A/HRC/48/28
Kashmir, which noted reprisals against Central Jammu and Kashmir Coalition of Civil
Society (JKCCS), a union of various non-profit organizations based in Srinagar, which
regularly cooperates with the UN. 169 Names of additional sources for OHCHR’s reports,
including victims of torture, were withheld due to a fear of further reprisals (Annex II, para.
74). 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.
63.
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. 171
65.
The situation of Mr. Henri Tiphagne, from the Centre for Promotion of Social
Concerns (CPSC, also known as People’s Watch), was included in the 2019 and 2018 reports
of the Secretary-General.172 Special procedures mandate holders had expressed concern at
the use of the Foreign Contribution (Regulation) Act of 2010 (FCRA) to restrict the work of
non-governmental organizations seeking to cooperate with the UN (OTH 27/2017), and
noted that the non-renewal of CPSC’s license was a clear case of reprisal for Mr. Tiphagne’s
cooperation with the UN (IND 14/2018). The refusal to renew the organization’s license to
receive foreign funding was upheld by the High Court of New Delhi in January 2017, and
the case was adjourned to 31 August 2018, but has reportedly since remained pending.
According to information received in May 2021, the High Court of New Delhi had listed, but
not heard, the case 12 times before the COVID-19 lockdown commenced in India in March
2020 (between 18 August 2018 and 3 March 2020), and subsequently six times when Indian
judicial operations had resumed remotely (between 3 April 2020 and 15 April 2021).
66.
Allegations of reprisals against the Centre for Social Development (CSD) in
Manipur and its staff, including its secretary Mr. Nobokishore Urikhimbam, were included
in the 2020, 2019 and 2018 reports of the Secretary-General.173 Staff had reportedly been
under surveillance for submitting information to and meeting with the UN on human rights
and other concerns related to uranium mining and cement factories in Meghalaya, and,
169
170
171
172
173
62
https://www.ohchr.org/Documents/Countries/IN/KashmirUpdateReport_8July2019.pdf.
A/HRC/42/30, para. 58 and Annex II, para. 59; A/HRC/39/41, Annex II, paras. 23–24; A/HRC/36/31,
paras. 36.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35911.
A/HRC/42/30, para. 58 and Annex II, para. 58; A/HRC/39/41, para. 50, and Annex I, paras. 61–62.
A/HRC/45/36, para. 76, Annex II. paras. 72-73; A/HRC/42/30, Annex II, para. 57; A/HRC/39/41,
para. 50 and Annex I paras. 63-65.