Ameliorate plight of cross-border prisoners: Joint appeal by South Asian organizations

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

Aug 05, 2022
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Some 30 non-political organizations with grassroot support across South Asia have urged governments in the region to take urgent steps to ameliorate the plight of cross-border prisoners in particular in their custody.

This, the groups said in a rare joint statement, will help build much-needed confidence and trust between the countries in South Asia.

Following is the text of the statement initiated and coordinated by Southasia Peace Action Network - Sapan-- and endorsed by over 30 organizations around South Asia and beyond:

Joint statement

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 31 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.

When fisherfolk cross the unmarked maritime borders in the region, lengthy incarceration is just one of the risks they face. 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.

Even after serving their jail sentences, they end up remaining in prison. 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.

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:
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. Promptly return any fishing boats that are confiscated.

Revive the India-Pakistan Joint Judicial Committee on Prisoners and allow medical teams of the other country to periodically visit and conduct inspections. Institute similar bilateral committees between India-Sri Lanka, and India-Bangladesh.

Allow consular access to cross-border prisoners and communication between them and their relatives, including the option of online communication.

Allow those who are jailed in 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.

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:
Pakistan Fisherfolk Forum
National Fishworkers Forum, India
National Fisheries Solidarity Movement, Sri Lanka
Aaghaz-e-Dosti  - https://aaghazedosti.wordpress.com/
Aman Ki Asha - www.amankiasha.com
Centre for Social Justice - Pakistan
Confederation of Voluntary Associations, COVA - India
Haqooq Khalq Party Pakistan - www.haqooqekhalq.com
Human Rights Commission of Pakistan - www.hrcp-web.com
National Alliance of People's Movements (NAPM) - India
Nijera Kori - Bangladesh
Pakistan Kissan Rabita Committee
People’s  Watch - India
People for Peace and Change - India, Pakistan
Pakistan-India People’s Forum for Peace and Democracy, PIPFPD
Peace and Development Organisation - Pakistan
Pakistan Institute of Labour and Education Research, PILER
People's Union For Civil Liberties, India
Southasia Peace Action Network - www.southasiapeace.com
South Asia Partnership-Pakistan
South Asia Citizens Web - sacw.net
Tehrik-e-Niswan, Pakistan www.tehrik-e-niswan.org.pk
Boston South Asian Coalition
Sangat - Southasia
Samaaj - https://samaaj.net
American Alliance of Physicians for Peace in South Asia
International Solidarity for Academic Freedom in India
Uks Research Centre - Pakistan
Anna’s Tuin en Ruigte, Amsterdam
 Bebaak Collective - India
Driksakshi - India

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