Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of, Mr. Sajid Hussain, a Kashmiri frontline human rights defender facing deportation to Pakistan from Belgium. We are informed that Hussain has been a vocal advocate for the independence of Kashmir associated with United Kashmir People’s National Party (UKPNP). We are informed that Hussain’s work is not appreciated by the Government of Pakistan, and that his life was under threat in Pakistan.
CASE NARRATIVE:
We have been provided with the following information about Hussain’s case:
Hussain was born on 10 April 1980, and was the resident of Jandala village in Poonch district of Pakistan Administered Kashmir. Hussain entered Belgium in 2006, and sought political asylum in Belgium. Initially, the processing authorities in Belgium accepted Hussain as a candidate to be considered as a refugee. Hussain’s case however was rejected by the authorities after a long process. Authorities in Belgium tried to deport Hussain once, but due to interventions the process was dropped. At present, Hussain is kept at the repatriation center 127 bis in Steenokkerzeel. We are informed that Hussain’s file number is SP 5894203.
The AHRC is aware that if Hussain is to be deported to Pakistan, his life will be in immediate danger. There have been countless documented cases of political activists being jailed, tortured, murdered, or having disappeared by the Government of Pakistan for their political work for a free Kashmir. We are worried that if Hussain is forced to return to Pakistan, he would be one more number in these statistics.
For instance, on 13 May 2013, Mr. Sardar Arif Shahid, Chairperson of the All Parties National Alliance, an organisation that advocates for free Kashmir was shot dead in front of his house in Rawalpindi. The political party for which Hussain is working for, the UKPNP, is a close associate of the All Parties National Alliance.
The Government of Pakistan has the horrendous record of high rate of human rights abuses committed systematically against Kashmir activists. If Hussain is returned to Pakistan, no independent agency or his family will be able to guarantee his safety. The AHRC is informed that the chances are the Pakistani authorities will take Hussain into custody immediately upon arrival in Pakistan and there is nothing available in Pakistan to prevent it. Once in custody, Hussain’s life will be in direct threat from the authorities. It is also highly likely that Hussain would be tortured whilst in custody. The AHRC is certain that your government is aware Pakistan uses torture also as a form of punishment. Besides, even if the government does not take Hussain into custody, it is highly likely that he will either disappear or would be shot dead, as it has happened for hundreds of other cases in Pakistan.
The AHRC wishes to highlight here that human rights defenders and freedom activists in Kashmir face serious threats in Pakistan, since oppression of voices of dissent is state policy in that country. Despite ratifying the UNCAT, Pakistan has no domestic legislation in place that is capable of fulfilling its treaty obligation. According to the statistics released by the Commission of Enquiry for Enforced Disappearances, as of March 2017, 3915 cases of disappearances were reported to the Commission. Most of these cases are from regions like Kashmir and Baluchistan where the persons disappeared are those involved in political activities in these regions. Since 2017, agencies in Pakistan are also targeting social media activists and bloggers who has been criticising human rights abuses committed by the state agencies in Pakistan.
The AHRC wishes to affirm that deporting Hussain to Pakistan will therefore inevitably endanger his life, for which the Government of Belgium should not be held as an accomplice. The AHRC wishes to bring to your attention, the international law principle of non-refoulement that guarantees that individuals have the right not to be forcibly returned to countries where they face persecution.
ADDITIONAL INFORMATION:
Article 3 of the UNCAT warrants Belgium not to expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. For the purpose of determining whether there are such grounds, the authorities in Belgium shall take into account all relevant considerations including, where applicable, the existence in Pakistan of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 16 of the International Convention for the Protection of All Persons from Enforced
Disappearance require Belgium not to expel, return, surrender or extradite a person to any state, Pakistan in this instance, where there are substantial grounds for believing that Hussain would be in danger of being subjected to enforced disappearance.
Article 3 of the 1933 Convention Relating to the International Status of Refugees to which Belgium is a party requires commitment from Belgium not to return refugees “across the frontiers of their country of origin … unless dictated by national security or public order.” Hussain was never a threat to national security or public order in Belgium. To our information, there has been no charge against Hussain on this ground in Belgium. The principle of non- refoulement is also a norm under customary international law that applies to Belgium.
SUGGESTED ACTION:
The AHRC therefore urges the immediate halt to the deportation of Mr. Hussain and allow him to remain in Belgium until such time that the existing threat to his life in Pakistan ceases to exist.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PAKISTAN: Stop the deportation of Mr. Sajid Hussain, an asylum seeker currently in Belgium, bearing file number SP 5894203, to Pakistan
Name of victim: Mr. Sajid Hussain
Date of scheduled deportation: 24th May 2017
Place of incident: Repatriation center 127 bis in Steenokkerzeel Belgium
I am writing to voice my deep concern regarding the case of, Mr. Sajid Hussain, a Kashmiri frontline human rights defender facing deportation to Pakistan from Belgium. We are informed that Hussain has been a vocal advocate for the independence of Kashmir associated with United Kashmir People’s National Party (UKPNP). We are informed that Hussain’s work is not appreciated by the Government of Pakistan, and that his life was under threat in Pakistan.
