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64-585: Syed Ghulam Nabi Fai (born April 1949) is an American citizen of Kashmiri origin, and a Jamaat-e-Islami activist. He founded the organisation Kashmiri American Council in the United States and carried out lobbying on behalf of Kashmiri separatist groups and the Government of Pakistan . In 2011, the US government stated that this was a front group for Pakistan's Inter-Services Intelligence (ISI). Fai
128-429: A base handset. The base handset is connected to a police station or for-profit monitoring service. If the offender goes too far from their home, the violation is recorded, and the police will be notified. To discourage tampering, many ankle monitors detect attempted removal. The monitoring service is often contracted out to private companies, which assign employees to electronically monitor many convicts simultaneously. If
192-508: A better option than prison, its effectiveness in preventing reoffending prisoners can vary from person to person. House arrest, especially used as electronically monitored home confinement, has received criticism for many reasons. Critics argue that while the system is meant to provide a sense of freedom, it actually leads to limitations on personal choice and privacy. Erving Goffman, a Canadian Sociologist, talks about his ideas of total institutions, which leads to these critiques. "Goffman uses
256-416: A day, 7 days a week, except for court-approved treatment programs, court appearances, and medical appointments. In some exceptional cases, it is possible for a person to be placed under house arrest without trial or legal representation , and subject to restrictions on their associates. In some countries this type of detention without trial has been criticized for breaching the offender's human right to
320-418: A fair trial. In countries with authoritarian systems of government, the government may use such measures to stifle dissent. In some countries, house arrest is enforced through the use of technology products or services. One method is an electronic sensor locked around the offender's ankle (technically called an ankle monitor , also referred to as a tether ). The electronic sensor transmits an RF signal to
384-428: A job. The prosecuting authorities and law enforcement can check at any moment whether the subject, who is de facto considered in state of detention, is complying with the order; violation of house arrest terms is immediately followed by transfer to a correctional facility. House arrests cannot be applied to a subject that has been found guilty of escape within the previous five years. Notable cases: At sentencing,
448-607: A meeting with any Secretary of State or with a serving US Ambassador or equivalent rank of official. Since forfeiting his Indian citizenship by taking US citizenship in 1990, he has been denied visas to visit India on account of his now-publicly-reported ties to the Pakistani Military , in particular the Inter-Services Intelligence (ISI). He has never had a meeting in any third country with any Indian elected official or any senior diplomat. Fai
512-593: A nonprofit organization - would arrange seminars, conferences and lectures on Kashmir. Officially the KAC denied getting any foreign grants. KAC is best known for annually holding a so-called "Kashmir Peace Conference" in Washington, D.C., which was presented as "an independent forum for Indian, Pakistani and Kashmiri voices" . However, the U.S. Justice Department proved in court that the Pakistan Army , specifically
576-602: A statement lauding the "contributions made by the Kashmiri American Council and Dr Ghulam Nabi Fai for the cause of Jammu and Kashmir." It further commented that "upholding fundamental rights of Kashmiris is the fundamental responsibility of the international community and all conscientious people who value human rights and values" and added that "campaigns to defame the just cause of the Kashmiri people will not affect its legitimacy." A statement released by
640-469: A violation occurs the unit signals the officer or officer in charge immediately, depending on the severity of the violation. The officer will either call or verify the participant's whereabouts. The monitoring service notifies a convict's probation officer. The electronic surveillance together with frequent contact with their probation officer and checks by the security guards provides for a secure environment. Another method of ensuring house arrest compliance
704-403: Is achieved through the use of automated calling services that require no human contact to check on the offender. Random calls are made to the residence. The respondent's answer is recorded and compared automatically to the offender's voice pattern. Authorities are notified only if the call is not answered or if the recorded answer does not match the offender's voice pattern. Electronic monitoring
