End the crackdown on freedom of expression, was the strong call
to the Government by India from five United Nations independent
rights expert on Thursday.
India and Pakistan both claim Kashmir as its sovereign territory.
Since the Indian Government’s 5 August announcement revoking
Kashmir’s special status, tighter central Government control has
resulted with access to information and peaceful protests
quashed.
Reports have described a near total communications blackout in
Jammu and Kashmir since the evening of 4 August, with internet
access, mobile phone networks, and cable and Kashmiri television
channels cut off.
The experts expressed concern that the measures, imposed after
the Indian Parliament revoked the Constitutionally-mandated
status of the state of Jammu and Kashmir, would exacerbate
tensions in the region.
“The shutdown of the internet and telecommunication networks,
without justification from the Government, are inconsistent with
the fundamental norms of necessity and proportionality,” the
experts said in a
statement.
“The blackout is a form of collective punishment of the people of
Jammu and Kashmir, without even a pretext of a precipitating
offence.”
The Government has also imposed a curfew across Jammu and
Kashmir, with massive numbers of troops brought in to enforce
movement and peaceful assembly restrictions, particularly in the
Kashmir Valley.
“We remind the Indian authorities that the restrictions imposed
by the Indian Government are intrinsically disproportionate,
because they preclude considerations of the specific
circumstances of each proposed assembly,” the experts stated.
At the same time, information received suggests an increase in
the arrest of political figures, journalists, human rights
defenders, protesters and others.
The experts expressed deep concern over reports that security
forces were conducting night raids on private homes leading to
the arrests of young people.
“Such detentions could constitute serious human rights
violations,” the experts spelled out. “The allegations must be
thoroughly investigated by the authorities, and, if confirmed,
those responsible must be held accountable”.
Moreover, they are “gravely concerned” over allegations that “the
whereabouts of some of those detained is not known”, heightening
the risk of enforced disappearances, “which may proliferate
against the backdrop of mass arrests and restricted access to the
internet and other communications networks”.
The independent experts also raised the alarm over excessive
force against protesters, including the use of live ammunition,
which could amount to violations of the right to life.
“India has the responsibility to use the minimum force necessary
when policing protests,” the experts concluded. “This means that
the use of deadly force is a measure permissible only as last
resort and to protect life.”
The UN experts are David Kaye Special Rapporteur on the
promotion and protection of the right to freedom of opinion and
expression; Michel Forst, Special Rapporteur on
the situation of human rights
defenders; Bernard Duhaime,
Chair-Rapporteur, Working Group on Enforced
or Involuntary Disappearances; Clement Nyaletsossi
Voule, Special Rapporteur on the
right to peaceful assembly and association; and Agnes
Callamard, Special Rapporteur on
extrajudicial, summary or arbitrary executions.
Special Rapporteurs and independent experts are appointed by the
Geneva-based UN Human Rights
Council to examine and report back on a specific human
rights theme or a country situation. The positions are honourary
and the experts are not UN staff, nor are they paid for their
work.
