India: Arbitrarily detained without trial for four years – Khurram Parvez must be released – Fédération internationale pour les droits humains

Report on the Arbitrary Detention of Khurram Parvez and its Implications for Sustainable Development Goals in India

1.0 Introduction

This report examines the case of human rights defender Khurram Parvez, who has been arbitrarily detained in India for four years. The situation is analyzed through the lens of the United Nations Sustainable Development Goals (SDGs), with a particular focus on SDG 16 (Peace, Justice and Strong Institutions) and SDG 17 (Partnerships for the Goals). The continued detention and persecution of Mr. Parvez and other civil society actors represent a significant challenge to India’s commitment to upholding the rule of law, protecting fundamental freedoms, and fostering effective, accountable institutions.

2.0 Case Background

• Subject: Khurram Parvez, Coordinator of the Jammu Kashmir Coalition of Civil Society (JKCCS) and Deputy Secretary-General of the International Federation for Human Rights (FIDH).
• Detention Date: 22 November 2021.
• Status: Arbitrarily detained without trial for four years in Rohini prison.
• Charges: Politically motivated charges under the Unlawful Activities (Prevention) Act (UAPA), including “waging war against the Government of India” and “terror financing.” A second case was filed in March 2023.
• International Recognition: Mr. Parvez is the recipient of the 2023 Martin Ennals Award for his work documenting human rights violations. The UN Working Group on Arbitrary Detention (WGAD) declared his detention arbitrary in June 2023 and called for his immediate release.

3.0 Analysis of Violations in Relation to Sustainable Development Goals

3.1 Contradiction of SDG 16: Peace, Justice and Strong Institutions

The case of Khurram Parvez directly undermines several key targets of SDG 16, which aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

1. Target 16.3: Promote the rule of law and ensure equal access to justice.
   • The use of the UAPA to detain Mr. Parvez for 180-day periods without evidence, and provisions that make bail “highly unlikely,” subvert the rule of law.
   • The arbitrary nature of the detention, as confirmed by the UN WGAD, demonstrates a failure to provide equal access to justice.
2. Target 16.6: Develop effective, accountable and transparent institutions.
   • The Indian authorities’ failure to respond to the UN WGAD’s opinion on Mr. Parvez’s case indicates a lack of accountability and transparency in its judicial and law enforcement institutions.
   • The systematic persecution of human rights defenders for their work suggests that state institutions are being used to suppress dissent rather than uphold rights.
3. Target 16.10: Ensure public access to information and protect fundamental freedoms.
   • The detention of Mr. Parvez and journalist Irfan Mehraj for their human rights work is a direct attack on fundamental freedoms.
   • The broader context in Indian-administered Kashmir—including arrests of journalists, travel bans, internet shutdowns, and book bans—constitutes a severe restriction on public access to information and freedom of expression, which are essential for sustainable development.

3.2 Erosion of SDG 17: Partnerships for the Goals

India’s actions in this case conflict with the principles of global partnership and cooperation central to SDG 17.

• Target 17.16 & 17.17: Enhance multi-stakeholder partnerships.
  • India’s lack of meaningful engagement with UN Special Procedures and its obstruction of international civil society organizations undermine the multi-stakeholder partnerships necessary to achieve the SDGs.
  • The documented reprisals against Mr. Parvez for his cooperation with the UN since 2018 directly contradict India’s pledges as a member of the UN Human Rights Council to cooperate with UN mechanisms and protect defenders.

