On 20 December 2020, special procedures mandate holders addressed concerns about raids on the JKCCS offices and attacks against Mr. Parvez (IND 20/2020), amongst other organizations and individuals, including alleged intimidation, searches and confiscations by national security agents in Jammu and Kashmir. On 28 October 2020, the National Investigation Agency (NIA), Jammu & Kashmir Police and the Central Reserve Police Forces reportedly targeted the office of JKCCS, confiscating laptops, mobile devices, and documents ranging from passports to salary strips, as well as hard drives containing surveys, testimonies, report drafts and highly sensitive data collected over decades about human rights violations, victims and their families (IND 20/2020). The NIA reportedly issued a First Information Report for the case (No RC-37/2020/NIA/DLI), referencing the Unlawful Activities (Prevention) Act (UAPA, articles 17, 18, 22A, 22C, 38, 39 and 40), highlighting the receipt of funds of the organizations from abroad and accusing them of ties to terrorism (IND 20/2020). 64. Mandate holders expressed concern that the alleged counter-terrorism measures may be aimed at discrediting the work of the targeted organizations and their staff, “in an effort to stop their reporting on regional and national political and human rights affairs” and deter further reporting by defenders in Jammu and Kashmir (IND 20/2020; see also OL IND 7/2020). They noted that the “reported seizure of their personal and professional equipment, their call data records and contacts information, could adversely affect their work and endanger and compromise their sources.” On 18 January 2021 the Government responded, the details of which were not made public due to their confidential nature.

82. The situation of the Central Jammu and Kashmir Coalition of Civil Society (JKCCS), a union of various non-profit organizations based in Srinagar, was included in the 2020 and 2021 reports 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 Indian-administered Kashmir and Pakistan-administered Kashmir.104 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-General105 and have been addressed by special procedures mandate holders on several occasions106 to which the Government has responded.107 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.108 On 5 January 2022, the Government responded, the details of which were not made public due to their confidential nature.109 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. In November 2022 and March 2023, mandate holders called 100 for Mr. Parvez’s release noting that his arrest and detention has a chilling effect on others and urged authorities to end the crackdown on civil society in the region. On 20 March 2023, a former associate of the JKCCS, human rights defender and journalist and an OHCHR Minorities Fellow, Mr. Irfan Mehraj, was arrested under the same case and transferred to New Delhi. Mandate holders noted that former associates and volunteers of the JKCCS face coercion and intimidation from the authorities. Mr. Parvez and Mr. Mehraj are currently detained at the Rohini Jail Complex. If convicted, Mr. Parvez could face up to 14 years of imprisonment or even the death penalty.

76. 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.

107. The situation of the staff and associates of the Jammu and Kashmir Coalition of Civil Society (JKCCS), a union of various non-profit organizations based in Srinagar, has been included since 2017 in the reports111 of the Secretary-General on allegations of travel bans, ill treatment, and arbitrary detention as a result of counter-terrorism charges in relation with their cooperation with United Nations entities and mechanisms.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.
108. 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.
109. 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.