Kashmiri Politician Facing Pre-Trial Detention Diagnosed with Advanced Stages of Cancer
October 5th, 2022
The family of Kashmiri politician Altaf Hussain Shah has recently informed Justice For All Canada that he has been diagnosed with advanced stages of renal cancer. The Indian government is neither releasing him for treatment nor allowing family visits. Shah’s family has also been denied access to medical records.
According to the family, Shah had previous conditions of diabetes, and jail authorities denied him treatment at that time. He was recently taken to Tihar Jail hospital in an emergency when his condition deteriorated seriously. It was detected that his kidneys had stopped functioning. Shah was then moved to Ram Manohar Lohia Hospital, where they determined he was also suffering from advanced stages of renal cancer, now spread across his body. Currently, Shah has been admitted to the ICU ward and lies unconscious.
Justice For All Canada is deeply concerned about the critical health condition of Kashmiri leader Altaf Ahmed Shah, who has been facing pretrial detention since 2017. Prolonged pretrial detention is considered arbitrary, violating fundamental human rights under international law.
“After hearing directly from the families of several detained Kashmiri leaders, we’re seriously concerned for Kashmiri politicians facing prolonged pretrial detention who are dying in Indian jail cells,” expressed Taha Ghayyur, Executive Director. In May 2021, Ashraf Sehrai, the right hand of late Kashmiri leader Syed Ali Geelani, died at 77 due to COVID-19.
Lawless Laws Used Against Kashmiris
The UN Special Rapporteur for human rights defenders previously raised grave concerns about the 2019 Unlawful Activities (Prevention) Act (UAPA) amendment, because of the threat it poses to human rights defenders in India and Kashmir. The UN’s Special Procedures also condemned UAPA for allowing authorities to detain leaders and activists without a fair trial and due process. After the Indian government decided to revoke the constitutional autonomy of Kashmir in 2019, thousands of Kashmiris were also detained without charge under the Public Safety Act (PSA), including political leaders, opposition activists, lawyers, human rights defenders and journalists.
Justice For All Canada is actively raising its voice against the arbitrary detention of prominent Kashmiri leaders in arbitrary detention, including Shabir Shah, Khurram Pervez, and Yasin Malik. India’s right-wing, nationalist government has long detained Kashmiri politicians under bogus charges using lawless laws, such as the PSA, UAPA, TADA, including other discriminatory policies targeting dissenters. Kashmir’s entire political and civil leadership is in detention on fabricated charges under unlawful laws, denying access to bail during pretrial detention.
Our Human Rights Demands
We call on Canada's government to act under;
Canadian human rights advocates demand Global Affairs Canada work with Canada’s Ambassador in Delhi to urge the Indian government to immediately release Shah and other Kashmiri political prisoners on bail or place them on house arrest to allow families to arrange medical treatment.
Kashmiris Face Inhumane Conditions in Indian Jails
Former prisoners at Tihar jail reported that detention facilities are crowded, and conditions are unhealthy. During the pandemic, the jail conditions also became life-threatening. In 2021, Amnesty urged the Indian government to release Kashmiri prisoners held without charges or trial amid the Coronavirus lockdown.
Kashmiri prisoners are considered terrorists and separatists by other prisoners and jail staff, exacerbating discrimination and hatred against them. Former Kashmiri prisoners also reported that doctors’ attitudes are more discriminatory than staff in the jails.
According to Amnesty International’s Fair Trial Manual;
UPDATE: Altaf Ahmed Shah's daughter Ruwa Shah was allowed to see her father at the ICU of Ram Manohar Lohia hospital on the morning of October 4th, for a few minutes only. His daughter observed Shah on a ventilator. He has opened his eyes but is unable to speak. Doctors informed his daughter that Shah’s brain is alive. However, the rest of his organs have almost stopped functioning.
The family of Kashmiri politician Altaf Hussain Shah has recently informed Justice For All Canada that he has been diagnosed with advanced stages of renal cancer. The Indian government is neither releasing him for treatment nor allowing family visits. Shah’s family has also been denied access to medical records.
