FM draws UN Secretary General’s attention to malicious conviction of Yasin Malik

ISLAMABAD: Foreign Minister Bilawal Bhutto Zardari, as part of Pakistan’s ongoing efforts to draw the attention of the international community to the alarming situation in Indian Illegally Occupied Jammu and Kashmir (IIOJK), has addressed a letter to Secretary-General of the United Nations, Antonio Guterres.

The letter dated May 31, 2022, apprises the Secretary-General of the circumstances of Yasin Malik’s conviction in a manifestly dubious and politically motivated case filed by the Indian National Investigation Agency, his chronic ailments, and the ruthless treatment meted out to him in Indian jails.

It also highlights that the incarceration of Yasin Malik, his sham trial on concocted charges, his malicious conviction, and the attempt to portray the legitimate freedom struggle of the Kashmiris as terrorism, illustrates India’s blatant disregard of its international legal obligations, a press release issued here by the Ministry of

The Foreign Minister underscored that the malicious trial and conviction of Yasin Malik was a part of the Indian government’s ongoing attempts to persecute and repress the Kashmiris and their leadership and to implicate them in fictitious and motivated cases.

He noted that by denying a fair trial to Mr. Malik, arbitrarily detaining him, and meting inhumane treatment to him in jail since 2019, India is in contravention of international human rights law, in particular the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

He also cautioned that in line with the well-documented pattern of Indian behavior, there was a credible risk of “custodial murder” in the case of Yasin Malik

The Foreign Minister urged the Secretary-General to play his role in promoting a peaceful resolution of the Jammu and Kashmir dispute in accordance with the relevant UNSC resolutions; and called upon the international community to:

Take immediate cognizance of India’s outrageous targeting of indigenous Kashmiri leadership through motivated cases; Prevail upon India to dismiss all the baseless charges against Mr. Yasin Malik and ensure his immediate release from prison;

Urge India to release all other Kashmiri leaders incarcerated on trumped-up charges and allow the people of Indian Illegally Occupied Jammu and Kashmir to determine their own future through a free and impartial UN-sponsored plebiscite as prescribed in the relevant UN Security Council resolutions;

Compel and counsel India to end its egregious violations of human rights against the people of Indian Illegally Occupied Jammu and Kashmir and implement the recommendations of the two OHCHR Kashmir Reports;

Prevail upon India to repeal draconian laws including UAPA and accept UN-supervised investigation into the human rights situation in the Indian Illegally Occupied Jammu and Kashmir, allow access to independent monitors for assessment of the ground situation in Indian Illegally Occupied Jammu and Kashmir, and to allow the Kashmiris to determine their own future through a free and impartial plebiscite under the auspices of the United Nations as enshrined in the relevant UN Security Council resolutions. Adding to this, Pakistan told the UN Security Council Thursday that “selectivity and double standards” in implementing the 15-member body’s resolutions on long-standing disputes, like Jammu and Kashmir, have led to violations of international law that adversely impact on world peace and security. “This issue has proved to be the system’s ‘Achilles’ Heel’,” acting Pakistan Permanent Representative to the UN, Ambassador Aamir Khan, said during a high-level debate on strengthening accountability and justice for serious violations of international law.

“Selectivity and double standards in implementation of Security Council resolutions and decisions, especially on long-standing disputes remain a principal cause of concern,” he added.

In addition, the Pakistani envoy said, the concepts, such as the “Responsibility to Protect (R2P)”, continue to remain divisive, particularly because its application remains driven solely by political considerations.

(R2P rests upon three pillars: the responsibility of each State to protect its populations; the responsibility of the international community to assist States in protecting their populations; and the responsibility of the international community to protect when a state is manifestly failing to protect its populations.)

“As a result,” the Pakistani envoy said, “serious violations in situations of illegal occupation with clear UN Security Council mandates can easily spiral to genocide, war crimes, and crimes against humanity in the absence of international scrutiny and accountability.”

Jammu and Kashmir, Ambassador Aamir Khan said, was one glaring example of such brutal occupation where international law has been flouted for decades.