PAKISTAN: Government victimizes human rights activist for publishing book on assassinated Kashmiri freedom fighter

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information that a prominent activist from Pakistani Kashmir, Mohammad Rafiq Khawaja, who is also Editor of an Urdu daily, is under State repression. He is being victimised for standing up for the rights of the struggle of Kashmiris and for bringing to light the murder of prominent Kashmiri leader Arif Shahid.

All of Mr. Rafique’s printed books were confiscated a month before official announcement, and the office and press have remained sealed since 2014, due to which he has incurred losses amounting to Pak Rupees three million. Mr. Rafique and his office assistant were arrested, kept in a private detention center, and tortured for several days. He was charged with the newly promulgated Anti-Terrorism Ordinance and Anti-State element, being the first person in the state booked under the newly promulgated anti-terrorism ordinance.

He has remained, throughout this, as the representative of the United States Library of Congress, Overseas Office, at Mirpur, Azad Kashmir.

The Pakistani State authorities are threatening him and his family with dire consequences.

CASE NARRATIVE:

Mr. Mohammad Rafiq Khawaja, son of Pinoo Khan, resident of Mirpur, Azad Jammu Kashmir, runs his own printing press by the name of “Kashar Printing Service” and has been struggling for the cause of the independence of Kashmiri people on both the sides – Indian occupied and Pakistani occupied Kashmir – for the past several decades, using his organisation, Kashmir International Friendship Club, for this purpose. He has also worked as Editor of the daily “Apna Dais.” Due to his affiliation with the cause of the Kashmiri freedom struggle, he has been victimised by the State; this has forced Mr. Rafique to seek asylum abroad.

In 1997, due to his relentless efforts for the cause of Kashmiri people, and the resultant threat to his life Mr. Rafique was granted refugee status by the UNHCR in Hong Kong. However, unfortunately, due to unforeseeable circumstances he had to return to his country as his mother was on deathbed, at the time. (Please click to learn more about his asylum.)

Again, a new wave of State repression began when he established his publishing house. On 22 October 2014, Rafiq organised a black day against the anniversary of the occupation of Pakistani side Kashmir by the Pakistani forces in 1948. His organisation, Kashmir International Friendship Club, held a protest day and a seminar. The Azad government of the state of Jammu and Kashmir issued an ordinance on July 7, 2014, with the name of Azad Jammu and Kashmir Anti-Terrorism Ordinance, 2014. Mr. Rafiq was made as the first victim to the Ordinance.

He was arrested twice, in 2014 and 2015; under this ordinance at least three Police Stations have arrested him on the same charges, however the courts have released him on bail as the government has not provided substantiated evidence. He is still facing trial in different courts that do not have the courage to exonerate him from all charges.

In the 24 October 2014 seminar, a book on the murder of famous Kashmiri intellectual, Mr. Arif Shahid, titled “why Arif Shahid was launched.

Please find here the link about the urgent appeal issued on Arif Shahid’s murder; http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-073-2013

The book sheds light on the reason behind his murder and exposes the nefarious designs of the State against the Kashmiris leaders. The book attracted the ire of the State and establishment. Two days later, on 24 October 2014, the police raided Mr. Rafique’s office, without warrant, and took away 800 copies of the book. Mr Rafiq has already filed a case in the court for their recovery. Later on, the book was banned, on 7 November 2014, throughout Pakistani Jammu and Kashmir, vide the order of the Prime Minister of AJK.

The book was written by one exiled Kashmiri writer, Mr. Shabbir Choudry, Chairman of the All Parties National Alliance (APNA) and president of the Jammu Kashmir National Liberation Conference (JKNLC), who has been declared by the Pakistani government as Anti-Pakistan and a traitor, for which Rafiq received a remuneration of two lacs Rupes. It is pertinent to note that several books authored by Mr. Arif Shahid, were also seized. (Please see attachment for accessing notification about the book ban.)

