The International Bar Association's Human Rights Institute (IBAHRI) has called for independent investigations, judicial oversight and full respect for due process amid escalating violence and a crackdown on protests in Pakistan-administered Azad Jammu and Kashmir (AJK) during the 2026 Legislative Assembly elections.
The IBAHRI is concerned by reports of disproportionate and potentially unlawful use of force by law enforcement against protesters, including:
- several deaths following the use of lethal force;
- widespread arbitrary arrests of political activists and at least one journalist covering the protests;
- searches of civilians' homes;
- forced evacuations;
- restrictions on freedom of movement in AJK by state authorities;
- prolonged disruptions to internet and communications services; and
- restrictions affecting lawyers, human rights defenders and journalists.
There have also been reports of security and law enforcement personnel being injured and at least one death amongst their ranks.
The IBAHRI is also concerned that the electoral process has been undermined by serious allegations of fraud, raising questions about the integrity and credibility of the elections.
Further, the unrest has disrupted the electoral process itself. Polling originally scheduled for a single-day on 27 July was changed by the AJK Election Commission to a three-phase voting schedule because of security concerns. Following further violence, polling in several constituencies was subsequently postponed, leaving the election incomplete and delaying the final results.
Anti-terrorism powers must not be used to suppress peaceful dissent
Since June 2026, protests led by the Jammu Kashmir Joint Awami Action Committee (JAAC) have centred on longstanding concerns regarding the composition and representativeness of the AJK Legislative Assembly, in particular the 12 seats reserved for refugees who migrated to Pakistan from India-administered Kashmir. Protesters have argued that these reserved constituencies should be abolished on the basis that the individuals for whom the seats are reserved do not ordinarily reside in AJK, thus diluting the representation of residents of the territory.
On 5 June 2026, the authorities proscribed the JAAC under Section 12 of the Azad Jammu and Kashmir Anti-Terrorism Act (2014) , arrested members of the movement and sought to prevent demonstrations, after which unrest intensified. The IBAHRI is concerned that the authorities' (mis)use of counter-terrorism powers risks blurring the distinction between legitimate public-order measures and the criminalisation of peaceful dissent.
Mark Stephens CBE, IBAHRI Co-Chair, commented: 'Counter-terrorism legislation must never become a shortcut for suppressing dissent. Powers designed to confront terrorism cannot lawfully be repurposed to silence civic protest, restrict lawyers and journalists, or criminalise legitimate political expression. The rule of law is tested most seriously in moments of unrest, and it is precisely then that legality, due process and judicial scrutiny matter most.'
Deaths and allegations of excessive force require independent investigation
On 5 June 2026, JAAC activist Shahzeb Habib was reportedly shot by police after the vehicle in which he was travelling in was stopped. Rights organisations have questioned whether he posed any imminent threat that could have justified the use of lethal force and have called for an independent investigation into his possible extrajudicial killing.
Further deaths and injuries were reported in Rawalakot, Tararkhal and surrounding areas during the election period. Reliable news reports subsequently stated that clashes following the first round of voting left more than 30 people dead in Rawalakot.
Repeated reports of lethal force being used against protestors are of deep concern to the IBAHRI. International human rights standards, including the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the UN Human Rights Guidance on Less-Lethal Weapons in Law Enforcement , require law enforcement officials to exercise restraint and for any use of force to comply with the fundamental principles of legality, necessity, proportionality and non-discrimination.
Mr Stephens said: 'Public order is not a licence for impunity. Where protesters have been killed or injured, there must be urgent, independent and impartial investigations. The authorities must account for the use of force, distinguish peaceful protest from criminal conduct and ensure that fundamental rights are not swept aside in the name of security.'
Mass detention, deaths and independent reporting
By 19 June, reports indicated that more than 500 people had been detained in connection with the protests and that at least 24 people have died.
Furthermore, the detention of digital journalist Sohrab Barkat, on 5 June 2026, under the Prevention of Electronic Crimes Act, 2016 in connection with his reporting on the pre-election protests raises further concerns about the use of criminal law against independent reporting. He was released on bail on 15 June, though the criminal proceedings against him continue.