According to the family, Shah had previous conditions of diabetes, and jail authorities denied him treatment at that time. He was recently taken to Tihar Jail hospital in an emergency when his condition deteriorated seriously. It was detected that his kidneys had stopped functioning. Shah was then moved to Ram Manohar Lohia Hospital, where they determined he was also suffering from advanced stages of renal cancer, now spread across his body. Currently, Shah has been admitted to the ICU ward and lies unconscious.
Justice For All Canada is deeply concerned about the critical health condition of Kashmiri leader Altaf Ahmed Shah, who has been facing pretrial detention since 2017. Prolonged pretrial detention is considered arbitrary, violating fundamental human rights under international law.
“After hearing directly from the families of several detained Kashmiri leaders, we’re seriously concerned for Kashmiri politicians facing prolonged pretrial detention who are dying in Indian jail cells,” expressed Taha Ghayyur, Executive Director. In May 2021, Ashraf Sehrai, the right hand of late Kashmiri leader Syed Ali Geelani, died at 77 due to COVID-19.
Lawless Laws Used Against Kashmiris
The UN Special Rapporteur for human rights defenders previously raised grave concerns about the 2019 Unlawful Activities (Prevention) Act (UAPA) amendment, because of the threat it poses to human rights defenders in India and Kashmir. The UN’s Special Procedures also condemned UAPA for allowing authorities to detain leaders and activists without a fair trial and due process. After the Indian government decided to revoke the constitutional autonomy of Kashmir in 2019, thousands of Kashmiris were also detained without charge under the Public Safety Act (PSA), including political leaders, opposition activists, lawyers, human rights defenders and journalists.
Justice For All Canada is actively raising its voice against the arbitrary detention of prominent Kashmiri leaders in arbitrary detention, including Shabir Shah, Khurram Pervez, and Yasin Malik. India’s right-wing, nationalist government has long detained Kashmiri politicians under bogus charges using lawless laws, such as the PSA, UAPA, TADA, including other discriminatory policies targeting dissenters. Kashmir’s entire political and civil leadership is in detention on fabricated charges under unlawful laws, denying access to bail during pretrial detention.
Our Human Rights Demands
We call on Canada's government to act under;
- Article 9 of the Universal Declaration of Human Rights, which states that nobody shall be subjected to arbitrary arrest, detention, or exile;
- Article 9 of the International Covenant on Civil and Political Rights (ICCPR) (1966), which requires that no one should be subjected to arbitrary arrest or detention.
Canadian human rights advocates demand Global Affairs Canada work with Canada’s Ambassador in Delhi to urge the Indian government to immediately release Shah and other Kashmiri political prisoners on bail or place them on house arrest to allow families to arrange medical treatment.
Kashmiris Face Inhumane Conditions in Indian Jails
Former prisoners at Tihar jail reported that detention facilities are crowded, and conditions are unhealthy. During the pandemic, the jail conditions also became life-threatening. In 2021, Amnesty urged the Indian government to release Kashmiri prisoners held without charges or trial amid the Coronavirus lockdown.
Kashmiri prisoners are considered terrorists and separatists by other prisoners and jail staff, exacerbating discrimination and hatred against them. Former Kashmiri prisoners also reported that doctors’ attitudes are more discriminatory than staff in the jails.
According to Amnesty International’s Fair Trial Manual;
- Denying [family] visits may amount to inhuman treatment. [Amnesty, P. 157]
- Everyone, including an individual in custody, has the right to the highest attainable standard of physical and mental health. [Amnesty, P. 89-92]
UPDATE: Altaf Ahmed Shah's daughter Ruwa Shah was allowed to see her father at the ICU of Ram Manohar Lohia hospital on the morning of October 4th, for a few minutes only. His daughter observed Shah on a ventilator. He has opened his eyes but is unable to speak. Doctors informed his daughter that Shah’s brain is alive. However, the rest of his organs have almost stopped functioning.