Decongest prisons, end clampdown in Kashmir: AI

KT NEWS SERVICE. Dated: 8/7/2020 10:47:26 AM

JAMMU, Aug 6: Amnesty International in its recent report has asked the Government of India to decongest prisons and launch a prompt and independent investigation into the attacks on journalists in Jammu & Kashmir. It also called for urgently stopping the protracted clampdown.
The human rights body also demanded release of all political leaders, journalists and activists, besides restoration of high speed internet in the Union Territory.
“Over the last one year the Government of India has been systematically dismantling all avenues for justice for the people of Jammu and Kashmir. With zero representation, protracted internet restrictions, arbitrary use of some of India’s most stringent laws, verbal orders of detention and crippling of the local media – most of this disproportionately higher in Kashmir – it’s been a complete year since we have heard the people of Jammu and Kashmir speak,” said Amnesty International India in its report released yesterday.
On 5 August 2019, the Government of India unilaterally revoked Article 370 of the Indian Constitution which guaranteed special autonomy to Jammu & Kashmir and bifurcated the state into two separate union territories, bringing the region under the direct control of the central government.
“All these amendments and changes were made amidst a complete communication clampdown, restrictions on movement and mass detentions in the region,” Amnesty report said.
The rights body further said that it acknowledges that the Government of India may have legitimate security concerns which may merit reasonable restrictions on the right to freedom of expression in certain circumstances.
“But these restrictions must always be limited in duration and demonstrably proportionate as set out under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which India is a state party,” the Amnesty report pointed out.
“However, in an absolute violation of India’s international obligations, the entire population of Kashmir has been deprived of their right to freedom of expression and opinion through protracted communication restrictions since the last one year. This has been compounded by a censored media, continuing detention of political leaders, arbitrary restrictions due to the pandemic with little to no redressal,” it added.
The International rights body also accused government of restricting flow of information from the region through use of repressive laws such as the Jammu & Kashmir Public Safety Act (PSA) and Unlawful Activities (Prevention) Act (UAPA)
“Amnesty International India documented physical attacks on, harassment and intimidation of at least 18 journalists since 5 August 2019. The draconian media policy introduced by the government in the region which openly aims to create “a sustained narrative on the functioning of the government in media” by checking on “anti-national activities, fake news and plagiarism” has further extinguished independent media in the region,” the Amnesty report said.
It further added that after gathering information from various digital and print media, Amnesty International India has found that at least 70 political leaders – cutting across a wide political spectrum – were placed under administrative detention.
“While most of those arrested have been subsequently released, many continue to be in detention on the basis of verbal orders or repressive laws such as the PSA. This is in complete violation of their fair trial rights guaranteed by the ICCPR and Indian Constitution,” the the report said.
“Their release, made possible through signing of bonds that restrict them from indulging in any political activity including making political speeches, is also as problematic as their detentions. Under international law, political speech cannot be prohibited unless it constitutes a direct threat to public order, which has not been adequately demonstrated by the Indian government in the orders accessed by Amnesty International India,” it added.
The rights watchdog also alleged that the government policies during the COVID-19 pandemic have further marginalised the people of Jammu & Kashmir and severely affected their access to justice.
Between 2016 and 2019, Amnesty International said, it has a found that more than 300 habeas corpus petitions were filed against unlawful detentions before the Srinagar wing of the J&K High Court.
“However, as on 4 August 2020, only 11 habeas corpus petitions have been filed. This sharp fall may be attributed to the punitive emergency measures invoked by the government to curb the COVID-19 pandemic but also the lack of hi-speed internet required for uninterrupted online hearings,” the Amnesty report said.
The Amnesty International also urged the National Human Rights Commission and the National Commission for Women set up offices in Jammu and Kashmir, saying the people there had not had any redressal of their rights violations after the closure of the State Commissions a year ago.
It also expressed concern over the closure of the State Human Rights Commission along with six other commissions, including the State Commission for Protection of Women and Child Rights, saying the move has further left the people of Jammu & Kashmir with absolutely no redressal for their human rights violations.
“The Government’s ruthless attempts to create a public opinion of ‘normalcy’ while curbing the freedom of independent press, imprisoning the entire political leadership, arbitrarily arresting those likely to dissent and imposing communication restrictions have usurped the voice of the region,” the report added.
He demanded restoration of 4G mobile internet, end of criminal investigations against journalists under PSA and UAPA and withdrawal of the new media policy, immediate and unconditionally release all persons, including political leaders, allegedly deprived of their freedom solely for the peaceful enjoyment of their rights to freedom of expression, association, peaceful assembly, belief or equality and non-discrimination as they should not have been detained in the first place.
“A rights-respecting government must know that an end to the abuses in Jammu & Kashmir cannot come without the involvement of its people,” the report added.



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