亚辛·马利克案判决:不公世界的又一幕
在印度的拘留中心里,除了亚辛·马利克之外,还有多名无辜的克什米尔人,其中包括政界人士、活动人士、学生、商界领袖、律师、人权捍卫者、教师和儿童。 国际社会、民间社会和巴基斯坦必须在争取释放这些被拘留者方面发挥关键作用。2022年5月25日将被载入国际人权和司法体系的历史,成为一个黑暗的日子。 当印度首都新德里的一家国家调查局(NIA)特别法庭,在一宗“恐怖主义”资助案中,对克什米尔标志性的独立运动领袖亚辛·马利克宣判终身监禁时。 尽管“印度教民族主义”(Hindutva)的支持者向法院施压,要求将他处以绞刑,但鉴于其无罪,法院未能如愿。针对他的指控包括《反恐法》(UAPA)第16条(恐怖主义行为)、第17条(为恐怖主义行为筹集资金)、 第18条(阴谋实施恐怖主义行为)和第20条(作为恐怖团伙或组织的成员),以及《印度刑法典》第120-B条(刑事阴谋)和第124-A条(煽动叛乱)。 但“印度教民族主义”阵营还能维持现有的判决多久呢?亚辛·马利克向法庭表示,他并不对针对他的指控提出异议,因为他从未承认自己的罪行,并且至今仍坚持自己的言论,例如 “我在布尔汉·瓦尼遭遇枪战后30分钟内就被捕,而阿塔尔·比哈里·瓦杰帕伊却给我签发了护照并允许我发表声明,因为我不是罪犯”。 亚辛进一步表示,如果追求“阿扎迪”(Azadi,即自由)是犯罪,那么他愿意接受这一罪名及其后果。他的妻子穆沙尔·侯赛因·马利克在推特上发文称:“他们可以作出任何他们想要的判决。这不会阻止我们为我们的‘阿扎迪’——我们的自由而奋斗。 我将坚持这场斗争直到生命最后一刻,之后我的女儿会继续这场斗争。我们将代代相传地战斗,直到我们的权利得到保障”。更深入地了解此事 但问题在于,究竟发生了什么导致亚辛·马利克最终身陷印度监狱,以及他如何因一桩自己从未参与的事情被追究责任。 2017年,国家调查局(NIA)以恐怖主义融资罪名对包括亚辛·马利克在内的多名分裂主义领导人立案调查;2019年4月,国家调查局逮捕了亚辛。 2020年3月,他因1990年1月25日在斯利那加拉瓦尔波拉地区袭击40名印度空军人员一案,被依据《恐怖主义和破坏活动(预防)法》(TADA)、1959年《武器法》以及《兰比尔刑法典》提起公诉。 斯利那加发生的袭击事件,该事件造成40名印度空军人员伤亡。2022年3月,德里一家法院审查了相关证据,并下令根据严格的《反恐怖主义法》(UAPA)和《印度刑法典》对其提起指控。 但这并非印度首次逮捕和拘留自1947年以来一直要求行使自决权的无辜克什米尔人——这一权利是根据多项联合国安理会决议所赋予的。 据可信媒体以及国际特赦组织、查谟和克什米尔公民社会联盟(JKCCS) 以及“人民公民自由联盟”等可信媒体和人权组织的报道,自2019年8月5日以来,除那些因表达对印度占领的异议而已在监狱中饱受折磨多年的人之外,估计还有4,000至13,000人被拘留。 2019年8月5日,印度废除了印度宪法第370条所规定的查谟和克什米尔“特殊地位”, ,为莫迪政权提供了一个徒劳的借口,使其得以在国际社会和联合国毫无压力下,公开且合法地骚扰和惩罚克什米尔人。 克什米尔人将这一“单方面行动”视为总理纳伦德拉·莫迪领导的印度教民族主义政府企图改变该领土的法律地位——该领土在国际舞台上仍存在争议——并试图在该地区引发人口结构变化。 这种人口结构变化将使该穆斯林占多数的地区转变为印度教徒占多数的地区,从而使任何可能解决该争端的方案都变得毫无意义。印度政府的这一决定违反了多项区域和国际条约以及宪法协议。 此举使印度违反了《日内瓦公约》规定的义务。拘留亚辛·马利克的行为违反了印度的国际法律义务、国际习惯法和强制法规范。在拘留期间,他的妻子和孩子被禁止探视——这再次违反了既定的司法规范和基本权利。 但这不禁让人产生疑问:为何印度要趁巴基斯坦正经历政治动荡、忙于处理内部事务之际,在此阶段大肆宣扬其立场? 在我看来,印度似乎正趁巴基斯坦忙于处理内部事务之际,准备用亚辛·马利克来交换库尔布尚。但这两起案件根本无法相提并论:库尔布尚·亚德夫已被定性为恐怖分子,而亚辛·马利克则是一名政治活动家。 这将是一种怎样的安排?如果印度旨在通过交换亚辛来换取库尔布尚获释,这将为未来树立一个恶劣的先例。届时,印度可能会拘留无辜的克什米尔人,并以此为筹码要求巴基斯坦释放其被关押的恐怖分子。 在印度的拘留中心里,除了亚辛·马利克之外,还有许多无辜的克什米尔人,包括政界人士、活动家、学生、商界领袖、律师、人权捍卫者、教师和儿童。国际社会、民间社会和巴基斯坦必须在释放这些被拘留者方面发挥关键作用。 对2019年8月5日作出的决定进行复审不仅是必要的,更是人权组织必须履行的义务。否则,他们就必须明确表明,其法律是根据全球政治中的国际偏好来制定的。印度不再承认克什米尔根据国际法享有的特殊地位——该地位在一定程度上允许针对外国占领进行武装斗争。 由于目前国际社会在克什米尔问题上缺乏强有力的外交行动,印度感到毫无压力。巴基斯坦应坚决将此案提交国际法院,并要求复审马利克的案件。这将有助于亚辛·马利克和广大克什米尔人依据国际法实现其基本权利。 仅靠巴基斯坦外交部发表一份简单的交涉声明并予以强烈谴责——例如要求“印度政府撤销对马利克的所有‘毫无根据’的指控,并立即将其释放出狱,以便他能与家人团聚、恢复健康并回归正常生活”——是远远不够的。 巴基斯坦必须采取强有力的措施,将此案提交联合国和国际法院——将其推至穆斯林世界论坛的聚光灯下,呼吁释放亚辛·马利克及其他无辜的克什米尔人,且绝不以巴基斯坦监狱中的印度恐怖分子作为交换条件。 必须恢复克什米尔的特殊地位,以遏制莫迪政权的暴行,否则后果将令人震惊!但这不禁让人质疑:世界上的“人权捍卫者”都去哪儿了? 在他们眼中,无论是巴勒斯坦人的生命还是克什米尔人的生命都微不足道。难道他们是“次等神明”的子嗣吗?为何巴勒斯坦和克什米尔地区公然侵犯人权的行为,竟能被这些“人权捍卫者”所容忍?他们的袖手旁观凸显出,人权组织同样深受种族歧视之害。当贫困的巴勒斯坦人和克什米尔人将目光投向“人权捍卫者”时,这些“捍卫者”又在注视着何处? 在人权捍卫者的庇护下,世界已变得冷酷无情,由他们来决定谁的生命重要、谁的生命不重要。这实在令人痛心!本文作者系巴基斯坦国立科技大学政府与公共政策系助理教授。 本文观点仅代表作者本人,不一定反映“全球村空间”(GVS News)的编辑方针。参考链接:- https://www.globalvillagespace.com/yasin-malik-verdict-another-episode-of-unjust-world/
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