I have been provided with the following information about Hussain’s case:
Hussain was born on 10 April 1980, and was the resident of Jandala village in Poonch district of Pakistan Administered Kashmir. Hussain entered Belgium in 2006, and sought political asylum in Belgium. Initially, the processing authorities in Belgium accepted Hussain as a candidate to be considered as a refugee. Hussain’s case however was rejected by the authorities after a long process. Authorities in Belgium tried to deport Hussain once, but due to interventions the process was dropped. At present, Hussain is kept at the repatriation center 127 bis in Steenokkerzeel. We are informed that Hussain’s file number is SP 5894203.
I am aware that if Hussain is to be deported to Pakistan, his life will be in immediate danger. There have been countless documented cases of political activists being jailed, tortured, murdered, or having disappeared by the Government of Pakistan for their political work for a free Kashmir. We are worried that if Hussain is forced to return to Pakistan, he would be one more number in these statistics.
For instance, on 13 May 2013, Mr. Sardar Arif Shahid, Chairperson of the All Parties National Alliance, an organisation that advocates for free Kashmir was shot dead in front of his house in Rawalpindi. The political party for which Hussain is working for, the UKPNP, is a close associate of the All Parties National Alliance.
The Government of Pakistan has the horrendous record of high rate of human rights abuses committed systematically against Kashmir activists. If Hussain is returned to Pakistan, no independent agency or his family will be able to guarantee his safety. The AHRC is informed that the chances are the Pakistani authorities will take Hussain into custody immediately upon arrival in Pakistan and there is nothing available in Pakistan to prevent it. Once in custody, Hussain’s life will be in direct threat from the authorities. It is also highly likely that Hussain would be tortured whilst in custody. The AHRC is certain that your government is aware Pakistan uses torture also as a form of punishment. Besides, even if the government does not take Hussain into custody, it is highly likely that he will either disappear or would be shot dead, as it has happened for hundreds of other cases in Pakistan.
I wish to highlight here that human rights defenders and freedom activists in Kashmir face serious threats in Pakistan, since oppression of voices of dissent is state policy in that country. Despite ratifying the UNCAT, Pakistan has no domestic legislation in place that is capable of fulfilling its treaty obligation. According to the statistics released by the Commission of Enquiry for Enforced Disappearances, as of March 2017, 3915 cases of disappearances were reported to the Commission. Most of these cases are from regions like Kashmir and Baluchistan where the persons disappeared are those involved in political activities in these regions. Since 2017, agencies in Pakistan are also targeting social media activists and bloggers who has been criticising human rights abuses committed by the state agencies in Pakistan.
I also wish to affirm that deporting Hussain to Pakistan will therefore inevitably endanger his life, for which the Government of Belgium should not be held as an accomplice. The AHRC wishes to bring to your attention, the international law principle of non-refoulement that guarantees that individuals have the right not to be forcibly returned to countries where they face persecution.
Article 3 of the UNCAT warrants Belgium not to expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. For the purpose of determining whether there are such grounds, the authorities in Belgium shall take into account all relevant considerations including, where applicable, the existence in Pakistan of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 16 of the International Convention for the Protection of All Persons from Enforced
Disappearance require Belgium not to expel, return, surrender or extradite a person to any state, Pakistan in this instance, where there are substantial grounds for believing that Hussain would be in danger of being subjected to enforced disappearance.
Article 3 of the 1933 Convention Relating to the International Status of Refugees to which Belgium is a party requires commitment from Belgium not to return refugees “across the frontiers of their country of origin … unless dictated by national security or public order.” Hussain was never a threat to national security or public order in Belgium. To our information, there has been no charge against Hussain on this ground in Belgium. The principle of non- refoulement is also a norm under customary international law that applies to Belgium.
I therefore urge the immediate halt to the deportation of Mr. Hussain and allow him to remain in Belgium until such time that the existing threat to his life in Pakistan ceases to exist.
Yours Sincerely,
PLEASE SEND YOUR LETTERS TO:
1. Honourable Mr. Charles Yves Jean Ghislaine Michel
Prime Minister of Belgium
16, rue de la Loi
1000 Brussels
Phone +32 2 501 02 11
Fax+32 2 512 69 53
Email: charles.michel@premier.fed.be
2. European Parliament
Bât. Altiero Spinelli
60 rue Wiertz, Wiertzstraat 60
B-1047 – Bruxelles, Brussels
Belgium
Phone: +32(0)2 28 42111
Fax: +32(0)2 28 46974
3. Council of Europe
Office of the Commissioner for Human Rights
Stefano Montanari
F-67075 Strasbourg Cedex
FRANCE
Tel: + 33 (0)3 88 41 35 38, +33 (0)6 61 14 70 37
Fax: + 33 (0)3 90 21 50 53
Email: stefano.montanari@coe.int
4. Mr. Paul d’Auchamp
Acting Regional Representative for Europe
UN OHCHR Office in Brussels
Rue Montoyer 14
1000 Brussels, Belgium
Phone: +32-(0)2-2740170
Email: brussels@ohchr.org
5. Federal Service for Justice Belgium.
Service Public Fédéral de la Justice
Service d’entraide internationale en matière civile
Boulevard de Waterloo, 115
1000 BRUXELLES
Belgique
Telephone: +32 (2) 542 6511
Fax: +32 (2) 542 7006
E-mail: info@just.fgov.be
6. The commissioner general for refugees and stateless persons-Belgium
Boulevard du Roi Albert II, 28-30
1000 Brussels
+32 (0)2 205 51 11 (phone)
+32 (0)2 205 51 15 (fax)
Email: CGVS.INFO@IBZ.FGOV.BE
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
