Declares that the trial of Yasin Malik contravenes article 10 of the Universal Declaration of Human Rights regarding his receiving a fair trial and India’s own constitution; notes that Mr Malik was arrested and taken to Jammu Jail in 2019 shortly after the Indian Government banned the Jammu and Kashmir Liberation Front, then transferred to Tihar Jail on the outskirts of Delhi on 7 May 2019, where he was kept in inhumane conditions; further that he was arrested on a contrived offence by the Indian Government under the Public Safety Act (PSA) and the Unlawful Activities (Prevention) Act (UAPA); further that the PSA and UAPA have been condemned by the United Nations as contravening human rights law, the Geneva Convention and the Constitution of India 1950; declares that the Indian government is failing to observe 1948 United Nations Resolution 47 which states: “The Government of India should themselves and through the Government of the State declare and make known that all subjects of the State of Jammu and Kashmir, regardless of creed, caste or party, will be safe and free in expressing their views and in voting on the question of the accession of the State and that there will be freedom of the press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit”; further that India is still using colonial detention laws from 1860 especially the Law of Sedition under Penal codes 121 & 124, which was abolished in the UK in 1967; and further that there are concerns about the independence of the Special Additional Sessions Court in relation to the National Investigation Agency.
The petitioners therefore request that the House of Commons urge the Government to raise Yasin Malik’s unfair trial with the Indian Government, call for immediate medical aid for Mr Malik and his removal from solitary confinement, and request that the Indian Government release Mr Malik on bail, pending a new trial.
And the petitioners remain, etc.—[Presented by Debbie Abrahams, Official Report, 20 July 2022; Vol. 718, c. 1073.]
[P002758]
Observations from the Minister of State for South and Central Asia, North Africa, United Nations and the Commonwealth (Lord Ahmed of Wimbledon):
We have noted that Yasin Malik was convicted and sentenced in the Indian courts to two consecutive life sentences for a number of charges under Indian law. Mr Malik’s arrest and trial fell under Indian jurisdiction and we cannot intervene in the independent judicial process of another country. We understand that Mr Malik ended his hunger strike on 1 August and was provided medical attention. We expect all countries to respect and uphold their international obligations regarding the treatment of detainees and raise cases where necessary.