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SAVE AFZAL GURU FROM
GALLOWS
An appeal to the conscious
people of the world
Mohammad Afzal Guru, 35,
a resident of a north Kashmir town of Sopore,
was arrested in December 2001 in connection
with the attack on the Indian parliament in
New Delhi. Afzal is presently lodged in New
Delhi’s high security Tihar jail and is
facing death penalty, the date for which has
been fixed as 20th October 2006.
Under International human
rights standards people charged with crimes
punishable by death are entitled to the
strictest observance of all fair trial
guarantees… In view of the irreversible
nature of the death penalty, trials and
capital cases must scrupulously observe all
the international and regional standards
protecting the right to a fair trial… (Fair
Trial Manual -Amnesty International)
Imposition of a sentence
of death upon conclusion of a trial in which
the provisions of International Covenant on
Civil and Political Rights had not been
respected, which could no longer be remedied
by appeal, would constitute a violation of
the right to life… Article 6 (1) of ICCPR
Keeping in view the above
international humanitarian standards, we are
of the opinion that the Afzal Guru’s trial
was not according to the standards laid out
for fair trial. In his case the confession
that was basis of his conviction in trial
court was rejected by the Supreme Court of
India and according to the evidence produced
by the State he was accused as a facilitator
and not directly involved in the attack.
Thereby, the death penalty is
disproportionate even according to the
Indian Supreme Court’s different judgements
and the case doesn’t even fall under the
"rarest of rare" cases in which the Supreme
Court of India has observed death penalty
should be awarded. The trial was completely
influenced by the propagandist Indian media,
which had pronounced its verdict even before
the trial had actually begun. The death
sentence to Afzal Guru is perceived by the
Kashmiris as an act of appeasement to the
jingoistic pride of India. Also the timing
and date fixed by the Court seems to be
motivated.
Afzal Guru’s death
sentence comes at a time when there is a
global campaign against the death penalty.
128 nations have so far abolished capital
punishment from their statutes and more are
following.
There is a widespread
perception that the Indian judicial system
lacks the standards of fairness when it
comes to the political cases involving
Kashmiris. Since 1953, there have been
scores of instances where the Indian
judicial system has succumbed to the
pressures from political establishment,
which emanates from their Kashmir policy.
The most prominent case is that of revered
Kashmiri leader
Mohammad Maqbool Bhat who
was hanged in Tihar jail in 1984 after
becoming a victim of unfair trail. In last
22 years even his mortal remains have not
been handed over to his family.
O ye conscious people of
the world, civil society leaders, opinion
makers and death penalty abolitionist
groups, we appeal you to join our campaign
to mount pressure on the government of India
to revoke the death penalty against Mohammad
Afzal Guru and ensure fair trial for him in
conformity to the International humanitarian
standards.
Send your protest letters
to JK COALITION OF CIVIL SOCIETY
The Bund, Amira Kadal,
Srinagar, 190001
Contact: +91-194-2482820
email: ccs@jkccs.org
Tracing the historical
background Ghulam Nabi Hagroo, a human
rights lawyer said, "Though India says
elections amount to plebiscite, we all know
these elections were fraud and hold no
semblance to the plebiscite”. “India has
never given Kashmiris any right", he added.
Mian Abdul Qayoom, President, High Court Bar
Association (HCBA), spoke on the legal
status of right to self-determination in
context to Kashmir. “Right of
self-determination has been guaranteed by
international covenants like ICCPR, ECOSOC,
which has been denied to the people. 10 lakh
people have been killed in the state since
1947”, Qayoom said.
Senior
advocate and former President of HCBA,
Zaffar Shah made critical analysis of the
prevailing situation in Kashmir and remarked
that good people are sitting away and bad
people are managing our affairs. “Right of
self-determination is a collective right of
people recognized internationally and we
have to enforce it. We need to fight for it.
