was one of the first female lawyers in Chad and a pioneer of the human rights movement in one of the poorest countries in the world, fraught with corruption and human rights abuses. Convinced that her role is to “challenge the power”, Delphine has advocated on behalf of victims and the democratic process for over 30 years. She was a key figure in bringing the former dictator Hissène Habré to justice. Djiraibé heads the non-governmental organisation Public Interest Law Center (PILC), which trains volunteers and accompanies citizens seeking justice for violations of their rights. In recent years she has been particularly active in combating gender-based violence and is in the process of establishing the first women’s counselling center in Chad, which will include an emergency shelter for women affected by domestic violence. See also: https://www.trueheroesfilms.org/thedigest/laureates/5B701F71-12FD-B713-9F99-5E09B9AFD6DA

After the death of his partner Rafael from AIDS in 1995, Feliciano Reyna, then an architect, founded Acción Solidaria to provide much needed medication and treatment to Venezuelans living with HIV & AIDS. Feliciano and Acción Solidaria began advocating for access to health for the marginalised LGBTQI population in a country where healthcare was on the decline and corruption on the rise. They created the first national AIDS Help Line in Venezuela and ran a national awareness campaign on HIV & AIDS, which aired on TV and in movie theaters, and received radio and magazine coverage. Feliciano Reyna went on to found CODEVIDA, a coalition of Venezuelan organisations promoting the rights of Venezuelan citizens to health and life. As he put it: “We walked directly into the complex humanitarian emergency in Venezuela”. Despite ongoing threats, since 2006, he has worked closely with UN mechanisms to defend human rights in his country. In 2019 his advocacy was instrumental in establishing the Independent International Fact-Finding Mission on Venezuela. 

At the age of 13, when Khurram Parvez witnessed the shooting of his grandfather during a protest demonstration against the molestation of women outside his house in Kashmir, he chose to “not incite violence and become part of some revenge” , but rather to become a “nonviolent activist“. He founded the Jammu and Kashmir Coalition of Civil Society (JKCCS) and is the Chair of the Asian Federation Against Involuntary Disappearances. For 15 years he has travelled to the most remote parts of the region to sit with victims of abuse, collect documentation and report on their stories. Under his leadership, the JKCCS has been highly effective in translating the protections guaranteed in international human rights law into local realities. Despite continued attacks on his right to freedom of expression by the Indian government, being jailed in 2016 and losing a leg to landmines, Khurram relentlessly spoke the truth and was an inspiration to civil society and the local population. In November 2021, he was arrested under the Unlawful Activities Prevention Act (UAPA) on politically motivated charges. He remains detained without trial in India.  See also: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3

You can watch them take questions from the press at the Club Suisse de la Presse, livestreamed on February 14th, 2023 from 12h CET.

A celebration of the Laureates 2023 will take place on 16 February at the Salle communale de Plainpalais in Geneva, at 6:30pm. The event is open to the public and livestreamed from the Martin Ennals Foundation’s website and Facebook page. Sign-up to the Ceremony

2023 Edition

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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

EU concerned over treatment of human rights defenders in India

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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

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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

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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/]

Frontline NEWlogos-1 condensed version - cropped

 

 

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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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