Uphold the rights of the incarcerated in South Asia, say human-rights advocates

Meant to share this earlier – great discussion last weekend on the rights of the incarcerated in South Asia, organised by Sapan, the South Asia Peace Action Network. Besides human rights advocates and experts, there were testimonies from those who have suffered incarceration, and presentations from Sapan volunteers about prison conditions and best practices in the region. The issues raised are relevant beyond the region. Hope we can keep the momentum going – and we need help to do that. Please like, comment, share and post about this issue that affects all of society. Thank you.

Participants turned on cameras at the end for a group photo. Collage by Aekta Kapoor, eShe magazine.

29 August 2021: “If the government becomes the monster that it can be, then the belly of the beast contains the people in jail”, said Nepali journalist Kanak Mani Dixit, speaking at a regional session on the rights of the incarcerated in South Asia, particularly in light of the ongoing Covid-19 pandemic.

He was among the prominent activists, legal experts, concerned citizens, and formerly incarcerated persons across the region who came together online to discuss the issue on Sunday, 29 August 2021, under the umbrella of Sapan, the South Asia Peace Action Network, of which he is a founding member. 

Held a day before the International Day of the Victims of Enforced Disappearances, 30 August, the meeting underlined the need to recognise enforced disappearance as a distinct crime. The recent commemoration of World Humanitarian Day on 19 August also pegged the need for compassion and empathy for vulnerable communities. The tragic situation in Afghanistan further highlights the need for solidarity in the region and to insist on upholding human rights principles.

The event featured gut-wrenching testimonies in various languages from those who have experienced incarceration in the region, including those who were picked up but not produced before the courts for months or years. Those who fill the prisons tend to be the poorest of the poor as many pointed out.

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#Goodnews update. And an upcoming event

Glad to report that Ajeet Kumar Nagdev and his children are on the train headed to Amritsar, and will hopefully cross the border on Saturday along with some 50 other Pakistanis who had been stranded in India due to the coronavirus pandemic. Thanks for all those who helped Nagdev and his family, especially Samir Gupta, Shishir Arya and others, including the helpful folks at the Pakistan High Commission, New Delhi, operating under stressful conditions. Salute to all of you.

Meanwhile, need help getting the word out about this upcoming regional event Sunday, on the rights of the incarcerated with legal experts and human rights activists from around the region. Pls subscribe, join, share, post, comment, like, tweet, whatever you can. Much appreciated.

Poster for the event. Thanks Vishal Sharma.

The main panel is coincidentally all women…. (Read more)

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So much human suffering – and for what?

Sharing here a piece I wrote published in The Wire and later in Aman Ki Asha about a poor man from a tiny village on the India-Pakistan border who went missing in 2008. For nine years his family didn’t know where he was. But his government knew for four years before the family learnt from another released prisoner that their loved one was in a prison across the border.

Under-trial for three years, he then served a five-year conviction – but remained imprisoned for three more years while the government dawdled over verifying his nationality.

When they finally repatriated him at the end of January this year following court orders, he was made to travel 1000 km upcountry, then wait for three more days at a border town until police from his home state went to bring him back, another 1000 km downcountry. Here’s a map I made about his enforced travels:

Ismail Sama’s short journey across the border (small arrow) – and his long journey home. Fisherfolk caught violating the maritime border also have to endure this when imprisoned on the other side.

Read the full story at The Wire: India-Pakistan Relations: What the Kafkaesque Case of a Repatriated Cattle-Herder Tells Us, or at the Aman Ki Asha (hope for peace) website that I edit.

Here’s a follow up story by Gopal B. Kateshiya, ‘Coming back is second birth for me’: Kutch man returns home after 13 years in Pakistan jail, The Indian Express. Extract: “A scorpion stung me and I felt giddy. I lost my direction. Next morning, around 10.30 am, Pakistan rangers caught me, telling me I had intruded into their country. They took me to hospital and after my condition improved, they handed me over to Inter Services Intelligence (ISI),” said Ismail, son of a farmer.

Ismail Sama with his family: Reunited and it feels so good. Photo: Courtesy Indian Express.

Thirteen years is a long time. The story would be remarkable if it was a one-off but sadly, such incidents are not rare.

<p value="<amp-fit-text layout="fixed-height" min-font-size="6" max-font-size="72" height="80">Here's a report published some years ago which outlines some of the main problems (PDF). Here’s a report published some years ago which outlines some of the main problems (PDF).

Detained fisherfolk: Denial of consular access is denial of justice

It is beyond belief that Pakistan has STILL not nominated members to the joint Judicial Committee on Prisoners, which India did in 2018. I have personally sent notes to several members of the ruling party through various contacts. They say they care but there are obviously more important matters to worry about than poor imprisoned fishermen. The Judicial committee, instituted in 2007, has been virtually defunct since the end of 2013. Cross-border prisoners completing their sentences continue to languish in prisons across the border because of lack of consular access. This wouldn’t happen if they were rich and powerful.

Arrested Indian fishermen in Pakistan lockup. File photo. Getty images
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Pawns and prisoners of manufactured hatred

Screenshot of Sanaullah from a TV report last year, on Indian and Pakistani prisoners participating in a kite-flying festival together. "It's really nice, I feel like a child myself," Sanaullah told the reporter.

Screenshot of Sanaullah from a TV report last year, on Indian and Pakistani prisoners participating in a kite-flying festival together. “It’s really nice, I feel like a child myself,” Sanaullah told the reporter.

