QCs write to Indian PM over detention of lawyers in Kashmir
Lawyers’ groups have written to the Indian Prime Minister, Narendra Modi, over concerns about the detention of civilians, including lawyers, in Kashmir.
The Bar Council of England and Wales and the Bar Human Rights Committee of England and Wales expressed “serious concern” over reports that civilians have been detained, among them “high ranking legal professionals”.
In a joint letter, Richard Atkins QC, chair of the bar, and Schona Jolly QC, chair of the BHRC, said they were “disturbed to hear of the arrest of both the President of the High Court Bar Association of Jammu and Kashmir, Mian Abdul Qayoom, and its former president, Nazir Ahmad Ronga, in addition to the arrest of other senior legal professionals”.
The letter adds: “We understand that at least 300 people, including lawyers and civilians, have been detained under the [Public Safety] Act and can be held by the authorities for up to two years without trial. Moreover, the government’s failure to publish the number detained adds further cause for alarm about their security.”
In early August India suspended article 370 of the constitution, which acknowledges the special status of the state of Jammu and Kashmir.
The letter notes reports that there have been an estimated 500 habeas corpus cases pending for 2019, with more than 330 having been filed after the suspension of article 370.
“All of this has resulted in a lack of availability of effective legal representation and hindered the right to a fair and speedy trial. In circumstances in which grave and widespread human rights violations are being alleged, disabling the justice system substantially compounds the crisis.”
The letter concludes: “We urge you to ensure and safeguard the rights outlined above in accordance with your international obligations. We further urge you to lift all restrictions, restore internet and full communications access to the region, and to publish the names of all those individuals, including lawyers, who have been detained. Those who remain detained must be afforded access to proper legal representation.”