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#1732787208918768-402: Is also known for its baking traditions. Sheermal , Bakarkhani (puff pastry), Lavas (unleavened bread), Tsochwor (hard, bagel-shaped bread) and Kulche are popular baked goods. [REDACTED] Media related to Kashmiri people at Wikimedia Commons House arrest House arrest (also called home confinement , or electronic monitoring ) is a legal measure where a person
832-472: Is an alternative to imprisonment ; its goals are both to reduce recidivism and to decrease the number of prisoners, thereby saving money for states and other jurisdictions. It is a corrective to mandatory sentencing laws that greatly increased the incarceration rates in the United States. It allows eligible offenders to retain or seek employment, maintain family relationships and responsibilities and attend rehabilitative programs that contribute towards addressing
896-428: Is considered a highly economical alternative to the cost of imprisoning offenders. In many states or jurisdictions, the convict is often required to pay for the monitoring as part of his or her sentence. However, it’s important to recognize that “compared with non-custodial sanctions, incarceration appears to have a null or mildly criminogenic effect on future criminal behavior.” This means that while house arrest can be
960-470: Is observable among Kashmiri-speakers in Azad Kashmir according to linguist Tariq Rahman , as they gradually adopt local dialects such as Pahari-Pothwari , Hindko or move towards the lingua franca Urdu . This has resulted in these languages gaining ground at the expense of Kashmiri. There have been calls for the promotion of Kashmiri at an official level; in 1983, a Kashmiri Language Committee
1024-486: Is of Iranian origin) and Santoor . A traditional dance form usually performed by women on occasions like marriages and similar social functions is Rouf . Meat and rice are popular food items among Kashmiris, rice being considered a staple food . Noon Chai or Sheer Chai and Kahweh are beverages of Kashmir. Wazwan is a multi-course meal in Kashmir prepared by skilled chefs called Wazas . Kashmir
1088-531: Is one of the 22 scheduled languages of India . It was a part of the eighth Schedule in the former Constitution of the Jammu and Kashmir. Along with other regional languages mentioned in the Sixth Schedule , as well as Hindi and Urdu, the Kashmiri language was to be developed in the state. Persian began to be used as the court language in Kashmir during the 14th century, under the influence of Islam. It
1152-547: Is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined by the authorities to their residence . Travel is usually restricted and may require prior approval, if allowed at all. During house arrest, the individual may be monitored electronically, and their movements are typically tracked. House arrest is also used in some cases for individuals convicted of minor offenses. In certain situations, such as in authoritarian regimes, house arrest may be used to restrict
1216-525: The 1998 Pakistan Census , there were 132,450 Kashmiri speakers in Azad Kashmir. Native speakers of the language were dispersed in "pockets" throughout Azad Kashmir, particularly in the districts of Muzaffarabad (15%), Neelam (20%) and Hattian (15%), with very small minorities in Haveli (5%) and Bagh (2%). The Kashmiri spoken in Muzaffarabad is distinct from, although still intelligible with,
1280-781: The First Anglo-Sikh War , the Treaty of Lahore was signed and upon the purchase of the region from the British under the Treaty of Amritsar , the Raja of Jammu , Gulab Singh , became ruler of Kashmir. The rule of the Dogra dynasty under the British Crown lasted until 1947, when the princely state of Jammu and Kashmir became part of India. It is now a disputed territory, administered by three countries: India, Pakistan, and
1344-657: The Home ministry of India said "The arrest of Ghulam Nabi Fai was long overdue. We had (a) fair degree of suspicion that the money which he received was given by the agencies in Pakistan." Fai donated money to Congressman Joseph R. Pitts over the years. After finding out about Fai's arrest, Pitts donated the same amount to charity. Pitts denied knowing Fai had external financings. In a letter published in Intelligencer Journal Pitt wrote "Clearly, much more
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#17327872089181408-661: The Karkota Empire , Kashmir grew as an imperial power. Lalitaditya Muktapida defeated Yashovarman of Kanyakubja and conquered the eastern kingdoms of Magadha, Kamarupa , Gauda , and Kalinga . He defeated the Arabs at Sindh . The Utpala dynasty , founded by Avantivarman , followed the Karkotas. Queen Didda , who descended from the Hindu Shahis of Udabhandapura on her mother's side, took over as ruler in
