Ghulam Nabi Azad
Chief Minister of Jammu and Kashmir
Civil Secretariat, Srinagar
India

Fax +91 194 245 2224, 247 2536

11 August 2008

Dear Chief Minister

Re: Intimidation of Indian lawyer Pervez Imroz

We are writing on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) to express concern for the safety of lawyer Pervez Imroz and others involved in the defence of human rights in Jammu and Kashmir State.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession world wide.

The IBAHRI has received reports concerning an attack on Pervez Imroz’s residence at 10pm on 30 June 2008. Between eight and ten people, thought to be members of the Central Reserve Police Force and the Kashmir Special Operation Group, reportedly arrived at his home in armoured vehicles, demanding to see him. It is alleged that a shot was then fired, narrowly missing Mr Imroz’s nephew. A grenade was apparently thrown into the grounds of the house, followed by two more shots fired into the air. It is reported that one of Mr Imroz’s neighbours was hit causing minor injuries. The Imroz family have reportedly evacuated their home due to fears for their safety and there is serious concern that the life of Mr Imroz may be at risk.

The attack appears to be part of an attempt to curb an ongoing inquiry into unmarked graves in Jammu and Kashmir. The graves are thought to hold the remains of victims of unlawful killings, enforced disappearances, torture and other abuses in the context of armed conflict in the area since 1989. Reports indicate that graves of at least 940 people have been discovered in 18 villages in the Uri district alone since 1996. Mr Imroz heads the Association of the Parents of Disappeared Persons (APDP) which is facilitating the investigation conducted by the International Tribunal on Human Rights in Justice in Kashmir.

Mr Imroz and other tribunal members were also reported to have faced harassment on 20 June 2008 during an inquiry mission to Kupwara and Baramulla in Jammu and Kashmir State. Tribunal members were allegedly questioned and followed by people who identified themselves as Special Branch Kashmir (SBK) and Counter Intelligence Kashmir (CIK) personnel. Reports suggest that three men in civilian clothing forcibly boarded the tribunal car and directed them to Sopore Police station where they were detained and interrogated. On 21 June 2008 Intelligence personnel stationed outside Tribunal Convenor Dr Chatterji’s hotel allegedly followed her to the Tribunal office in Lal Chowk, Srinagar. Eight personnel remained stationed outside the office for the duration of the day questioning anyone who entered or left the building.

The attacks outlined above are in breach of India’s obligations under international law. Under Articles 9 of the International Covenant on Civil and Political Rights (ICCPR), ratified by India in 1979, the rights to liberty and security of person are guaranteed. Article 17 of the same covenant upholds that no-one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation and that everyone has the right to the protection of the law against such interference or attacks. Under Article 2 any person whose rights or freedoms have been violated is entitled to an effective remedy determined by the competent judicial, administrative or legislative authorities and such remedies must be enforced when granted. In this context, the IBAHRI urges Indian authorities to conduct a prompt and impartial investigation into the attack on Mr Imroz and to publicize its findings. Those found responsible should be brought to justice.

Article 12 of the Universal Declaration of Human Rights (UDHR), which is widely accepted to form part of customary international law, provides that ‘no one shall be subjected to arbitrary interference with his family, home or correspondence, nor to attacks upon his honour and reputation’. Further, ‘everyone has the right to the protection of the law against such interference or attacks’.

We would also like to draw your attention to Principle 16 of the UN Basic Principles on the Role of Lawyers, which provides that 'governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference’. Article 17 states that where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities; Article 18 provides that lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions; and Article 23 states that lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly.
The IBAHRI would also like to bring to your attention to the UN Code of Conduct for Law Enforcement Officials, which by virtue of Article 3, expressly limits the use of force by police to situations in which it is ‘strictly necessary and to the extent required for the performance of their duty’. Although the code is not binding under international law, it constitutes authoritative guidance for states in interpreting international human rights law regarding policing. The code also protects inter-alia the right to seek and obtain information on human rights ideas and principles and to submit criticisms and proposals for human rights improvements to government bodies.

The Human Rights Defenders Declaration (UNHRDD) adopted by the United Nations in 1998, upholds the State's responsibility to protect human rights defenders, maintaining that all necessary measures must be taken to ensure their protection. The IBAHRI calls on the Indian authorities to ensure protection for Pervez Imroz and other human rights defenders in Jammu and Kashmir. Furthermore, we urge you to take steps to ensure that those promoting human rights and investigating allegations of human rights abuses are able to carry out their work without fear of harassment and violence.

We look forward to your urgent response.

Yours sincerely,

Ambassador Emilio Càrdenas
Justice Richard Goldstone
Co-chairs of the International Bar Association's Human Rights Institute

CC:  Dr Manmohan Singh, Prime Minister of India; His Excellency High Commissioner Kamlesh Sharma, High Commission of India; Shivraj Patil, Minister of Home Affairs