Bloodied IAF pilot raises fears of Geneva rules violations

NEW DELHI: Wing Commander Abhinandan Varthaman, captured by Pakistan on Wednesday, is protected by the Geneva Convention according to which Pakistan is expected to treat him humanely and not torture or interrogate him.

Article 3 common to the 1949 Geneva Convention and Additional Protocol II provides that persons deprived of liberty for reasons related to conflict must be treated humanely in all circumstances. It adds that such prisoner is protected against murder, torture as well as cruel, humiliating or degrading treatment. Geneva Conventions encompass four treaties and three additional protocols which regulate the conduct of armed conflict.

The fourth article of the third Geneva Convention also makes it illegal for any military personnel, or a guerilla fighter, to be “tortured”. It provides the prisoner can only be required to give his/her name, date of birth, rank and service number and cannot be further interrogated. The law applies from the time of capture of a military personnel till his/her release or repatriation.

This acquires significance in view of videos doing the rounds on Pakistani social media that show Abhinandan was tortured after he ejected from his aircraft, with Pakistani soldiers looking on. They finally intervened to take custody of the unfortunate IAF pilot.

Experts said the pilot is also protected by international humanitarian law, which says any person taken prisoner must get minimum conditions of detention covering accommodation, food and medicine.

G Parthasarthy, who was Indian high commissioner in Islamabad when Flight Lieutenant K Nachiketa was captured during the Kargil war, said, “In the case of Nachiketa, Pakistanis grilled him a lot but they treated him according to the Geneva Convention. Nawaz Sharif had announced to release him but they wanted to make an international drama by doing it in front of the media. I flatly told them that they have to follow the Geneva Convention and have to release him to the International Committee of the Red Cross, which they ultimately did.”

Ajai Sahni, executive director of Institute of Conflict Management, however, said Geneva Convention may not be adequate to ensure Abhinandan’s smooth release. “Pakistan will use such an opportunity to show to the international community they were acting in self-defence and that Abhinandan was captured when India began the attack.”