1472-640: The Kashmir valley are from around 3000 BCE. The most important sites are at Burzahom . During the later Vedic period , the Uttara–Kurus settled in Kashmir. During the reign of Ashoka (304–232 BCE), Kashmir became part of the Maurya Empire and the city of Srinagari ( Srinagar ) was built. Kanishka (127–151 CE), an emperor of the Kushan dynasty , conquered Kashmir. In the eighth century, during
1536-523: The I.S.I., approved the list of speakers and gave Fai talking points to "highlight the Kashmir cause" . Before his arrest in July 2011 and subsequent electronically monitored house arrest in Virginia, USA, he was a regular visitor to Pakistan and met regularly and openly with the highest levels of the political, bureaucratic and military establishment, including the Inter-Services Intelligence (ISI). In
1600-607: The ISI's Security Directorate that oversees Kashmiri militant groups, Lieutenant-Colonel Touqeer Mehmood Butt, and Sohail Mahmood (alias "Mir"). An attorney submitted in a foot-note to a US district court in Alexandria, Virginia, that Fai misled people about possessing a doctorate degree. In March 2012 Fai was sentenced to two years in prison. On 15 November 2013, the Assistant US Attorney who had prosecuted Fai asked
1664-559: The Kashmiri of the Neelam Valley to the north. In Neelam Valley, Kashmiri is the second most widely spoken language and the majority language in at least a dozen or so villages, where in about half of these, it is the sole mother tongue. The Kashmiri dialect of Neelum is closer to the variety spoken in northern Kashmir Valley, particularly Kupwara . At the 2017 Census of Pakistan , as many as 350,000 people declared their first language to be Kashmiri. A process of language shift
1728-587: The People's Republic of China. There are about 6.8 million speakers of Kashmiri and related dialects in Jammu and Kashmir and amongst the Kashmiri diaspora in other states of India. Most Kashmiris are located in the Kashmir Valley and other areas of Jammu and Kashmir. In the Kashmir valley, they form a majority. Kashmiri is spoken by roughly five per cent of Azad Kashmir 's population. According to
1792-471: The U.S. government's position on Kashmir, his handlers in Pakistan allegedly funneled millions through the Kashmir Center to contribute to U.S. elected officials, fund high-profile conferences, and pay for other efforts that promoted the Kashmiri cause in favor of Pakistan to decision makers in Washington." According to prosecutors he was directed by ISI and was in touch with them at least 4000 times in
1856-553: The US Senate. Fai is married to a Chinese woman in the United States and has two children. Kashmiri people Kashmiris ( Kashmiri pronunciation: [kəːʃirʲ] ) are an Indo-Aryan ethnolinguistic group speaking the Kashmiri language and originating from the Kashmir Valley , which is today located in Indian-administered Jammu and Kashmir . The earliest known Neolithic sites in
1920-559: The US, Fai's access extended to various mid-level officials in the State Department , as well as a variety of backbenchers including non-ranking Congressmen and a handful of Senators. Typically, his access was limited to those Congressmen to whose election funds the Kashmir American Council (see above) had donated monies, including Joe Pitts (R-Pennsylvania) and Dan Burton (R-Indiana). Fai has never had
1984-472: The United States and other Western countries until the 20th century, after it was introduced in the U.S. in 1984. Around this time, newly designed electronic monitoring devices made it more affordable and easier for corrections authorities to manage. Although Boston was using house arrest for a variety of arrangements, the first-ever court sentence of house arrest with an electronic bracelet was in 1983. House arrest and electronic monitoring programs are among
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2048-571: The aftermath of the raid that killed Osama bin Laden in Pakistan, and while US Secretary of State Hillary Clinton was on a visit to India . On 7 December 2011, Fai pleaded guilty to conspiracy and tax evasion (both charges); in March 2012, Fai was sentenced to two years' imprisonment by a US court for " conspiracy to defraud the US" by concealing transfer of funding from Pakistan's ISI for his illegal lobbying efforts on Kashmir. Syed Ghulam Nabi Fai
2112-492: The age of 63 due to a brain haemorrhage . At his initial court appearance, the prosecution claimed that, after his arrest, Fai had admitted to receiving money from ISI but said that he maintained an independent viewpoint on issues pertaining to Kashmir. FBI agent Sarah Linden stated that previously Fai had denied knowing anyone from ISI. Fai himself said nothing at the trial. He was granted bail and placed under house arrest . His and his wife's passports were confiscated, and Fai
