His Excellency Dr Volker Türk United Nations High
Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland
Date 22 June 2023
Dear High Commissioner,
Re: Save Yasin Malik: Indian PM Modi seeks death penalty for the pro peace Kashmiri leader.
Excellency I take this opportunity to make a fervent appeal and
seek your urgent intervention to save Mr Muhammed Yasin Malik's life as India’s
BJP Modi Government seeks death penalty for the pro peace Kashmiri leader.
Mr Malik was given a double life sentence in a politically motivated trial on
25 May 2022 by a security court of India’s National Security Agency (NIA) with false
charges on terror funding.
The NIA was specifically tasked to orchestrate these charges
against the most prominent opponent of Modi Government’s oppression in Kashmir
(also called Jammu and Kashmir-J&K). On 29 May 2023 the appeal of the NIA to
convert Mr Malik's life sentence to death was heard by the Delhi High Court, which
ordered Mr Malik to respond by 9 August 2023.
Excellency millions
of Kashmiris across the ceasefire line CfL in
Kashmir and in the diaspora, are deeply shocked and seriously aggrieved at Mr
Modi’s decision to seek their leader’s death sentence.
The decision is seen by the Kashmiris as a deviously cruel
ploy by the Modi Government, to eliminate their defenceless political opponent for
electoral gains in the 2024 Indian general election. It is vitally important
therefore, that the Indian Prime Minister is firmly told to withdraw the appeal
for death penalty, and strongly dissuaded from committing a grave injustice against
the pro peace Kashmiri leader.
Mr Malik is the most prominent and revered Kashmir leader.
As such he is an indispensable part of a political solution on the status of
his internationally disputed homeland. People of Kashmir therefore, expect that
the OHCHR will call out India’s Modi Government for its spiteful, malicious and
politically motivated vindictive persecution and prosecution of Mr Malik. And
for acting with total impunity in Kashmir, the political status which, is yet
to be determined under UN auspices through a democratic and transparent
plebiscite.
Instead of engaging in dialogue with Mr Malik and the
Kashmiri leadership on the Kashmir issue, Modi Government annexed the
internationally disputed region on 5 August 2019, and began arrests and
prosecution of Kashmiri leaders under laws which OHCHR reports of June 2018 and
July 2019, quite rightly describe as India’s
“lawless laws.”
Excellency Mr Modi’s Government is extremely intolerant of
political dissent in Kashmir. Even human
rights defenders like Khurram Parvez, as well as many Kashmiri journalists, are
held under laws such as the Public Safety Act PSA and the Unlawful Activities
Prevention Act UAPA, the laws that are inconsistent with international law. These lawless laws especially UAPA, allow the
authorities to declare individuals as terrorists without producing
incriminating evidence against them.
Mr Malik is the Chairman of the Jammu Kashmir Liberation
Front-JKLF, a political movement committed for a peaceful resolution of the
Kashmir issue. He was arrested on 19 February 2019 under the notorious and
draconian PSA in Srinagar. He is imprisoned at the Tihar Jail in Delhi in solitary
confinement. Mr Malik, and other Kashmiri leaders including Mr Shabir Shah, Ms
Aasiya Andrabi, Ms Nahida Nasreen, and Masarat Alam are all part of the solution
in the Kashmir issue. The UN has a responsibility to ensure that their right to
free speech and freedom of movement is guaranteed and protected under UN
Charter and UN resolutions on the Kashmir issue/dispute. India is duty bound to
ensure as a trustee and proxy of the UN in Kashmir, to ensure that the
fundamental rights, including the inalienable and the inherent right to self-determination,
and the territorial integrity of Jammu and Kashmir State, is not subverted or
vitiated.
Excellency Mr Malik
renounced armed resistance in 1994 and embarked on a peaceful movement for
the resolution of the Kashmir issue. He met many Indian leaders including Prime
Ministers Dr Manmohan Singh, Mr IK Gujral, and the highly respected Mr Atul
Bihari Vajpayee, politicians including ministers, senior officials and civil
society figures who supported his decision for a peaceful political movement to
achieve Kashmiris’ fundamental sovereign rights. He was assured of “genuine political
space,” and undertakings were given to him
by Indian leadership that the Kashmir issue will be resolved through meaningful
dialogue with the relevant parties.
The respected first BJP Prime Minister of India late Atul
Bihari Vajpayee, promised the Kashmiris "the sky is the limit." Mr Modi his successor, has completely reneged
on the Vajpayee principles, and has adopted an ‘all-out muscular Kashmir
policy’ in which there is no space for dialogue on the Kashmir issue!