The Thotal police and intelligence agency officials, who confiscated the books, again conducted a raid, a year later, on 29 August 2015. Mr Rafiq’s printing press, under the pretext of implementation of action against hate speech as enunciated in National Action Plan (NAP). The NAP was issued by the Government of Pakistan under the instruction of the Pakistan Army to combat religious sectarian based terrorism after the attack on the Army Public School in December 2014, by the Taliban. However in Pakistani Kashmir Mr. Rafiq was made the first victim of NAP, whereas he has been always declared by Muslim fundamentalists as an infidel and non-believer.

Mr Rafiq, along with his composer Mr Talat Mehmood, was arrested under section 123 of Azad Jammu Kashmir Penal Code and Section 37 of AJK anti-terrorism Act that prescribes 5 and 10 years imprisonment respectively. Section 123 of the Penal Code is related to anti-state elements and 37 belongs to the newly formed Anti-Terrorism Ordinance.

Mr. Rafiq was arrested, even though Bail before arrest was pending to be heard on 20 August 2015. During the arrest, Rafiq was tortured for two weeks in police custody; a week prior to the raid he was picked by the agencies and tortured for a week; subsequently he was released.

By year 2016, his son’s office had also been sealed by the police, and the agencies began threatening Mr. Rafiq’s family with dire consequences. Mr. Rafique’s printing press is sealed to date; the press has been in business for the past 30 years. The foreclosure of his office has deprived Rafiq of his livelihood and he is unable to feed his family. He has incurred a loss to the tune of Pak Rupees three millions. His children’s future is also jeopardised, as he is unable to pay their school fee.

The State, through its intelligence agencies, which are very active in the Kashmir Valley, has continued to operate against the activists; it has pushed Mr. Rafique using various pressure tactics. Non bailable arrest warrant have been issued against him in multiple frivolous cases. Rafiq is scared for his life and has requested international bodies to help him and his family seek refuge.

Mr. Rafique has remained a representative of the United States Library of Congress, Overseas Office at Mirpur, Azad Kashmir, for several years (Please see link)

ADDITIONAL INFORMATION:

Mr. Rafiq Khawaja has been a long-standing proponent of independence for the whole of Jammu and Kashmir from India and Pakistan. He has remained an activist for the Jammu and Kashmir Liberation Front (JKLF), whose leader, Maqbool Butt, was executed in 1984 in India.

The JKLF emerged as a strong movement for the independence of both Kashmirs and the forces of India and Pakistan crushed this movement. Mr. Rafiq always observed the Martyr Day of Maqbool Butt and has held seminars and rallies. His daily newspaper, Apna Dais (My Country), used to publish special editions on freedom fighters and on the atrocities of Pakistani and Indian forces against the Kashmiri people.

Human rights defenders in Pakistan have been subjected to targeted killings by non-State actors, groups, and individuals that opposed their work. While these are crimes in domestic law, under international human rights law the State also bears responsibility if it does not exercise due diligence, i.e. if it fails to prevent such abuses or fails to ensure that perpetrators are brought to justice. Human rights defenders – be they journalists investigating and documenting wrongdoings of State agents, lawyers representing victims of human rights abuse in court, or human rights activists campaigning to end human rights violations – have been subject to a range of human rights violations themselves. They have been harassed, arbitrarily arrested and detained, subjected to enforced disappearance, torture, and extrajudicial killings.

Contrary to the spirit of the UN Declaration on Human Rights Defenders, State agents have committed such violations at an increasing rate recently, with impunity. This crackdown on human rights defenders has happened at a time when rights violations are reported from Balochistan at an increasing rate, making the role of human rights defenders in supporting victims, campaigning for legal redress, and working to end abuse more important than ever.

SUGGESTED ACTION:

Please write letters to the authorities mentioned below asking them to withdraw all frivolous charges against Mr. Rafiq Khawaja and return all his printing material and other items were confiscated by the police and the agents of ISI. Please also urge the authorities to de-seal the printing press of Mr. Rafiq and compensate him for his loses since 2014 when local authorities raided his press.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Human Rights Defenders, calling for his intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER