By P.K. Balachandran/The Daily Times of Bangladesh

Colombo, April 9 – The Panel of Independent International Experts (PIIE) has concluded that “international crimes and crimes against humanity” may have been committed against Muslims in the Indian states of Assam and Uttar Pradesh between 2022 and 2025. In Assam, the violations reportedly reached the level of apartheid.

The report, published by the Transnational Legal Clinic at the Dickson Poon School of Law,
King’s College London, was prepared by three eminent expert – Sonja Biserko (Serbia) — President, Helsinki Committee for Human Rights in Serbia; member of the UN Human Rights Investigation into North Korea (2014). Marzuki Darusman (Indonesia) — former Attorney General of Indonesia; Chair, UN Panel of Experts on Sri Lanka; Chair, UN Fact-Finding Mission on Myanmar. Stephen Rapp (USA) — former Chief of Prosecutions at the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone; former US Ambassador-at-Large for War Crimes Issues.

The panel examined credible information on alleged violations of international law against Muslims, focusing on Assam and Uttar Pradesh, where patterns of abuse appeared most systematic.

Key Findings in Assam

In Assam, the panel documented a wide range of violations targeting Bengali-speaking Muslims. These include: Arbitrary deprivation of life through police ‘encounter’ killings, excessive force during evictions, custodial deaths, and failure to protect against mob violence. Arbitrary arrest and prolonged detention linked to discriminatory citizenship processes. Torture and cruel, inhuman or degrading treatment. Arbitrary deprivation of nationality, risking statelessness. Summary cross-border expulsions without proper safeguards, raising concerns of refoulement.

Unjustified restrictions on freedom of expression, association, assembly, and religious freedom. Discriminatory disenfranchisement, large-scale forced evictions, and severe impairment of economic, social, cultural, and minority rights. The panel highlighted inflammatory statements by Assam Chief Minister Himanta Biswa Sarma, who reportedly portrayed Bengali-speaking Muslims as “infiltrators” and existential threats. Such rhetoric, it said, appeared to prepare the ground for ethnic cleansing and warranted accountability.

The report concluded that large-scale expulsions may amount to deportation or forcible transfer as a crime against humanity. The cumulative pattern of hate speech and forced evictions could constitute persecution as a crime against humanity. Most seriously, the systematic stripping of citizenship, legality, and residence from Bengali-speaking Muslims may amount to apartheid — an institutionalized regime of systematic oppression and domination over a racialised group.

Findings in Uttar Pradesh

In Uttar Pradesh, similar violations were recorded against Muslims, including – Arbitrary killings through police encounters, unlawful use of lethal force against protesters, custodial deaths, and failure to prevent targeted killings by non-state actors. Arbitrary arrests and prolonged pretrial detention under discriminatory application of criminal, anti-conversion, cow-protection, and national security laws. Torture, excessive force, custodial violence, and punitive “halfencounter” shootings.

Systemic denial of fair trial and due process rights, including punitive home and business demolitions used as summary punishment. Blanket restrictions on freedom of expression, assembly, internet shutdowns, and intimidation of journalists and activists. Interference with religious freedom through coercive enforcement of anti-conversion laws and restrictions on Muslim institutions. Discriminatory interference with political participation and severe impairment of economic, social, and cultural rights.

The panel found that widespread anti-Muslim hate speech, official targeting of Muslim protesters, and discriminatory enforcement against those in meat-related trades may amount to persecution as a crime against humanity. The pattern of abusive and punitive policing could constitute other inhumane acts as crimes against humanity.

Both Chief Ministers (who also held the Home Minister portfolio) bore command responsibility for the direction and supervision of police and executive actions. Their public rhetoric characterizing Muslims as security and demographic threats allegedly served as a permissive signal for violence by non-state actors.

In both states, the panel noted that domestic remedial mechanisms appeared largely ineffective for Muslims, leaving victims with little realistic prospect of justice.

Justice Madan B. Lokur’s Remarks

Retired Supreme Court judge Madan B. Lokur commented: “That experts of this calibre have found it necessary to turn their attention to India is itself a measure of the gravity of what is unfolding. The eyes of the region, and of the world, are on us…. The spirit of this age is being determined now: in the choices made by those who hold power, and in whether the Constitution remains a living document or becomes, for millions of India’s citizens, a dead letter.”

Recommendations

The panel urged the UN Human Rights Council (UNHRC) to- Mandate an independent factfinding body to investigate violations against Muslims in India and establish a mechanism to preserve evidence for future accountability. Advance resolutions condemning the abuses, including a comprehensive human rights assessment by the High Commissioner and the appointment of a Special Rapporteur on India to monitor violations against religious minorities.

To the UN High Commissioner, Special Advisers on Genocide Prevention and Responsibility to Protect (R2P), and other mandate holders, the panel called for active monitoring, public expressions of concern, in-country visits, and the creation of an evidentiary repository.

To the Government of India, it recommended- Immediately cease, prevent, punish, and remedy violations. Fulfil obligations under the ICCPR, Genocide Convention, and R2P. Conduct independent investigations and prosecutions, and provide reparations.

Promote equal access to socio-economic rights for Muslims. To the Supreme Court of India: Ensure swift resolution of constitutional challenges affecting Muslims and guarantee fair trial rights, especially for those in prolonged detention. To other governments: Monitor the situation, use diplomatic and economic leverage, exercise extraterritorial jurisdiction, and impose targeted sanctions against perpetrators where warranted.

To international social media companies: Enforce zero-tolerance hate speech policies, ensure transparency in content moderation, and conduct human rights audits.

To Indian and international civil society: Continue documentation, advocacy, and initiatives such as people’s tribunals and truth archives.
The panel’s findings add to growing international scrutiny of the treatment of Muslims in certain Indian states and call for urgent global action to address what it describes as systematic and widespread violations.

END