Tragically, Sanaullah, the Pakistani prisoner whom a fellow inmate had attacked in prison in Jammu in Indian administered Kashmir on May 3, succumbed to his injuries on May 9. The attack took place on the day of the funeral of Sarabjit Singh, the high profile Indian prisoner who died on May 3, after being in a coma following an attack by fellow inmates in Kot Lakhpat Jail, Lahore on April 26 — ironically, the day that Indian members of the India Pakistan Joint Judicial Committee on Prisoners landed in Pakistan to inspect jails and meet Indian prisoners. The Committee’s recommendations have been made public, and if implemented, will go a long way towards alleviating the plight of cross-border prisoners.

Here’s a link to the note I wrote, published in the weekly Aman ki Asha page in The News last week – Condemnable attack on unarmed prisoner. A followup note regarding Sanaullah was published in the AKA page of May 8. I sincerely hope this is the end of the series. (If you’re on facebook, feel free to ‘like’ the AKA page and join the AKA group – both managed on a voluntary basis) Continue reading

You know it’s India-Pakistan when… (The sad case of Idrees Alam, ‘The Nowhere Man’)

Kanpur: Idrees (left) shares a laugh with K. M. Yadav of IPFSA...but...

Kanpur: Idrees (left) shares a laugh with K. M. Yadav of IPFSA…but…

My article in Aman ki Asha today, re-posted here with links and more photos/documents. I’ve since been informed that Idrees is living in the compound of Police Administration (Police Line), Kanpur, under constant surveillance by two officers. He last communicated with his family over a year ago. 

You know it’s India-Pakistan when… overstaying a 15-day visa after a family tragedy leads to ten years in prison and a man’s continued 13-year separation from his wife and four sons .

Idris Alam - Mahesh Pandey

…but his eyes reflect the bleakness of his existence without hope, without family. Photos: Mahesh Pandey

By Beena Sarwar

The case of Mohammad Idrees Alam is a prime example of how people suffer due to the bureaucratic wrangling between India and Pakistan.

Stuck in India, he has been unable to meet his wife and four children in Pakistan for the last 13 years. Pakistan and India both refuse to verify his citizenship. He is, as the BBC termed it in a radio report of Oct 22, 2012, ‘The Nowhere Man’.

Originally an Indian citizen, he went to Pakistan in 1986 to visit relatives. While there, he got married and opted to stay on, obtaining Pakistani citizenship. In 1999, his father Ahmed Jan in Kanpur became seriously ill and in May, Idrees went to India on a 15-day visa. His father passed away, and Idrees, embroiled in last rites and legalities, overstayed his visa by a couple of months.
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Indian Supreme Court acquits Pakistani prisoner Dr Chishty

After the acquittal: Dr Chishty and Mrs Chishty with Justice Katju at the judge's residence, New Delhi, Dec 12, 2012

After the acquittal: Dr Chishty and Mrs Chishty with Justice Katju at the judge’s residence, New Delhi, Dec 12, 2012

At last! On 12-12-12, the Indian Supreme Court acquitted Dr Chishty. Earlier, an unprecedented Indian SC verdict had granted him bail to return to Pakistan, the first time ever that a Pakistani prisoner in India was given such permission. The retired virologist, now over 80 years old, had gone back to India quietly in November for the court hearing seeking to dismiss the murder charges against him. It’s been a long struggle since we first started campaigning for this, and there’s a great feeling of satisfaction that it has finally ended well.

Tehelka did a podcast with me this morning. I made a mistake in the chronology of how the process to free Dr Chishty began. In fact, Amna Chishty (Dr Chisthy’s daughter) had written to the Indian SC and Law Ministry, after which the trial was finally held (after 19 years); Justice Katju came into the picture a bit later – but his role in freeing Dr Chishty was, as I said, essential.

Trade winds for peace: In the air, a hope song

A political push and removal of barriers will see a rise in trade, and peace, between India and Pakistan...

This article was originally published in The News and The Times of India last week

Trade winds for peace

By Beena Sarwar

“Trade for peace” is the new catchphrase defining the emerging relationship between India and Pakistan – a relationship historically so troubled that, when not actually at war, they have been engaged in a virtual cold war. But the winds of change are now blowing in a more positive phase, heralded by recent breakthroughs on the trade front. Continue reading

India-Pakistan prisoners – fishermen, POWs, and more

Indian fishermen released from Pakistani prisons, waiting to go back

Below, my article on the India-Pakistan prisoners issue published in Aman ki Asha on Jan 11, 2012, followed by a correction from Sen. Iqbal Haider and further clarification from B.M. Kutty. Also please do read Shivam Vij’s thought-provoking and thorough report ‘Why is Gopal Das free and not Dr Chishty?‘, published in Aman ki Asha, and Anahita Mukherji’s report in The Sunday Times of India about how the Indian prisoners were treated in Pakistan (surprisingly well) – Warm memories of time in Pak jail.

Looking a New Year gift horse in the mouth

Pakistan’s release of 183 Indian prisoners on Jan 7, 2012 is a welcome step but it also highlights the ongoing issues faced by cross-border prisoners Continue reading

Amna Chishty’s appeal to Governor Rajasthan re Dr Chishty

A rare family meeting at Hatundi, 2007: Dr Chishty with daughter Amna, her children and his nephew's children.

June 23, 2011

To,
Honorable Sh. Shivraj Patil
Governor of Rajasthan
Raj Bhawan, Civil Lines,
Jaipur, India

Subject: Case of Pakistani Prisoner Dr. Syed Mohammed Khaleel Chishty

This is regarding the mercy petition of my father Dr. Chishty who is presently in Ajmer prison hospital. Continue reading