Access to justice and the need for lawyers and journalists to be able to work independently
Reports that lawyers have been subjected to police action, detention or obstruction raises serious concerns regarding access to justice and the effective protection of due process rights. In July, the District Bar Association in Mirpur reportedly protested alleged police action against lawyers and demanded the release of detained lawyers and others. The lawyers also expressed concern about excessive force, internet suspensions and disruption to essential services, calling for protection of constitutional rights and an impartial inquiry into the use of force.
Hina Jilani, IBAHRI Co-Chair, commented: 'The independence of lawyers is a fundamental safeguard against arbitrary detention and abuse of power. When large numbers of people are detained during political unrest, lawyers must be able to perform their professional duties independently without intimidation, obstruction or retaliation. Lawyers must be able to reach their clients, communicate confidentially with them and challenge unlawful detention. Lawyers play a vital role before, during and after protests by advising individuals and groups on the exercise of their rights, including representation, monitoring compliance with legal standards and pursuing accountability where violations are alleged. Any interference with lawyers undermines the administration of justice and places detainees at even greater risk of rights violations.'
Commenting further, Ms Jilani said: 'Authorities must account for every detained individual, and arrests must be accompanied by full respect for due process guarantees, as per Article 9 of the International Covenant on Civil and Political Rights . People deprived of liberty must be promptly informed of the reasons for their arrest, brought before an independent and impartial judicial authority within the period prescribed by law and afforded prompt and effective access to legal counsel. Additionally, anyone charged with a criminal offence must be able to challenge the lawfulness of their detention and have adequate facilities and time to prepare their defence.'
The IBAHRI is further concerned by restrictions on communications and independent reporting. Internet and mobile services have reportedly been suspended in AJK from 5 June 2026, while restrictions on movement and communications have affected access to essential services and impeded independent reporting.
New restrictions on international media, under Pakistan's Foreign Media Facilitation Guidelines 2026 , have also raised concerns among press-freedom organisations. Under the reported rules, journalists and media organisations must obtain prior permission to report from locations across Pakistan other than Islamabad, Karachi and Lahore, while accreditation may be withdrawn for broadly defined 'acts against ideology, sovereignty, security or public order'. Such restrictions are particularly troubling in circumstances involving allegations of human rights violations where independent reporting is essential to documenting events and enabling public scrutiny.
IBAHRI calls for immediate action
The IBAHRI calls on the authorities in AJK in relation to matters within their jurisdiction, and the Government of Pakistan, in relation to matters within its federal competence, to:
- ensure lawful policing: guarantee that all security and law-enforcement operations comply with international human rights standards and applicable domestic law;
- investigate deaths and use of force: conduct prompt, independent, impartial and effective investigations into all protest-related deaths and allegations of excessive or unlawful use of force;
- end arbitrary detention: release all persons detained solely for exercising their rights to peaceful expression, assembly or association;
- guarantee due process: ensure that anyone facing criminal allegations receives prompt judicial review of detention and effective access to independent legal counsel;
- protect lawyers and journalists: ensure that lawyers, journalists and human rights defenders can carry out their professional duties freely and without intimidation, obstruction or retaliation;
- restore communications: reinstate internet and mobile communications and remove unjustified restrictions on movement and access to essential services, and ensure that any future restrictions are lawful, strictly necessary and proportionate; and
- safeguard political participation: ensure that electoral arrangements protect freedom of expression, peaceful assembly, access to information and the right to participate in public affairs.
The protection of fundamental rights cannot, and should not, be suspended in the name of public order. Even where some protestors engage in violence, this does not remove the rights of peaceful protestors or justify the indiscriminate or disproportionate force against an assembly as a whole. All deaths and allegations of excessive and unlawful force should be subject to prompt, independent and impartial investigation capable of identifying those responsible and ensuring accountability where violations have occurred.
In a period of political uncertainty and electoral tensions, respect for the rule of law, due process freedom of expression, peaceful assembly and political participation is essential to restoring public confidence, safeguarding democratic participation and preventing further loss of life.
