Posts Tagged ‘Miyan Abdul Qayoom’

UN Rapporteurs concerned about detention of Miyan Abdul Qayoom of Kashmir Bar Association

April 28, 2020

Qayoom, who is also a human rights lawyer, was arrested on the night of 4 and 5 August during the clamp down. Qayoom was accused of being a “most staunch advocate of secessionist ideology”. [see also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/]

Dated 27 February 2020, the UN has released the letter after 2 months. Qayoom was moved to Agra Central Jail, Uttar Pradesh, on 8 August and was kept in solitary confinement, as per the letter, adding that he is suffering from multiple health issues — including a scheduled open heart surgery at the time of his detention. On 29 January, the letter states, Qayoom suffered a heart attack. Next day, he was taken back to the jail’s dispensary. On 1 February 2020, he was transferred from Agra Central Jail to the All India Institute of Medical Science (AIIMS) in New Delhi, for a medical check-up. “He was then transferred to Tihar Jail, New Delhi,” the letter added.

The Special Rapporteurs also claimed in the letter that Qayoom is being denied “the right to a fair trial… and the right of everyone to hold opinions and to freedom of expression.”

“We also express concern that Mr. Qayoom’s deprivation of liberty appears to be a reprisal for his opinions, the legitimate and peaceful exercise of his freedom to express them and his human rights work,” the letter added, citing various previous cases and relevant articles of ICCPR that entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court. “Arrest or detention as punishment for the legitimate exercise of other rights, as guaranteed by the ICCPR, is arbitrary, including the right to freedom of opinion and expression,” it mentioned.

The Special Rapporteurs stated:

“Please provide detailed information about the factual and legal grounds for the arrest and detention of Mr. Qayoom, including the charges brought against him. Please explain how his arrest and continued detention are in conformity with India’s international human rights obligations under the conventions it has acceded to.

Please provide detailed information on the treatment by the court of the habeas corpus petition initiated by Mr. Qayoom. Please explain how the absence of a decision on his petition more than six months after it was made is compatible with the requirement that the lawfulness of his detention’s petitioner is adjudicated as expeditiously as possible, and with India’s obligations under ICCPR.

Please provide detailed information on the present medical situation of Mr. Qayoom and explain how his medical concerns have been duly taken into account and addressed since he was arrested and placed in detention. Please explain what measures are being taken to ensure Mr. Qayoom’s access to appropriate medical care on a reliable and regular basis.

Please indicate what measures have been taken to ensure that human rights defenders in India are able to carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.

Please provide detailed information, included disaggregated data to the extent possible, as to the number of persons from Jammu and Kashmir who have been detained under the Public Security Act since August 2019.”

UN special rapporteurs express concern over detention of Bar president Mian Qayoom

Posted in Human Rights Council, Human Rights Defenders, UN | Leave a Comment »
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Forgotten Kashmir: something has to be done

February 9, 2020

Kjell Magne Bondevik (former Prime Minister of Norway and currently President of the Oslo Centre for Peace and Human Rights) wrote a thoughtfull piece on a thorny issue: “The UN Must Take the Lead in Kashmir”.

...After more than 70 years of terror, killings, torture, and disappearances, the international community must renew its efforts to end the conflict in Kashmir. In 2018 and 2019, the Office of the United Nations High Commissioner for Human Rights released reports that documented a wide range of abuses – including kidnappings, the killing of civilians, and sexual violence – perpetrated by both sides in the conflict. The UN needs to take the lead in stopping Kashmir’s torment. ……The conflict has consumed resources that should have been used for development; instead, they were channeled to arms purchases or a regional race to develop weapons of mass destruction. Everyone, regardless of age, religion, or ethnicity, has suffered, whether as a result of displacement, family separation, loss of property, the death or disappearance of friends and close relatives, grinding poverty, or simply the prospect of a future as bleak and constricted as the present.The international community has, at times, attempted to mediate between India and Pakistan. The UN has adopted resolutions demanding a referendum on Kashmir’s future status. But, even though it has long been evident that there is no military solution to the conflict – temporary ceasefire initiatives have never resulted in a lasting agreement – India to this day has resisted a plebiscite. In 2003, Pakistan’s then-president, Pervez Musharraf, formulated a four-step approach to a political solution. Without insisting on a referendum, India and Pakistan would begin a dialogue; recognize Kashmir as the main source of bilateral hostility; identify and eliminate what was unacceptable to each side; and strive for a solution acceptable to both countries – and especially to the people of Kashmir. Subsequently, a ceasefire was declared, and high-level meetings took place, but, following a terrorist attack, India terminated the talks. In 2012, Pakistani President Asif Ali Zardari and Indian Prime Minister Manmohan Singh tried unsuccessfully to revive the process.

