국제앰네스티는 21일 잠무(Jammu) 시 및 카슈미르(Kashmir) 주 고등법원 변호사협회 대표들에 대한 예방적 구금을 즉시 중단할 것을 잠무 시 및 카슈미르 주 당국에 요청했다.미안 압둘 퀘이움(Mian Abdul Qayoom) 변호사협회 회장과 굴람 나비 샤힌(Ghulam Nabi Shaheen) 사무총장은 J&K 공공안전법 (J&K Public Safety Act: PSA)에 따라 각자 지난 7일 및 18일 강제 구금됐다.
PSA는 애매한 조항으로 대상이 국가에 부정적인 영향을 끼칠 수 있다고 의심될 경우 특정 혐의나 재판 없이 최장 2년간 구금할 수 있다.
국제앰네스티 샘 자리피(Sam Zarifi) 아시아태평양 국장은 “변호사협회 대표를 체포한 배경은 합법적이고 평화적인 시위행위를 사전에 막으려는 카슈미르 주 당국이 감행하고 있는 단속 정책의 일부인 것 같다”고 말했다.
스리나가르(Srinagar) 지역 행정장관은 미안 퀘이움이 변호사협회를 “분리주의단체”로 규정하며 “불법 행위”를 범하려 했다고 말하며 그의 구금을 정당화시켰다.
자리피 국장은 “주 행정부는 PSA법에 따른 예방적 구금을 하면서 재판 절차를 뒤엎고 있다”며 “미안 퀘이움에 대해 정부가 기소할 혐의가 있다면, 보석 석방을 허용하는 등 법적 보호를 퀘이움이 받고 있는 상태에서 정당한 형사재판을 통해야 한다”고 말했다.
Jammu and Kashmir authorities urged to end detention of lawyers
22 July 2010
The Jammu and Kashmir state government must immediately end the preventive detention of the leaders of the Jammu and Kashmir High Court Bar Association, Amnesty International said on Wednesday.
Mian Abdul Qayoom, the President of the Bar Association and Ghulam Nabi Shaheen, its General Secretary, have been arbitrarily detained under the J&K Public Safety Act (PSA) since 7 July and 18 July 2010 respectively.
The vaguely formulated PSA allows for detentions of up to two years without charge or trial on the presumption that future acts harmful to the state may be committed.
“The detention of the Bar Association leaders appears to be an attempt to stifle legitimate and peaceful protest, as part of the ongoing crackdown by the authorities in parts of Kashmir,” said Sam Zarifi, Asia-Pacific Director at Amnesty International
The grounds of detention prepared by the Srinagar District Magistrate relating to Mian Qayoom allege he is attempting to turn the Bar Association into “a secessionist outfit” indulging in “illegal activities”.
Four previous criminal cases registered involving Mian Qayoom between October 2008 and June 2010 are also mentioned in the document which accuses him of instigating recent protests that have reportedly left at least 18 people dead.
“The state administration has resorted to preventive detention under the PSA, which subverts the judicial process,” Zarifi said. “If the government has criminal charges to bring, it should do so in a properly constituted criminal trial where Mian Qayoom will have the protections afforded under the law, for instance, the ability to post bail.”
The official grounds of detention against Mian Qayoom state that he is being detained for questioning the conduct of government security forces and for his political views.
Reports indicate the General Secretary of the Bar Association, Ghulam Nabi Shaheen, is being detained on similar grounds as well as for organizing public rallies seeking the release of Mian Qayoom.
“The arbitrary use of the PSA to detain government critics is yet another demonstration of why this law must be repealed,” Zarifi said.
The Kashmir valley has witnessed mass public protests over the past several months, initially over the extrajudicial executions of three men at Machil, Baramulla district, and subsequently by killings of protesters by Central Reserve Police Force personnel.
At least 18 people, many of them teenagers, were allegedly killed during a crackdown on protests that began on 11 June 2010.
Amnesty International has previously demanded that the Indian authorities avoid excessive use of force and investigate all the deaths due to the shootings.
The State administration has also responded by placing a large number of people in preventive detention instead of charging and trying them – including those reportedly suspected of throwing stones at the police and others suspected of inciting violence by posting inflammatory material online.
A number of political leaders have also been recently detained including Hurriyat Conference (G) chairman Syed Ali Geelani, and his aides Mohammad Ashraf Sahrai, Ayaz Akbar, Mohammad Yousuf Mujahid and Zafar Akbar Bhat. Prominent Kashmiri leaders including Shabbir Shah and Nayeem Ahmed Khan also continue to remain in detention under the PSA.