2176-469: The causes of their offending. The terms of house arrest can differ, but most programs allow employed offenders to continue to work, and confine them to their residence only during non-working hours. Offenders are commonly allowed to leave their home for specific purposes; examples can include visits to the probation officer or police station, religious services, education, attorney visits, court appearances, and medical appointments. Many programs also allow
2240-560: The chief of Hizbul Mujahideen , is said to have been his childhood friend. Fai moved to Saudi Arabia in 1967, and then went to the United States. He obtained a PhD in mass communications from the Temple University in 1977. He became a US citizen in 1990. For decades, Fai has claimed, as he continues to, to have earned a PhD from Temple University in Philadelphia and constantly referred to himself as "Dr. Fai", as
2304-406: The convict to leave their residence during regular, pre-approved times in order to carry out general household errands, such as food shopping and laundry. Offenders may have to respond to communications from a higher authority to verify that they are at home when required to be. Exceptions are often made to allow visitors to visit the offender. The types of house arrest vary in severity according to
2368-618: The court to reduce Fai's sentence to 16 months time served. The motion was granted by the original sentencing judge on 22 November 2013, and Fai was released from the Federal Correctional Institution in Cumberland, Maryland . The Embassy of Pakistan in Washington, D.C. issued a statement after the arrest claiming that "it had no knowledge" of Fai's alleged ties with the Pakistani establishment , though he
2432-691: The electronic monitoring. "It would seem that those under house arrest would have the opposite experience, as they are actually confined to their home world. Yet, while a sentence to electronic monitoring means that clients still spend time with their family and domestic partners, the disciplinary regime of house arrest significantly shapes those relationships". "House arrest officers also meet with ‘‘collateral contacts’’ and make unannounced on-site visits to places of employment and residences." Residence checks by law enforcement in house arrest programs can be seen as invasive and cause privacy issues for people serving time. "Spelman (1995) had 128 convicted offenders rate
2496-515: The end of their prison terms, or for those whose health condition does not allow residence in a correctional facility, except some particular cases of extremely dangerous persons. As per article 284 of the Italian Penal Procedure Code, house arrest is imposed by a judge, who orders the suspect to stay confined in their house, home, residence, private property, or any other place of cure or assistance where they may be housed at
2560-761: The exonym Pandit . The Muslims living in Kashmir are of the same stock as the Kashmiri Pandit community and are designated as Kashmiri Muslims . Kashmiri Muslims are descended from Kashmiri Hindus who converted to Islam , and Kashmiri Pandits are the predecessors of the Kashmiri Muslims, who now form the majority population in the Kashmir Valley Both the Kashmiri Hindus and Muslim society reckons descent patrilineally. Certain property and titles may be inherited through
2624-401: The freedom of political governments against political dissidents , sometimes limiting or monitoring their communication with the outside world. If electronic communication is allowed, conversations may be monitored. There are many critiques on how effective house arrest is. Judges have imposed sentences of home confinement, as an alternative to prison, as far back as the 17th century. Galileo
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2688-611: The judge may sentence an offender to home detention where they would otherwise receive a short-term prison sentence (i.e. two years or less). Home detention sentences range from 14 days and 12 months; offenders are confined to their approved residence 24 hours a day and may only leave with the permission of their probation officer. Electronic monitoring equipment is extensively used by the New Zealand Department of Corrections to ensure that convicted offenders subject to home detention remain within approved areas. This takes
2752-451: The male line, but certain inheritances may accrue through the female line. After Kashmiri Hindus converted to Islam they largely retained their family names ( kram ) which indicated their original profession, locality or community. These include: The traditional types of music of Kashmir are Sufi Kalam , Wanvun , Chakri , Henzae , and Ladishah . Some of the musical instruments used in Kashmir are Rubab , Tumbaknaer (which