I have been personally engaged with the Kashmir issue for some time. Last year, I held meetings with senior politicians in Pakistan and India. I am well aware that India wants to treat the Kashmir conflict solely as a bilateral issue. But in that case, it should take the initiative in starting talks with Pakistan. If that does not happen, the international community must demand that the parties come together to negotiate a peaceful solution.

Again, it is not up to the UN or anyone else to impose a solution on the parties. The current situation is rooted in a highly complex mix of history and politics, and any viable settlement must reflect Kashmir’s unique circumstances. A major issue to be addressed is the “line of control” separating Indian- and Pakistani-administered Kashmir, which hinders the free movement of people, divides families, and impedes business and trade. And, of course, Kashmir’s future status is the main question that must be resolved. During my last visit to Kashmir, I saw firsthand the level of violence and the severity of human-rights violations. Conditions have deteriorated further since India repealed Jammu and Kashmir’s special status in October 2019, dissolved it as a state, and reorganized it as two “union territories” – all enforced by the security forces with a wave of arrests, a ban on assembly, and an Internet and media blackout.At a time of war in Syria and Yemen, and heightened tensions between the United States and Iran, it is difficult to get the international community to focus on Kashmir. But it is crucial that the conflict not be allowed to spiral out of control, especially given that both countries are nuclear powers. Above all, the people of Kashmir deserve a ceasefire, reconciliation, and stability, and it is the duty of the UN to advance this goal. I urge the UN to appoint a special envoy to Kashmir. And I appeal to UN Secretary-General António Guterres to seize the initiative and help deliver a long-overdue and lasting peace to this region…

“The Indian government must immediately end all draconian restrictions on fundamental freedoms in Jammu & Kashmir, and fully reinstate communications”, FIDH and its member organization People’s Watch urged on 5 February 2020. In conjunction with its call, FIDH released a briefing note that highlights some of the human rights concerns that have remained unaddressed since 5 August 2019. “For the past six months, the people of Jammu & Kashmir have been living under siege and denied their fundamental rights under the most draconian of measures. These grave violations of human rights must come to an end, and accountability must be established for the serious violations that have occurred since 5 August.” Adilur Rahman Khan, FIDH Secretary-General
Since the evening of 4 August 2019, internet communications, and initially telephone lines, have been cut in Jammu & Kashmir, effectively isolating residents from the rest of the world. Although phone lines were gradually reinstated and internet access restored in certain places, personal internet connections are limited to 301 government-approved websites through a very slow 2G connection. Although accurate figures are unavailable, thousands of arbitrary detentions have been reported since 5 August 2019, including hundreds of detentions under the abusive 1978 Public Safety Act (PSA). Many detainees, particularly youth and low-ranking political activists, have been transferred to jails outside of Jammu & Kashmir, the location of which is unknown in many cases. There have also been numerous reports of excessive use of force by army and police forces, including reports of deaths and injuries as a result of the improper use of pellet guns and teargas. The reorganization of Jammu & Kashmir has also resulted in a number of measures that will have long-term implications for the human rights situation in the region, including the disbanding of the State Human Rights Commission (SHRC) of Jammu & Kashmir – one of the few avenues for justice available to local people – at the end of October 2019. More than 500 cases of alleged enforced disappearances were pending before the SHRC at the time of its disbandment. [see also: https://humanrightsdefenders.blog/2019/03/17/fidh-dares-to-publish-a-report-on-key-human-rights-issues-of-concern-in-kashmir/]

“Human rights violations of the gravest nature are nothing new in Jammu & Kashmir, and have gone unpunished for decades. But taking away the little autonomy the state had will only make the situation worse, especially when the people most affected by these changes have been denied their right to express their opinions.” added Henri Tiphagne, People’s Watch Executive Director

On 5 February the Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requested an urgent intervention in the case of Mr. Miyan Abdul Qayoom, a human rights lawyer and President of Jammu & Kashmir High Court Bar Association. Mr. Qayoom, 70,  suffers from multiple health conditions, including diabetes, double vessel heart disease, and kidney problems.
According to the information received, during the evening of January 29, 2020, Mr. Qayoom’s family received a phone call from Agra Central Jail’s authorities, in Uttar Pradesh State, informing them that Mr. Qayoom had been transferred to Sarojini Naidu Medical College after complaining of chest pain, breathlessness and his pulse rate had significantly gone down to 44pm, and asking them to visit him. On January 30, 2020, upon reaching Agra Central Jail, Mr. Qayoom’s relatives discovered that Mr. Qayoom had been taken back to the jail’s dispensary, even though his health condition had not improved.  On February 3, 2020, Jammu & Kashmir High Court Srinagar bench, after hearing the final arguments, reserved its judgement regarding Mr. Qayoom’s habeas corpus request. The scheduled date of the judgement was not known as of the publication of this Urgent Appeal…..
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https://www.project-syndicate.org/commentary/united-nations-must-mediate-political-solution-in-kashmir-by-kjell-magne-bondevik-2020-02

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 3 Comments »
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