Recently, the Working Group of the UNHRC on Arbitrary Detention adopted an “Opinion” against India on the arrest/ detention of IIOJK based HR activist Khurram Pervez. The UN Working Group on Arbitrary Detention (WGAD) described his detention “arbitrary” and appealed to the Indian authorities to provide him with an “enforceable right to compensation and other reparations”. The UN body on arbitrary detention is seriously concerned about “the chilling effects of Parvez’s arrest and prolonged detention on civil society, human rights defenders and journalists in India”. The detention of Parvez is in violation of various provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The statement from the UN body said, “The WGAD determined that the authorities failed to establish a legal basis for Mr. Parvez’s detention (Category I); that his detention stemmed from his ‘legitimate exercise of freedom of opinion, expression and association’ (Category II); that the ‘violations of Mr. Parvez’s right to a fair trial are of such gravity as to give his detention an arbitrary character’ (Category III); and that he was deprived of his liberty on ‘discriminatory grounds, owing to his status as a human rights defender and on the basis of his political or other opinion (Category V).” The current WGAD opinion was in response to a complaint filed jointly by the International Federation for Human Rights (FIDH), CIVICUS, FORUM-ASIA, and the World Organisation Against Torture (OMCT) to the UN body on behalf of Parvez. Each of these rights organizations welcomed WGAD’s opinion and reiterated their calls for the “immediate and unconditional release” of Khurram Parvez and all other human rights defenders currently in prison in India, and for all charges to be dropped. Gerald Staberock of OMCT said, “The arbitrary and unjust detention of Khurram Parvez is not an isolated incident but the result of India’s relentless attacks on those who expose BJP -led government’s discriminatory and abusive policies. India must reverse its politics of silencing dissent and guarantee the right to defend human rights in the country.” Alice Mogwe of FIDH said, “UN ruling on Khurram Parvez’s case authoritatively confirms that his detention is an act of reprisal for his human rights work, and an attempt to silence him and Kashmiri civil society as a whole. Indian authorities must implement the UN’s recommendations and immediately release Khurram.” The UN Working Group has sent the opinion to the Indian government for its response. It is worth noting that after 5th August 2019, ten Communiques expressing concerns and corrective measures about human rights violations in IIOJK have also been sent to India by the UN Rapporteurs which are yet to be responded by the government.
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