2816-400: The moment. When necessary, the judge may also forbid any contact between the subject and any person other than those who cohabit with them or those who assist them. If the subject is unable to take care of their life necessities or if they are in conditions of absolute poverty, the judge may authorize them to leave their home for the strict necessary time to take care of said needs or to exercise
2880-495: The most widely used alternatives to incarceration. It has been estimated that in 2005 roughly 20% of community-based supervision involved the use of electronic monitoring. The COVID-19 pandemic led to an increase in the use of house arrest as well. To stop the spread of the virus in crowded prisons, many governments allowed people to serve their sentences at home instead. This was mostly done for non-violent offenders or people close to finishing their prison terms. Home detention
2944-525: The preceding 3 years. The prosecutors also alleged that Kashmiri American Council was run by elements of Pakistani government including ISI and had Fai had received at least $ 4 million from the Government of Pakistan. If convicted Fai faces up to 5 years in prison. Zaheer Ahmad was not arrested and was thought to be living in Pakistan. On 8 October 2011, it was reported that Ahmad had died in Islamabad at
3008-471: The punitiveness of criminal sanctions. He found that 75% identified some intermediate sanctions as being more punitive than a sentence of incarceration." Many of these offenders felt that alternative punishments outside of prison were more difficult or restrictive than serving time behind bars. This could be due to the constant surveillance, loss of personal freedom, or the challenges of living under close restrictions. These strict rules have many critiques facing
3072-400: The requirements of the court order. A curfew may restrict an offender to their house at certain times, usually during hours of darkness. "Home confinement" or detention requires an offender to remain at home at all times, apart from the above-mentioned exceptions. The most serious level of house arrest is "home incarceration", under which an offender is restricted to their residence 24 hours
3136-670: The second half of the 10th century. After her death in 1003 CE, the Lohara dynasty ruled the region. In 1339, Shah Mir became the ruler of Kashmir, establishing the Shah Mir dynasty . During the rule of the Shah Mir dynasty, Islam spread in Kashmir. From 1586 to 1751, the Mughal Empire ruled Kashmir. The Afghan Durrani Empire ruled from 1747 until 1819. The Sikhs , under Ranjit Singh , annexed Kashmir in 1819. In 1846, after
3200-524: The system and look for a return of action. The People's Republic of China continues to use soft detention , a traditional form of house arrest used by the Chinese Empire . In Italy, house arrest (in Italian arresti domiciliari ) is a common practice of detaining suspects , as an alternative to detention in a correctional facility, and is also commonly practiced on those felons who are close to
3264-454: The term ‘‘total institutions’’ as a sensitizing concept to refer to organizations that separate certain types of people from the rest of society". He describes total institutions as places that separate individuals from society and control their daily lives. The use of house arrest is direct description of what he talks about. Although house arrest allows individuals to stay at home, it uses similar restrictions that jails and prisons have through
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#17327872089183328-523: Was a regular visitor to the Embassy. However an unnamed Pakistani official told The Independent that Fai was getting funding from ISI as he was unable to raise money from the Pakistani American community. The Pakistani government lodged its concern over the arrest and accused the US of embarking on a "slander campaign" against Pakistan. The Ministry of Foreign Affairs of Pakistan released
3392-569: Was arrested by the Federal Bureau of Investigation on 19 July 2011, for acting as an unregistered foreign agent, concealing the transfer of USD 3.5 million from Pakistan's ISI to fund his lobbying efforts and influence the US government on the Kashmir conflict , in violation of the Foreign Agents Registration Act . His arrest came at a time when relations between Pakistan and the United States were strained in
3456-599: Was born in April 1949 in the Wadwan village of Budgam district in the Kashmir Valley of Jammu and Kashmir , India. He graduated from Srinagar 's Sri Pratap College , then completed an MA from Aligarh Muslim University . During his college days, he came under the influence of Jamaat-e-Islami Kashmir . He occasionally wrote columns in the local newspapers under the name "Fay Budgami", which eventually resulted in his acquired last name "Fai". Mohammad Yusuf Shah , who later became
