February 26, 2021
Boris Johnson
Prime Minister UK
10 Downing Street
London, United Kingdom
SWIA2IA
Ref: Arbitrary arrest and detention of Tanveer Ahmed (a British Kashmiri) ill-treatment and torture in police custody in Pakistani administered Kashmir [Azad Kashmir] (AJK)

Dear Prime Minister

The following matter needs your urgent attention and intervention as a political detainee (who happens to be British National) in Pakistani administered Jammu Kashmir (PAJK) commonly known as Azad Jammu and Kashmir (AJK) is facing atrocious and inhuman treatment from authorities during his unlawful incarceration.The matter needs to be addressed immediately because Pakistani State is persecuting a researcher, scholar, a well-known journalist and a civil rights activist just because he contrasts on purely legal, constitutional and democratic merits the imposed State’s [Pakistan] Narrative on indigenous people of [Azad] Kashmir. His life is at risk because he is on hunger strike since February 11, 2020 and handcuffed with chains even when he is admitted in hospital. His bail application has been denied by all the courts including the Supreme Court of Azad Jammu and Kashmir.

Facts of the Case:

Mr. Tanveer Ahmed is a British Kashmiri, who has been actively engaged in Azad Jammu and Kashmir (AJK) to build a civil society narrative for political, social and economic rights of indigenous people for over a decade. During his work he encountered many obstacles by
Pakistani security agencies as well as local authorities. He was picked up and jailed on numerous occasions on false charges and at many instances tortured while in custody witnessed by his inmates.

Mr. Tanveer Ahmed politically opinionates that State of Jammu Kashmir in its entirety is not the part of Pakistan or India and people in Jammu Kashmir deserve equal rights and dignity till the final decision of their country by expressing their free political and democratic will through a mechanism recognized in International Law. The United Nations’ Security Council (UNSC) resolutions on Kashmir conflict and the United Nations’ Commission for India and Pakistan (UNCIP) also maintained the same legal and constitutional merits as Mr. Ahmed has been advocating in Azad Jammu and Kashmir. But the local government of AJK and Pakistani authorities do not let him voice for the rights of indigenous people.

On August 21, 2020 he was beaten, tortured and arrested at Dadyal city of AJK. It has been more than six months since he was arrested and all the lawful efforts by his legal team and political comrades to get a bail for him from local courts could not be successful. It is because judiciary is not independent in Pakistan and you can imagine its [mis] conduct in a territory occupied by the same country. Even the Supreme Court of AJK rejected his bail application due to unknown reasons. Trial court in Dadyal is using the procrastinating tactics since many weeks.

His wife managed to visit him in October of last year in District Jail Mirpur, a city in AJK. According to her statement on social media sites, she stated that “Authorities are keeping him in a dark confined cell full of insects and other creeping poisonous animals”. His wife further stated on social media sites that “insects’ bites and stings could be clearly seen on Tanveer’s body and he was in serious pain while meeting with his immediate family”. In this situation sleep deprivation was another serious concern affecting his health because he had been deprived of medical attention since he was arrested. He was arrested only because he challenges politically and non-violently the State’s (Pakistan) imposed narrative and advocates the rights of people in AJK in accordance with the norms and principles of International human rights law regime.

On November 13 BBC reported on his case and I am quoting it from BBC website here “Tanveer Ahmed Rafique, a 48-year-old activist who has called for the disputed region to be granted
independence from both Pakistan and India, was detained in August in the city of Dadyal. His wife told the BBC he has held a number of hunger strikes in protest at being denied bail and had
become "extremely weak". Mr Rafique's younger sister Asma, who lives in London, told the BBC her brother was warned by intelligence agents that if he did not stop his activities, "nobody
would ever hear of him or see him again". The Pakistani military did not respond to a request to comment.” (https://www.bbc.com/news/world-asia-54921606

In a video clip released on social media in the beginning of February 2021 he was talking to his supporters while going to the court. In this video, one can clearly see that his voice was fragmentary and traumatized. His health conditions are severely damaged and at the brim of
cataclysm.

Submission:

In light of the above narrated facts, we seek your immediate intervention to stop this inhuman treatment by Pakistani authorities and AJK government against a researcher, scholar, civil liberties advocate and a journalist. We believe that Tanveer did not violate any law. He just virtually voiced his rights in accordance with Universal declaration of Human Rights (UDHR 1948), International Covenant on Civil and Political Rights (ICCPR 1966) and International Covenant on Economic, Social and Cultural Rights (ICESCR 1966). His struggle has always been in the framework outlined in UNSC resolutions on Jammu Kashmir and his demands are also defined in United Nations Commission for India and Pakistan (UNCIP) resolution of 13th August 1948 and Truce Agreement to which Pakistan agreed at the UN.

Contrary to this fact that Pakistan is a party to above international conventions and covenants, it continuously denying the fundamental rights to Kashmiri citizens in AJK. Although Pakistani prima facie, supports Kashmiri’s right to self-determination and the implementation of UN Resolutions on Kashmir, yet in practice on one hand, it continues to remain a breach of the UN stipulations and on the other has introduced constitutional restraints, under sections 4(7) (3),19(2), 31(3) and 56 of the Constitution Act 1974 of AJK, which is now amended as Constitution 2018 but the main articles barring political activities are still intact.Under Section 4(7) (3) - “No person or political party in AJK shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s (Jammu Kashmir) accession to Pakistan”.

The political activists who challenge this constitutional fetter attract the adverse attention of the authorities and face persecution and Tanveer is going through the same predicament. And due to the same reason his wife fears injustices and even her husband’s life.

Let us take the liberty to remind you article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) that binds state parties and signatories that:

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

We, (Kashmiri Diaspora) anticipate from your office to remind Pakistani government of its responsibilities and obligations to protect life, honor and dignity of people in AJK till the final
decision of Jammu Kashmir. Tanveer Ahmed must be released immediately and unconditionally and an inquiry must begin against those perpetrators who tortured, mistreated and disgraced him.

Last but not the least we demand that Mr. Tanveer Ahmed and the political school of opinion that advocates an Independent, secular and democratic State of Jammu Kashmir, (instead of
siding with either Pakistan or India) must be allowed to campaign without any fear to be persecuted in AJK.

Rest assured our best co-operation in this regard
Sincerely
Free Tanveer Campaign