Pakistan - India: Release prisoners on completion of jail term, decriminalise inadvertent border crossings, especially for fisherfolk and minors - Joint Statement

Joint statement by organisations

Release prisoners on completion of jail term, decriminalise inadvertent border crossings, especially for fisherfolk and minors

[July 31, 2022]

Kalu Vira, a fisherman from India incarcerated in Pakistan died at a hospital in Karachi on 6 July 2022. He had completed his jail term in December 2021, and his nationality had been verified.

After his passing, it took over 10 days for the Pakistan authorities to inform the Indian High Commission about the death.

As of 26 July, Kalu Vira’s mortal remains are yet to be repatriated. Meanwhile his family members came to learn of the tragedy through other means and are desperately awaiting the return of his mortal remains.

This is not the first time a fisherman has died while incarcerated on ‘the other side’. It typically takes well over a month to repatriate mortal remains of an Indian or a Pakistani who dies while incarcerated in the other country. The repatriation is carried out through Wagah border although most such incarcerations are in the southern coastal areas.

Nano Ram, another Indian fisherman, completed his jail sentence in Pakistan on 16 January 2019. He died at a cardiovascular hospital in Karachi on 3 February 2022. His remains were repatriated on 4 April 2022.

Amir Hamza, a Bengali migrant fisherman from Karachi arrested by the Indian Coast Guards in 2017 died of Covid-19 in India in June 2021. It took the authorities three months to repatriate his body to Pakistan. He, too, had completed his prison sentence but was kept languishing in custody.

Had Kalu, Manu and Hamza been repatriated promptly after having completed their sentences they might have been alive today.

We note that Sri Lankan and Bangladeshi fisherfolk arrested by India and vice versa also face similar issues.

In some cases, border patrol personnel on the other side have shot dead fisherfolk caught transgressing the unmarked maritime border. This happens between Pakistan and India, and also between Bangladesh and India.

Currently, Pakistan holds 632 Indian fishermen in Landhi Jail, Karachi, while India holds 95 Pakistani fishermen in prisons in Gujarat. All were arrested for inadvertently crossing the maritime boundary.

Additionally, several minors who inadvertently crossed the border across the Line of Control in the disputed area of Kashmir, are lodged in reformatory centres on the other side. In some cases, they are repatriated within days, once their identities are verified and contact is made with families across the border.

Sri Lankan and Bangladeshi fisherfolk arrested by India and vice versa also face similar issues. In the case of Sri Lanka and India, there are generally fairly fast repatriations, sometimes within weeks of arrest, including boats being returned..

We call on the governments of the region to immediately take following steps:

1. Release and repatriate prisoners of each other’s country as soon as they have completed their prison sentences, particularly aged prisoners, women prisoners and civilian prisoners with minor offences..

2. Revive the Joint Judicial Committee on Prisoners and allow medical teams of the other country to periodically visit and conduct inspections.

3. Allow communication between prisoners and their relatives, including the option of online communication.

4. Allow those jailed or who die in Sindh and Gujarat to be repatriated through the sea route or Khokhrapar border rather than having to travel 1000 km up-country to Wagah-Atari border, and down again to their homes.

5. Decriminialise inadvertent border crossings.

All countries of the region must institute measures to ameliorate the plight of the incarcerated in their custody, particularly cross-border prisoners. This will also help build confidence and trust between the two countries and improve overall neighbourly relations in the Southasian region.

Statement initiated by the Southasia Peace Action Network, Sapan, endorsed by the following organisations:

1. Pakistan Fisherfolk Forum
2. National Fishworkers Forum, India
3. National Fisheries Solidarity Movement, Sri Lanka
4. Aaghaz-e-Dosti - www.aaghazedosti.wordpress.com/
5. Aman Ki Asha - www.amankiasha.com
6. Centre for Social Justice - Pakistan
7. Confederation of Voluntary Associations, COVA - India
8. Haqooq Khalq Party Pakistan - www.haqooqekhalq.com
9. Human Rights Commission of Pakistan - www.hrcp-web.com
10. National Alliance of People’s Movements (NAPM) - India
11. Nijera Kori - Bangladesh
12. Pakistan Kissan Rabita Committee
13. People’s Watch - India
14. People for Peace and Change - India, Pakistan
15. Pakistan-India People’s Forum for Peace and Democracy, PIPFPD
16. Peace and Development Organisation - Pakistan
17. Pakistan Institute of Labour and Education Research, PILER
18. People’s Union For Civil Liberties, India
19. Southasia Peace Action Network - www.southasiapeace.com
20. South Asia Partnership-Pakistan
21. South Asia Citizens Web - www.sacw.net
22. Tehrik-e-Niswan - Pakistan
23. Boston South Asian Coalition
24. Sangat - Southasia
25. Samaaj - https://samaaj.net
26. American Alliance of Physicians for Peace in South Asia
27. International Solidarity for Academic Freedom in India
28. Uks Research Centre - Pakistan
29. Anna’s Tuin en Ruigte, Amsterdam
30. Bebaak Collective - India
31. Driksakshi - India