3520-637: Was charged along with a Pakistani American associate named Zaheer Ahmad for obtaining illegal funding from Pakistan for the KAC. Fai was arrested at his home in Fairfax, Virginia . According to Neil MacBride , the United States Attorney at United States District Court for the Eastern District of Virginia "Mr. Fai is accused of a decades-long scheme with one purpose – to hide Pakistan's involvement behind his efforts to influence
3584-439: Was confined to his home following his infamous trial in 1633. Authorities often used house arrest to confine political leaders who were deposed in a coup d'état, but this method was not widely used to confine numerous common criminals. Over time, though, house arrest became more popular, especially as prisons and jails became overcrowded and expensive. However, this method didn't become a widely used alternative to imprisonment in
3648-704: Was echoed in the Pakistani media . After moving to the United States in 1977 he began a course in mass communications at Temple University on 'Television in Saudi Arabia'. He completed less than half the PhD requirements and did not receive a degree, yet constantly referred to himself as "Dr. Fai" in official correspondence with the FBI and other law enforcement bodies. As of 2019, he continues to use his false "Phd" credential in his public engagements, and press outlets. Fai
3712-472: Was following the official Pakistani version of the Kashmir story. In all instances, the truth was obfuscated by misinformation provided by our opponents masquerading as Kashmiri freedom fighters." After being released, as of March 2020, it was reported that Fai has appeared on media channels across US to highlight "Indian atrocities in Kashmir and against Muslims", authored articles, collaborated with Indian influencers, and resumed his interactions with members of
3776-531: Was forbidden from making any contact with any foreign government or witness. On 7 December 2011, Fai pleaded guilty in the court of conspiracy and tax evasion. As part of his guilty plea, Fai signed an 81-paragraph "Statement of Fact" cataloguing his crimes, with specific details as to the instructions and payments he received from his ISI handlers. Court documents revealed his primary ISI handlers to have been Javeed Aziz Khan (alias "Brigadier Abdullah ('Khan')"; Major-General Mumtaz Ahmad Bajwa, who later became head of
3840-556: Was going on. Dr. Fai will get his day in court. Before long, we will learn exactly what he was doing behind the scenes. Whatever the ISI hoped to accomplish, it didn't work." U.S representative from Indiana Dan Burton , who frequently supports Pakistan's position on Kashmir, was a major recipient of contributions from Fai. Expressing shock at his arrest, Burton admitted to having known Fai for more than 20 years and stated "in that time I had no inkling of his involvement with any foreign intelligence operation and had presumed our correspondence
3904-609: Was legitimate". He said that funds he received from Fai would be donated to the Boy Scouts of America . Fai's arrest was condemned by separatist Kashmiri leader Syed Ali Shah Geelani , who described him as their "ambassador". His arrest was welcomed by the Kashmiri Pandit community. According to Lalit Koul, the President of the Indo-American Kashmir Forum, "It was always clear that this (Fai's) group
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#17327872089183968-545: Was replaced by Urdu in 1889 during the Dogra rule . In 2020, Kashmiri became an official language in the Union Territory of Jammu and Kashmir for the first time. Kashmiri is closely related to Poguli and Kishtwari , which are spoken in the mountains to the south of the Kashmir Valley and have sometimes been counted as dialects of Kashmiri. Kashmiri Hindus are Saraswat Brahmins and are known by
4032-530: Was set up by the government to patronise Kashmiri and impart it in school-level education. However, the limited attempts at introducing the language have not been successful, and it is Urdu, rather than Kashmiri, that Kashmiri Muslims have seen as their identity symbol. Rahman notes that efforts to organise a Kashmiri language movement have been challenged by the scattered nature of the Kashmiri-speaking community in Azad Kashmir. The Kashmiri language
4096-480: Was the executive director of the Kashmiri American Council (KAC), an ISI module based in Washington, D.C., for the cause of "propagating the cause of the right of self-determination of the people of the State of Jammu & Kashmir" . The KAC was formed by some members of the Kashmiri diaspora,[2] in Washington, D.C. In the 1990s, Paul Manafort lobbied for the KAC. According to the FBI, the Kashmiri American Council -
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