Navtej Sarna
Counsellor (Press & Information)
Washington, DC
(202) 939-7042

Press Release issued by the External Affairs Ministry
on the release of Pakistani Prisoners of War

August 25, 1999
New Delhi

In response to a question regarding the latest situation on the return of the Prisoners of War belonging to the personnel of the Pakistan army who were captured during the recent armed intrusion and aggression by Pakistan in the Kargil sector of the Line of Control, the Official Spokesman provided the following clarifications:

These Pakistani POWs were part of Pakistani troops who had intruded into the Indian side of the Line of Control in the Kargil sector of Jammu & Kashmir during Pakistan's recent armed intrusion and aggression in this area. They were captured by our troops during the course of our operations to evict the intrusion.

These POW's were not in uniform and nor did they have on their person the customary identifications tags or discs. In spite of this blatant breach of military custom and international convention, India has in a gesture of goodwill, treated them as Prisoners of War and approached the ICRC for their repatriation to Pakistan. These soldiers, who have declared themselves to be soldiers of the Pakistan army, are currently in our custody. Their names and identification as declared by them has been made known. We have made all these available facts and information known to the Pakistan Government.

We have reiterated India's keen desire to repatriate the eight Pakistani Prisoners of War in the custody of our forces. The offer to repatriate these soldiers was conveyed to Pakistan on August 13. Thereafter, in keeping with international practice, India approached the ICRC to effect the repatriation of these POWs. It is reprehensible on the part of Pakistan to create complications for the repatriation of their own soldiers.

We have conveyed, as per normal practice relating to Prisoners of War and as is obligatory under the Geneva Conventions, that we are ready to hand over the POWs to the ICRC for their repatriation. It is the universal practice for the identity of the POWs to be acknowledged and confirmed by the receiving country before the handing over takes place. Pakistan is refusing to do this and insisting on describing the POWs generally as 'soldiers in Indian custody'.

Pakistan has adamantly refused to acknowledge the involvement of their troops in the Kargil misadventure, despite conferring awards on many of its soldiers and honouring them for their involvement in Kargil. It hopes that by continuing to refuse to accept the status of these eight soldiers as Prisoners of War, they can continue to perpetrate the myth of non-involvement of their regular troops in Kargil. It is this obsession with falsehood which is preventing the return of their POWs.

It is clarified that under the Geneva Convention, all soldiers of one State taken into custody by the troops of another State during an armed conflict are termed as Prisoners of War. No formal declaration of war is necessary. Pakistan is deliberately attempting to obfuscate this reality.

We are in contact with the ICRC and hope that Pakistan would enable the early repatriation of their POWs.