The situation of Mr. Khurram Parvez, Chairperson of the Asian Federation Against Involuntary Disappearances and Program Coordinator of the Central Jammu and Kashmir Coalition of Civil Society (JKCCS), was included in the 2017 and 2018 reports of the Secretary-General (A/HRC/36/31, paras. 36; A/HRC/39/41, Annex II, paras 23–24). Mr. Parvez was reportedly subjected to travel bans, arbitrary arrest and detention in relation to his cooperation with the Human Rights Council, the Working Group on Enforced and Involuntary Disappearances, and the UPR. Mr. Parvez was a source of information collected for an OHCHR report published in June 2018 on the human rights situation in the State of Jammu and Kashmir 138 and has reportedly suffered reprisals for this. The police filed “First Information Reports” before a court in Srinagar for three cases, for which hearings were held in March 2019, April 2019, and May 2019. At the time of writing, it was reported that no witnesses had been produced and the outcomes of the hearings were pending.

23.In the 2017 report of the Secretary-General, intimidation and reprisals against Mr.KhurramParvez, Chairperson of the Asian Federation Against Involuntary Disappearances and Program Coordinator of the Central Jammu and Kashmir Coalition of Civil Society (JKCCS), were reported in relation to his cooperation with the Human Rights Council, the Working Group on Enforced and Involuntary Disappearancesand the universal periodic review. These reprisals took the form of a travel ban and arbitrary arrest and detention, reportedly because Mr. Parvez was fomenting an “anti-India narrative,” propagating separatism, and inciting others to violence.Reprisals were apparently taken against him for documenting and sharing information with the United Nations on human rights violations in Jammu and Kashmir, including on behalf of victims.At the time of his preventive detention of 76 days in 2016, he was accused in four criminal cases, which were subsequently dropped by the Jammu and Kashmir High Court who held that he had been detained arbitrarily.However, the police have still filed “First Information Reports,”before a court in Srinagar for three cases, for which he is awaiting hearings. 24.Mr. Parvez was a source of information collected from June 2016 to April 2018 for an OHCHR report published in June 2018 on the human rights situation in the State of Jammuand Kashmir6and has reportedly suffered reprisals for his assistance.Defaming content against the JKCCS and Mr. Parvez is reportedly being circulated by a group that claims to have ISIS affiliation.The group has publicly incited death threats against Mr. Parvez and his family, and used slanderous language against the work of the JKCCS.

A July 2019 OHCHR report on Indian-administered Kashmir and Pakistan- administered Kashmir noted reprisals against Jammu and Kashmir Coalition of Civil Society (JKCCS), which regularly cooperates with the UN. This report stated that, hours after the release of OHCHR’s previous June 2018 report, content defaming JKCCS and its coordinator, Mr. Khurram Parvez, was spread on social media by a group that claimed to have ISIS affiliation, including death threats against Mr. Parvez and his family (para. 136). 49 The situation of Jammu and Kashmir Coalition of Civil Society JKCCS, and its coordinator, Mr. Khurram Parvez and other members of the coalition were included in the 2017, 2018 and 2019 reports of the Secretary-General (A/HRC/36/31, para. 36; A/HRC/39/41, Annex II, paras. 23–24; A/HRC/42/30, para. 58 and Annex II, para. 59). It was also reported to OHCHR that additional sources for OHCHR’s reports, including victims of torture, were reportedly questioned about their testimonies but names are withheld due to a fear of further reprisals. 75. It was reported to OHCHR that Mr. Parvez, who in the past has been subject to travel bans, arbitrary arrest and detention in relation to his cooperation with the UN, was informed in August 2019 that he was prohibited from traveling internationally because he was placed on an “Exit Fly List.” It was further reported that Mr. Parvez was called in for “routine verification” by police in February 2020 and, as of May 2020, three “First Information Reports” filed by police in 2016 before a court in Srinagar were still unresolved. 76. On 31 July 2020, the Government responded in detail to the note verbale sent in connection to the present report. [...] Regarding the preventive detention of Mr. Parvez, the Government stated that it has been drawn from the cases registered against him Under Section (U/S) 151, 107 Code of Criminal Procedures (CRPC) for his activities against the public order in the past few years. The Government noted that a person who is under investigation for a criminal case registered against him under law is required to cooperate with the investigating agencies, and should not try to leave the country till the investigations are completed.

The situation of JKCCS and its chair, Mr. Kurram Parvez, and other members of the coalition were also included in the 2019, 2018 and 2017 reports of the Secretary-General.170 Mr. Parvez has been subject to travel bans, arbitrary arrest and detention in relation to his cooperation with the UN, and it was reported to OHCHR in May 2021 that three “First Information Reports” filed by police in 2016 before a court in Srinagar were still unresolved and that Mr. Parvez remains under travel ban.