4.0 Recommendations for Alignment with SDG Commitments

To align its actions with its international human rights obligations and its commitments to the Sustainable Development Goals, the Government of India is urged to take the following steps:

1. Uphold SDG 16.3: Immediately and unconditionally release Khurram Parvez and Irfan Mehraj, and drop all politically motivated charges against them.
2. Strengthen SDG 16.10: Cease all forms of harassment against human rights defenders, journalists, and civil society organizations in India and Indian-administered Kashmir, ensuring the protection of fundamental freedoms.
3. Advance SDG 16.6: Review and amend the Unlawful Activities (Prevention) Act (UAPA) to ensure its conformity with international human rights law and standards, thereby strengthening institutional accountability.
4. Fulfill SDG 17.17: Comply with its international legal obligations by allowing UN Special Rapporteurs and other human rights mechanisms unfettered access to Indian-administered Kashmir and engaging constructively with their findings.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 16: Peace, Justice and Strong Institutions

• The article directly addresses multiple facets of SDG 16 by focusing on the arbitrary detention of human rights defender Khurram Parvez, the misuse of counter-terrorism laws (UAPA), and the broader context of human rights violations in Indian-administered Kashmir. The core issues discussed—such as the lack of due process, persecution of human rights defenders, restrictions on civil liberties, and calls for legal and institutional reform—are central to the goal of promoting peaceful and inclusive societies, providing access to justice for all, and building effective, accountable, and inclusive institutions.

2. What specific targets under those SDGs can be identified based on the article’s content?

SDG 16: Peace, Justice and Strong Institutions

1. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • The article mentions that Khurram Parvez has, for years, “documented human rights violations in Indian-administered Kashmir, including enforced disappearances and extra-judicial killings.” This work directly relates to monitoring and addressing violence and death rates, which is the focus of this target.
2. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • This target is central to the article. The arbitrary detention of Khurram Parvez “without trial for four years” under the UAPA, a law described as violating “international law and human rights standards,” highlights a failure to uphold the rule of law. The article notes that the UAPA allows detention for up to 180 days “without providing any evidence” and makes it “highly unlikely” for an accused person to be released on bail, directly undermining equal access to justice.
3. Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
   • The article details numerous violations of this target. The persecution of Khurram Parvez and journalist Irfan Mehraj for their human rights work is an attack on fundamental freedoms. Furthermore, the article describes a restricted civic space where journalists face “arrests, travel bans and passport suspensions,” and access to information is “severely restricted, including through arbitrary internet shutdowns” and a “ban on certain scholarly and journalistic books.” These actions directly contravene the protection of fundamental freedoms and public access to information.
4. Target 16.a: Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime.
   • The article critiques India’s use of the Unlawful Activities (Prevention) Act (UAPA), a counter-terrorism law. It cites UN experts who expressed concerns about the UAPA’s “non-conformity with international laws and human rights standards.” The call for Indian authorities to “amend their laws into conformity with international laws and human rights standards” points to the need to strengthen national legal frameworks in a way that respects human rights, as envisioned by this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

SDG 16: Peace, Justice and Strong Institutions

1. Indicator for Target 16.3 (Promote the rule of law and ensure equal access to justice):
   • The article provides a specific case that relates to Indicator 16.3.2: Unsentenced detainees as a proportion of overall prison population. Khurram Parvez has been “arbitrarily detained without trial for four years.” The article also highlights a provision in the UAPA allowing for a pre-trial detention period of “180 days, which can subsequently be increased,” described by UN experts as “beyond reasonable.” These specific details serve as qualitative evidence for measuring the prevalence of prolonged pre-trial detention.
2. Indicators for Target 16.10 (Ensure public access to information and protect fundamental freedoms):
   • The article directly relates to Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates. The cases of Khurram Parvez, a human rights defender, and Irfan Mehraj, a journalist, being arbitrarily detained on “fabricated charges” are explicit examples that fall under this indicator. The article also mentions reprisals against Khurram since 2018 for “cooperating with the UN.”
   • The article implies a lack of progress on Indicator 16.10.2: Number of countries that adopt and implement constitutional, statutory and/or policy guarantees for public access to information. The mention of “arbitrary internet shutdowns,” a “ban on certain scholarly and journalistic books,” and the general suppression of journalists and civil society organizations indicates that policies are being implemented to restrict, rather than guarantee, public access to information.

4. Table of SDGs, Targets, and Indicators

Source: fidh.org