Titled ‘Release prisoners on completion of jail term, decriminalise inadvertent border crossings, especially for fisherfolk and minors‘, the statement draws attention to the death of two Indian fisherfolk in Pakistani custody this year, and the death of a Pakistani fisherman of Bengali origin in India’s custody last year.

All three had served their sentences but remained in custody on ‘the other side’. Compounding the tragedy, there are terrible delays in the repatriation of the bodies of such fisherfolk, notes the statement.

The statement also draws attention to some teenagers who remain incarcerated in juvenile centers in India, mostly without any contact with their families. One has already served his sentence but remains incarcerated. Details below – Statement text and endorsements:

03 August 2022: 

Note to media: 

This is a joint statement about cross-border prisoners initiated and coordinated by Southasia Peace – www.southasiapeace.com and endorsed by over 30 organisations around Southasia and beyond.

31 July 2022

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

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:

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. Promptly return any fishing boats that are confiscated.
2. 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. 
3. Allow consular access to cross-border prisoners and communication between them and their relatives, including the option of online communication. 
4. 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.
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  – https://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 – sacw.net
22. Tehrik-e-Niswan, Pakistan www.tehrik-e-niswan.org.pk
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

The Saudis, Israelis and New Delhi didn’t want the two visits to take place so close to each other, given that the two countries are seen to be sworn diplomatic antagonists.

New Delhi: Saudi Arabia crown prince Mohammed bin Salman will be arriving in India from Malaysia for a fleeting 24-hour visit on 19 February as he looks to not be seen hyphenating Riyadh’s close ties with Pakistan, which he is also visiting on this trip.

However, Israel Prime Minister Benjamin Netanyahu, who was also set to visit India on 11 February, has cancelled his day-long trip, said sources.

The visit of MBS, as the Saudi crown prince is popularly known, is expected to bolster the strongman image of Prime Minister Narendra Modi.

The Central Intelligence Agency in US reportedly concluded in November 2018 that it was MBS who had ordered the killing of Saudi journalist Jamal Khashoggi in Istanbul, Turkey, in October 2018, despite strong denials by the Saudi government.

According to the Washington Post, US officials had expressed confidence in the CIA’s assessment despite the fact that this enormously complicates America’s relationship with Saudi Arabia.

The reasons for Netanyahu’s cancellation are not clear. In the last two years, Prime Minister Modi and the Israeli PM have already made one trip each to the other’s country. Earlier this month, Israeli national security adviser Meir Bin Shabbat had visited India for talks with his counterpart Ajit Doval.

Sources said the Saudis, the Israelis and New Delhi didn’t want the two visits to take place so close to each other, considering Saudi Arabia and Israel are seen to be sworn diplomatic antagonists.

Diplomatic visits

February will see the last hurrah of diplomatic visits to India before the upcoming election season — Argentinean President Mauricio Macri will visit on 18 February; besides trips by the former Sri Lanka president Chandrika Kumaratunga to New Delhi, her rival and successor Mahinda Rajapaksa to Bengaluru and former Maldivian president Mohamed Nasheed to New Delhi.

Kumaratunga’s proposed talks with Modi will be interesting, especially since India seems to be humouring Rajapaksa despite his intense machinations in recent months in trying to topple the elected government of Ranil Wickramasinghe.

Rajapaksa is seen to be close to BJP leader Subramanian Swamy, who has seemingly endeared himself to Modi because of his relentless pursuit of the National Herald case against former Congress president Sonia Gandhi.

But it is the visit of MBS which is drawing all the eyeballs these days.

The Saudi crown prince will be in the national capital for a mere 24 hours — in on 19 February evening and out on 20 February evening — but Ministry of External Affairs sources said he is bringing with him anything from 500-800 people in their own private jets.

Whatever the size of the delegation, fact is that Saudi Arabia has emerged as India’s fourth largest trading partner — after the US, China and UAE — primarily because it is also a top supplier of crude oil, along with Iraq and Iran.

Bilateral trade now stands at $27.48 billion, of which India’s imports are $22.06 billion.

There is also talk of the Saudis interested in putting together an Investment Fund for India, on the lines of the UAE.

The Saudi crown prince who is being heavily criticised by Saudi Arabia’s closest allies such as the UK after journalist Khashoggi’s murder — the CIA said that MBS had ordered the killing — is also being wooed by Islamic nations such as Indonesia, Malaysia and Pakistan. He will be visiting the three nations, besides India, on this trip.

Diplomatic sources in New Delhi told ThePrint that Modi had persuaded MBS to come to India after they both met at the November 2018 G20 summit in Argentina.

In Pakistan, MBS is expected to sign pacts worth $14 billion, besides $3 billion in currency support and a loan of another $3 billion in deferred payments for oil imports signed by Pakistan Prime Minister Imran Khan.

source: The Print