Human Rights review
Jammu and Kashmir in 2011
Srinagar: Year 2011 Has Just Passed, And Many Have Declared This Year, A Peaceful Year In Jammu and Kashmir. Of Course Assertions Of Peace By Various Quarters Are Relative. Enforced Silence Cannot Be Construed As Peace. Despite The propaganda Of Peace, People Of Jammu and Kashmir Have Witnessed Unabated Violence, Human Rights Abuses, Denial Of Civil And Political Rights, and Absence Of Mechanisms Of Justice, Heightened Militarization And Surveillance. The Figures Of Violent Incidents Suggest That 2011 As Usual Has Been The Year Of Loss, Victimization, Mourning And Pain For The People.
In 2011, A Total Of 233 People Have Lost Their Lives Due To Violent Incidents In Jammu and Kashmir. Out Of 233 Persons, 56 Were Civilians, 100 Were Alleged Militants, 71 Armed Forces Personnel and 6 Were Unidentified Persons and Counter Insurgent Renegades.
Out Of The Total 56 Civilians Killed This Year, 11 Were Students, Amongst Whom 7 Were Minors And 6 Were Women.
Unmarked graves and mass graves:
This year has been very significant for those struggling against the human rights abuses in Jammu and Kashmir. It is for the first time a state institution like State Human Rights Commission [SHRC] endorsed the findings of Association of Parents of Disappeared Persons [APDP] and International People’s Tribunal for Human Rights and Justice in Kashmir [IPTK] regarding the presence of unmarked graves and mass graves in north Kashmir, besides acknowledging the possibility of burial of some of the people subjected to enforced disappearances in these unmarked graves and mass graves.
So far APDP/IPTK has submitted the prima-facie evidence of 6217 unmarked graves and mass graves in 5 districts; Kupwara, Baramulla, Bandipora, Poonch and Rajouri. While as the SHRC has acknowledged existence of 2156 unmarked graves and mass graves in Kupwara, Baramulla and Bandipora. The SHRC inquiry in Poonch and Rajouri is not yet concluded.
Enforced disappearances:
This year APDP submitted a list of 1417 cases of enforced disappearance to the Chief Minister of Jammu and Kashmir and urged the government to inquire into all the cases of enforced disappearances, but so far the government continues to be indifferent.
Enforced Disappearances is not an issue of the past. People have disappeared even in this year. At least 2 persons, Susheel Raina of Aishmuqam, Anantnag and Nisar Ahmad Banday of Chechal, Banihal disappeared this year. The government as usual has failed to initiate any conclusive investigation into those who disappeared this year.
Successive governments have given contradictory statements about the total number of people ‘missing’ in Jammu and Kashmir. In 2002, the National Conference government said 3184 persons are ‘missing’, then in 2005 Peoples’ Democratic Party led government claimed 3931 persons were ‘missing’ and in 2009 the present National Conference led government divulged that 3429 persons are missing in Jammu and Kashmir since 1989. In this context APDP on 7th October 2011, applied for information under Jammu and Kashmir Right to Information Act 2009 from the State Home Department for providing all the lists of ‘missing persons’ as claimed by various governments. More than 2 months have passed the state government has failed to provide any information regarding the contradictory figures of ‘missing persons’ divulged by various governments on the floor of Jammu and Kashmir Legislative Assembly.
Custodial killings:
The year 2011 has not been free of custodial killings and fake encounters. 7 persons were allegedly killed in custody. In all the cases of custodial killings, the government has failed to either prosecute or conduct an impartial conclusive investigation. Whether it was the killing of Ashok Kumar, a mentally challenged person who was killed in a fake encounter in Surankote, Poonch or the killing of Nazim Rashid of Sopore who succumbed to custodial torture or the custodial death; the ruling National Conference party worker, Mohammad Yousuf, who died after he was handed over by the Chief Minister to the Crime Branch officials, the practice of impunity is consistent. No credible investigations have been carried out, thus creating space for cover ups, which otherwise also is the norm in Jammu and Kashmir.
JKCCS on 4th August 2011, had filed an RTI application for seeking information regarding the investigations being conducted in the killing of Nazim Rashid of Sopore, but so far the Jammu and Kashmir Police has failed to provide the information.
Probes and inquiries:
In 2011, the government has ordered 8 different probes on various human rights abuses. So far no probe has yet yielded any results, which is nothing unprecedented as even in the past probes have been announced by the government to neutralize the public pressure. From 2003 to 2011, different governments have appointed 151 probes but justice remains elusive.
It appears the basic objective of the government to appoint probes is not to convict perpetrators but to only deflate the public anger. If perpetrators would have been punished as a result of meaningful and effective probes in the past, it would have helped in creating deterrence for the recurrence of these crimes. We urge the government to ensure that investigations and probe should not be politically motivated, but aimed at holding the perpetrators accountable.
Killings of political workers:
Killings of civilian political workers continue to be an unabated phenomenon. In the year 2011, we have recorded killings of 8 civilian political workers. 4 out of the 8 political workers killed belong to ruling National Conference party, 2 were from Indian National Congress, while as 1 belonged to Peoples’ Democratic Party and Moulvi Showkat Ahmed Ahmed Shah of Jamiat Ahle-Hadith. Killings of civilian political workers at the hands of state or non-state actors, is completely unacceptable. Killing of civilian political workers only creates a culture of intolerance and chokes dissent. It is therefore, JKCCS has been urging all the combatant forces – Indian military forces and the members of United Jehad Council to refrain from killing any civilian political workers.
Somehow government was very quick in probing the death of Molvi Showkat Ahmed Shah, which is a welcome step, but investigations into the killing of 7 other civilian political workers have not yielded any results so far.
JKCCS demands an im
المزيد
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