Photo: Khurram and Irfan

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India: Bail for Kashmiri human rights defenders must be followed by justice

The granting of bail to Kashmiri human rights defenders Khurram Parvez and Irfan Mehraj marks an important step after years of arbitrary and unlawful detention, but it does not end the serious concerns surrounding their cases.

Khurram Parvez, coordinator of the Jammu Kashmir Coalition of Civil Society (JKCCS) and Chair of the Asian Federation Against Involuntary Disappearances (AFAD), has spent decades documenting human rights violations in Indian-administered Kashmir, including enforced disappearances, torture and extrajudicial killings. Irfan Mehraj, a journalist and human rights defender associated with JKCCS, has similarly contributed to documenting and reporting on human rights concerns in the region.

Both human rights defenders have faced prosecution under spurious allegations related to terrorism and secessionism that human rights organisations have consistently characterised as politically motivated and unsupported by credible evidence. The charges against both defenders remain in place, and the conditions attached to Khurram Parvez’s release continue to impose severe restrictions on his rights and freedoms. The international community, including the UN human rights system, must remain closely engaged until all charges are dropped and any restrictions on their work and freedom come to an end.

The cases against Khurram and Irfan also raise serious concerns about reprisals against those who cooperate with the UN. ISHR has repeatedly highlighted the cases as emblematic of the risks faced by human rights defenders who engage with UN human rights bodies. For years, Khurram and JKCCS shared information and documentation with UN experts and mechanisms concerning human rights violations in Kashmir. His arrest, prolonged detention and prosecution have been widely viewed as retaliation for this legitimate human rights work and cooperation with the UN system.

In 2023, the UN Working Group on Arbitrary Detention concluded that Khurram Parvez’s detention was arbitrary and called for his immediate release. Yet despite this finding, he remained imprisoned for years while facing repeated bail denials.

The recent bail decisions therefore represent only partial progress. Khurram’s release remains subject to restrictive conditions, including a substantial financial bond, the surrender of his passport, limitations on his movement and residence, and restrictions on public expression. Such measures continue to interfere with his ability to carry out his work, maintain family life and exercise fundamental rights.

The Indian authorities should now take the necessary next step: immediately and unconditionally drop all charges against Khurram Parvez and Irfan Mehraj. The continued pursuit of these cases perpetuates the criminalisation of legitimate human rights and journalistic activities and sends a chilling message to civil society actors across the region.

Pending this, authorities should also immediately review and substantially relax the conditions imposed on Khurram’s release, ensuring that any restrictions comply with international human rights standards and do not function as a continuation of punishment by other means.

At the same time, the Office of the UN High Commissioner for Human Rights (OHCHR), States at the Human Rights Council, and relevant UN experts must continue to closely monitor and remain seized of these cases. Continued international scrutiny is essential, both because of the allegations of reprisals for engagement with UN mechanisms and because the charges themselves remain pending.

At home and abroad: #EndReprisals!

At home and abroad: #EndReprisals!

Human rights defenders who engage with the United Nations are increasingly facing reprisals through transnational repression, as States seek to silence criticism beyond their borders. Call on States to publicly raise the cases of defenders victims of reprisals at the Human Rights Council and the UN General Assembly.

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