Entire populations of IIOJK deprived of freedom: AI

Srinagar, August 06: Prominent human rights organization, Amnesty International urging the Modi government to urgently stop the protracted clampdown in Indian illegally Jammu and Kashmir has demanded release of all political leaders, journalists and activists, besides restoration of high speed internet in the territory.

A statement issued by Amnesty International on the completion of one year to the repeal of special status of Indian illegally occupied Jammu and Kashmir, the human rights watchdog also asked the Indian government to decongest prisons and launch a prompt and independent investigation into the attacks on journalists in the 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 Avinash Kumar, Executive Director, Amnesty International India.

On 5th August 2019, the Modi government illegally revoked the special status of Indian illegally occupied Jammu and Kashmir and placed it under military siege.

“All these amendments and changes were made amidst a complete communication clampdown, restrictions on movement and mass detentions in the region,” Amnesty statement said.

The rights body further said 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 for 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 said that the Indian government was restricting flow of information from the occupied territory through use of repressive laws such as 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 statement 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 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 handout read.

“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 maintained that the government policies during the COVID-19 pandemic have further marginalised the people of Jammu and Kashmir and severely affected their access to justice. Between 2016 and 2019, Amnesty International said, it has found that more than 300 habeas corpus petitions were filed against unlawful detentions before the Srinagar wing of the Kashmir 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 statement said.

It also expressed concern over the closure of the Human Rights Commission of the occupied territory along with six other commissions, including the Commission for Protection of Women and Child Rights, saying the move has further left the people of Jammu and 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,” said Avinash Kumar, Executive Director of Amnesty International India.

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 of all persons, including political leaders, 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.

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