Talking is good, but who talks to whom and
about what; is what matters. Srinagar-
Muzaffarabad bus service, people – to -
people contact, greater autonomy are mere
slogans which are not going to satisfy
Kashmiris. The only thing that can satisfy
them is to seek their opinion about their
future. Status quo is no longer acceptable
to them. So many people have already laid
their lives. How many more people have to
follow the suit? The current peace process
can not help to realize the right to self
determination, as people who are talking on
the government initiative are not talking
about it”.
Anuradha Bhasin, Executive Editor, Kashmir
Times, stated, “Right to self determination
needs to address questions of peace and
peace with justice. The theory of dividing
Kashmir is dangerous, keeping in view the
kind of our pluralist society and fragile
demographic set-up we have. Is right to self
determination meant only for Kashmiris or it
involves different ethnic groups as well?
Their hardened opinions and identities are
fixed. Minorities need to be accommodated
and their rights need to be
safeguarded. Self-determination is a
right and must be exercised. But people's
view need to be ascertained. It is for the
people of the J&K state to decide. There is
need to explore more meaningful ways; need
for intra-Kashmir dialogue on both sides”.
In his poetic and satirical style advocate
Noor-ul-Amin expressed, “Kashmir is
synonymous with atrocities. Confidence
Building Measures (CBM's) are a long drawn
diplomatic tactics and nothing else.
Kashmiris are being given confusion
therapies but the issue needs to be rightly
addressed”.
Professor Noor Ahmad Baba of Political
Sciences, University of Kashmir laid
emphasis on introspection. He said, “Self-
criticism is also important".
Hilal Ahmad, a local journalist while
talking about “peace, politics and media”
pointed out, “ The Indian media has largely
functioned as an extension of the huge state
apparatus comprising official machinery,
handpicked politicians, army and
intelligence agencies. Indian media behaves
predictably. Its role is to manufacture an
opinion, favorable to the state and to
ignore the bitter and unpalatable
realities”.
A low intensity war continues in Kashmir,
pointed out Gautam Navlakha, A Delhi based
columnist and a peace activist. "Peace
process is virtually zero here. We have to
look at what is the reality. Peaceful
democratic solution is possible only if
right of self-determination of people is
respected, reduction in number of forces and
withdrawal of extraordinary powers, only
this can bring peace. A staggering total of
5 lakh 51 thousand troops are in Kashmir
with 23,000 troops in district Doda alone.
Probably 15 - 20 percent of the total land
area of the state is occupied with army
camps and barracks. No one has the exact
figure. Every mohalla virtually has a
military camp. Even if the military bunkers
are beautified, they still remain. Obviously
they are not to crush the movement that is
going on. They are for something else, they
are backed by the laws and enormous powers
given to them", Gautam Navlakha said.
At the end of the seminar, a
resolution was unanimously passed.
RESOLUTION
This 20th day of April is being
organized as “Self Determination Day”, to
re-affirm our commitment for realizing this
right for the people of Jammu Kashmir.
The issue of Jammu and Kashmir relates to
the suppression of right of
self-determination to its people by military
forces, which are in excess, about a half
million. Since this right is universally
recognized right under Article 1 of ICCPR
and ECOSOCC; therefore international
covenants apply, amongst which the most
important is the Geneva Convention, which
imposes upon the State authorities an
obligation not to mistreat the population
under its control.
Even the claim advanced by the Indian state
that this is an ‘internal issue’ imposes
international obligation under the Geneva
Protocol such as presence of International
Civil Institutions. Consequently, the
presence of all Laws that run contrary to
International Covenants must be abrogated.
Before starting, ‘peace process’, certain
CBM’s amongst which ‘Release of political
prisoners, Reduction of Sentences,
significant reduction of Troops, Right to
Assembly, Repeal / Withdrawal of Security
related Laws, which are contrary to
International Covenants are essential.
Combatants on both sides must abide by
Geneva Convention Protocol, which governs
armed organisations in particular. Therefore
combatants are obliged not to harm
civilians.
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