Human rights defender Mohammad Ahsaan Untoo remains incarcerated under fabricated terror charges

Human rights defender from Indian-administered Kashmir (IAK) Mohammad Ahsan Untoo has been incarcerated for over two years, following his arrest on 14 January 2022 under the Unlawful Activities Prevention Act (UAPA). His arrest is linked to tweets published by the human rights defender highlighting human rights violations in Kashmir, which police allege are secessionist in nature.

Mohammad Ahsan Untoo is a human rights defender based in Indian-Administered Kashmir. Before his arrest, he was the Chairperson of the International Forum for Justice and Human Rights Jammu and Kashmir. He has worked extensively to seek justice for victims of extrajudicial killings, enforced disappearances and sexual violence by the Indian Armed Forces since 1990. His work has also been instrumental in the identification of mass graves, documentation of the use of pellet guns by Indian forces on unarmed protesters, and providing legal aid to prisoners and families of victims of state violence.

On 14 January 2022, Mohammad Ahsan Untoo was arrested without a warrant on charges under the UAPA and the Indian Penal Code based on tweets he posted on social media. The police have accused him of threatening the peaceful atmosphere of the Union Territory and spreading disharmony through “false propaganda, disinformation campaign and hate speech”. He has also been accused of inciting youth to resort to violence and indulge in unlawful activities. However, the allegations against him appear to have been motivated by his human rights work. Days before his arrest, on 5 January 2022, he had provided a virtual testimony in support of a universal jurisdiction claim for torture to a law firm based in the United Kingdom.

Following his arrest, Mohammad Asan Untoo was transferred to Srinagar Central Jail until 2 June 2022. During this period, an additional charge under the Jammu and Kashmir Public Safety Act (PSA) was filed against him. The human rights defender was then transferred to Kot Bhalwal Jail in Jammu, over 350 kilometres away from his family home in Kupwara district, making it extremely difficult for his family members to visit him in jail. On 23 June 2022, Mohammad Ahsan Untoo was granted bail for the charges under the UAPA but he remains jailed under the PSA. Mohammad Ahsan Untoo suffers from serious underlying health issues for which he has been denied adequate medical treatment in jail.

Mohammad Ahsan Untoo has been previously targeted due to his human rights work. He was arrested on 30 December 2004 under the Prevention of Terrorism Act (POTA) which has since been since repealed due to widespread misuse. The human rights defender was jailed for four years and subjected to custodial torture, before being released due to lack of evidence.

Front Line Defenders has consistently raised concerns regarding the silencing and oppression faced by human rights defenders and journalists in IAK since the unilateral abrogation of Jammu and Kashmir’s autonomous statehood in August 2019. It calls upon Indian authorities to immediately release human rights defender Mohammad Ahsan Untoo and drop all criminal proceedings against him. It further urges authorities to take adequate measures to ensure that human rights defenders in IAK can carry out their legitimate work without fear of reprisals.