The situation of JKCCS and its chair, Mr. Khurram Parvez, and other members of the coalition were included in the 2017, 2018, 2019 and 2021 reports of the Secretary-General and have been addressed by special procedures mandate holders on several occasions to which the Government has responded. Mr. Parvez has reportedly been subjected to travel bans, ill-treatment, arbitrary arrest, and detention on counter-terrorism charges in relation to his cooperation with the United Nations over the years. In May 2021, Mr. Parvez was still under a travel ban. In August 2021, the Government responded stating that Mr. Parvez’s detention was justified by the 1978 Jammu and Kashmir Safety Act, and that he had been provided legal and medical assistance and access to his family, subject to security requirements. 83. On 1 December 2021, special procedures mandate holders addressed allegations of raids, confiscation of materials and equipment and the arbitrary arrest on 22 November 2021 of Mr. Parvez on charges related to conspiracy and terrorism under the Criminal Code and the Unlawful Activities prevention (UAP) Act (IND 19/2021). If convicted, Mr. Parvez could reportedly face up to 14 years in prison and the death penalty. Mandate holders expressed concern that, in his search for accountability, Mr. Parvez has been the victim of a number of incidents of reprisals, reportedly for sharing this information with the United Nations. On 5 January 2022, the Government responded, the details of which were not made public due to their confidential nature. According to information received by OHCHR, as a result of increased surveillance, online and offline, and police questioning and intimidation of JKCCS staff and associated personnel, their human rights work has been impacted. Since 2020, JKCSS has not issued any public reports on the human rights situation in the Indian-administered Kashmir and Pakistan-administered Kashmir. Names and details of those concerned are withheld for fear of further reprisals.

74. The situation of the Jammu and Kashmir Coalition of Civil Society (JKCCS), a union of various non-profit organizations based in Srinagar, has been included since 2020 in the reports97 of the Secretary-General on allegations of reprisals, including for cooperation with OHCHR in the preparation of the 2019 report on the situation of human rights in Indianadministered Kashmir and Pakistan-administered Kashmir. The JKCCS, its chair, Mr. Khurram Parvez, and other members of the coalition, were reportedly subject to travel bans, ill treatment, and arbitrary detention on counter-terrorism charges in relation with their cooperation with the United Nations. Mr. Parvez was last arrested on 22 November 2021 on terrorism and other charges, and his case has been addressed on several occasions by special procedures mandate holders98, to which the Government has responded.99

75. On 18 July 2023, the Government responded to the note verbale sent in connection with the present report expressing regret that previous responses concerning Mr. Khurram Parvez and the NGO-Centre for Social Development (CSD) had been ignored and that actions by the Government had been incorrectly considered reprisals or intimidation for cooperating with the UN system. The Government underlined its strong commitment to human rights and its active cooperation with the United Nations. It stressed that the preventive detention of Mr. Khurram Parvez was in accordance with the Code of Criminal Procedures, that law enforcement agencies had found that Mr. Parvez had instigated and executed violent acts and disturbances in the Union Territory of Jammu and Kashmir since July 2016 and noted that a person under investigation should not try to leave the country until its is completed. Regarding the CSD, the Government clarified that it was suspended after being in violation of the Foreign Contribution (Regulation) Act of 2010.

108. The case of Mr. Khurram Parvez, Chair of the JKCCS, and his last arrest in November 2021 on terrorism charges has been addressed on several occasions by mandate holders, 112 to which the Government has responded. 113 The case of Mr. Irfan Mehraj, JKCCS associate and journalist, was included in the 2023 report of the Secretary-General on allegations of arbitrary arrest in March 2023 in the same case as Mr. Parvez, under the Unlawful Activities (Prevention) Act, 1967.
109. On 28 March 2023, the Working Group on Arbitrary Detention deemed Mr. Parvez’s detention in 2021 arbitrary and called for his release (A/HRC/WGAD/23/8). In June 2023, a group of mandate holders addressed once more the situation of Mr. Parvez and Mr. Mehraj and expressed concern at the reported judicial harassment against them, noting that, in their view, the legal situation of Mr. Parvez and Mr. Mehraj would appear to gravely conflate their legitimate human rights work with terrorism (IND 4/2023).
110. Reportedly, the judicial detention of Mr. Parvez and Mr. Mehraj has been extended during the period to allow more time for the National Investigation Unit to complete the investigation. In September 2023, the National Investigation Agency reportedly filed a chargesheet claiming that the concerned NGOs and individuals had been collecting funds domestically and from various foreign countries and directing them to sustain and promote terrorist and secessionist activities. At the time of writing, they remain detained at the Rohini Jail Complex and, if convicted, could face up to 14 years of imprisonment or even the death penalty.117. On 5 July 2024, the Government responded to the note verbale sent in connection to the present report noting its commitment to meaningful engagement with the United Nations system in the spirit of constructive dialogue and cooperation. The Government referred to its previous replies on the cases above which it trusted would be taken into consideration. The Government noted its commitment to ensuring a safe working environment for people engaged in the promotion and protection of human rights as long as their activities are in conformity with the national legislation.
111. Regarding the situation of Mr. Parvez, the Government noted that his preventive detention was based on the cases registered against him under the Code of Criminal Procedure for his activities against public order. The Government also noted that law enforcement agencies had found Mr. Parvez to be instigating and executing violent acts and disturbances since July 2016. The Government informed that Mr. Parvez had been providedwith the necessary medical assistance and experienced no hindrance to access his legal counsel.