Excellency under Mr Modi’s doctrine, Kashmiris and their leadership
has a stark choice, either accept Modi’s Kashmir policy, meaning status quo, or
face India’s fury and wrath. Consequently Mr Malik’s prosecution is politically
motivated as Modi doctrine does not recognise fundamental, inherent and
inalienable right of the Kashmiri people to self-determination, even though the
UNSC resolutions call on India, and also Pakistan, to respect the will of the
people in Kashmir through a UN supervised Plebiscite
To further his cause Mr Malik visited the US and Britain
where he met with officials, political figures, members of the civil society,
and human rights organisations. British and the US officials, the Indian Home Ministry’s
Minister of State late Rajesh Pilot, senior officials, prominent civil society
members, ex diplomats, judges and academics, supported and encouraged Mr Malik
in his peaceful resistance with which, he has kept firm faith. Mr Modi however,
has completely reneged on the commitments for political space and dialogue.
India’s current National Security Adviser, Mr Ajit Doval had also acted as a go
between during negotiations with the Indian authorities and Mr Malik.
Not being content with his oppressive policies in Kashmir
the Modi Government annexed the disputed
State on 5 August 2019 and bifurcated it into two Union Territories to be ruled
directly from Delhi. By annexing and breaking up Kashmir into union territories,
Mr Modi’s Government completely disregarded India’s solemn commitments at the
UN and bilateral agreements, both with Pakistan, and the Srinagar based
Government of Indian administered Kashmir.
Excellency, it is important to remember that Kashmir’s
provisional and conditional constitutional relationship with India, was based
on defined spheres of responsibilities, linked specifically with the 26 October
1947 conditional agreement, which was underpinned by the subsequent article 370
of the Indian constitution. As a consequence of unilateral abrogation by India
of article 370 on 5 August 2019, the constitutional bridge between India and
Kashmir no longer exists. Therefore, India rules Kashmir today as a
colonial occupier with the enormous presence of over 900,000 troops backed up
by a plethora of oppressive and draconian laws, two of these lawless laws, PSA and UAPA, are
mentioned above.
Mr Malik is a frail 57 year old dignified, God fearing,
brave and proud man with integrity. He has many medical ailments and health
issues. He has been shut away, and has no idea about the outside situation. His
only contact is with his ailing elderly mother who is assisted by his sister in
Kashmir. He has not seen his Pakistani wife since his only child, a ten year
old daughter, was a toddler.
In protest he went on hunger strike twice at the manner in
which India’s politicised judiciary conducted, and continues to conduct his
trials. He has not been heard by the Indian judicial system.
Instead Mr Malik has been prosecuted over the past four
years under false and fabricated cases. Despite undertakings given and kept by all,
except by the Modi Government, thirty year old militancy related cases were re-opened
as part of the politically motivated vendetta against the pro peace leader.
Excellency, Mr Malik is an admirer of Mahatma Gandhi and
Nelson Mandela. India’s Modi led BJP Government however, derives its ideological
inspiration not from Gandhi but from the RSS, which is the antithesis of the
Gandhian political and religious philosophy, and the world view of India. Mr
Modi believes in the total, political, social and cultural conquest of Kashmir,
and an unquestioned submission of Kashmiri peoples’ will. Mr Malik however, is
not prepared to surrender and capitulate his peoples’ free will to Mr
Modi's, political, judicial, communal, and militarised aggression.
Mr Modi’s ultra-(religious) nationalist BJP is in an
election mode to enthuse its majoritarian electoral base. Through India’s
pliant media, the BJP vilifies and portrays Mr Malik as Kashmir’s Osama
Bin Laden to justify his judicial murder. Mr Malik however, wants to see
Kashmir as a bridge of peace, amity
and prosperity in South Asia rather than a perpetual bone of contention.
To Kashmiris the OHCHR as the apex human rights institution
of the UN, is morally and legally well placed, to avert the vindictively
malicious judicial oppression, and the intended murder of a man, who is genuinely
committed to Kashmir’s peaceful political transition, and quite clearly
therefore, he is the voice of peace in Kashmir.
By seeking the death penalty to eliminate a Kashmiri political
opponent, Mr Modi portrays himself as the region’s hegemon against a
defenceless man of peace, who has the right and the truth on his side.
Excellency as the UN High Commissioner for Human Rights you
are well placed to exercise the moral and legal powers vested in you by the
world conscience. I urge your Excellency to uphold international legality and
morality, to save the life of the pro peace Kashmiri leader Mr Muhammad Yasin
Malik.
Yours
Sincerely
Zafar Khan-
Head of Diplomatic Bureau Jammu Kashmir Liberation Front
International Secretariat 119-123 Cannon Street Rd London E1
2LX
Email: jklfdiplomaticbureau@gmail.com
Copied:
Maria Arena MEP head of European Parliament’s Committee on Human Rights
Johana
Cherry KC MP Chair Parliamentary Joint Committee on Human Rights
Amnesty
International. Human Rights Watch. Reprieve