Yasin Malik must be freed to receive justice, a fair trial and the protection of his fundamental human rights, said Sardar Masood Khan, Former Ambassador of Pakistan to the United States, China and the United Nations, and former President of Azad Jammu and Kashmir, describing the continued prosecution and incarceration of the Kashmiri political leader as a matter raising serious questions under international law, customary international law and human rights law.
Commenting on Yasin Malik’s recent letter in which he explained his decision not to participate further in the judicial proceedings, Sardar Masood Khan said the letter was deeply moving and contained important legal and humanitarian dimensions. He said Malik had explained the reasons for losing confidence in the judicial process and had reiterated his commitment to non-violence, which had been a consistent feature of his political struggle.
Sardar Masood Khan said a central question was the revival and prosecution of a case relating to an incident dating back to 1990, after several decades had passed. He questioned how proceedings connected with an incident so old could be revived and used against Malik, particularly when the matter had already existed within the legal framework at the time.
He said the case must also be viewed in the context of Malik’s political role as a prominent leader advocating the rights of the people of Jammu and Kashmir. He stressed that the territory remained an internationally disputed region and that the treatment of its political leaders could not be divorced from international legal obligations.
Ambassador Khan said that Yasin Malik’s fake trial is making a mockery of several international conventions and laws. The International Covenant on Civil and Political Rights (ICCPR), Sardar Masood Khan highlighted Article 14, which guarantees the right to a fair and public hearing by an independent and impartial tribunal; Article 9, which protects against arbitrary arrest and detention; and Article 6, which safeguards the right to life. In Yasin Malik’s case, these articles are being flagrantly violated.
Similarly, India is guilty of denying Yasin Malik fundamental rights under the Universal Declaration of Human Rights (UDHR), particularly Article 10, which guarantees a fair and public hearing, and Article 5, which prohibits torture and cruel, inhuman, or degrading treatment or punishment. Yasin Malik has been imprisoned in the notorious Tihar Jail, where he has reportedly been tortured regularly.
