[Reader-list] Amnesty International and Human Rights Watch slam Indian human rights abuses in Kashmir

[junaid]

http://www.amnesty.nl/voor_de_pers_artikel/31437?PHPSESSID=975c9807c483e274bdec9288f1c26a86 


 
Amnesty International 


 
India should investigate all allegations of enforced disappearances in Jammu and Kashmir following reports of mass graves


 
8 April 2008:   Amnesty International urges the Government of India to launch urgent investigations into hundreds of unidentified graves discovered since 2006 in Jammu and Kashmir. The investigation must be independent, impartial and follow international standards. The grave sites are believed to contain the remains of victims of unlawful killings, enforced disappearances, torture and other abuses which occurred in the context of armed conflict persisting in the state since 1989. The graves of at least 940 persons have reportedly been found in 18 villages in Uri district alone.Unlawful killings, enforced disappearances and torture are violations of both international human rights law and international humanitarian law, set out in treaties to which India is a state party and in customary international law. They also constitute international crimes. Amnesty International calls on the Government of India to comply with its international obligations in this regard, as well as act on the commitment displayed through its signing of the United Nations? Convention for the Protection of All Persons from Enforced Disappearances on 6 February 2007 by ordering prompt, thorough, independent and impartial investigations into all past and current allegations of enforced disappearances. A report issued on 29 March 2008 by the Srinagar-based Association of the Parents of Disappeared Persons (APDP), Facts under Ground, indicated the existence of multiple graves in localities which, because of their proximity of the Line of Control with Pakistan, are not accessible without the specific permission on the security forces. In response to the report army spokespersons again claimed that those found buried were armed rebels and ?foreign militants? killed lawfully in armed encounters with military forces. However the report detailed testimonies from local villagers saying that most of those buried were local residents hailing from the state. These are serious allegations that must be fully investigated. While the report alleges that more than 8,000 persons have gone missing in Jammu and Kashmir since 1989, the central and state authorities state that the total amounts to less than 4.000, and that most of these went to Pakistan to join armed opposition groups. In 2006 a state police report confirmed the deaths in custody of 331 persons and also 111 enforced disappearances following detention since 1989. Since the early 1990s, Amnesty International has issued a series of reports and statements on the human rights situation in Jammu and Kashmir detailing arbitrary detentions by the security forces and the state police and enforced disappearances. For instance, see India: ?An unnatural fate?- "Disappearances" and impunity in the Indian States of Jammu and Kashmir and Punjab, AI Index: ASA 20/042/1993; India: "If they are dead, tell us": "Disappearances" in Jammu and Kashmir, AI Index: ASA 20/002/1998; Open Letter to Chief Minister Mufti Mohammed Sayeed, AI Index: ASA 20/020/2002 and India: Armed groups in Jammu and Kashmir targeting civilians, AI Index: ASA 20/016/2005. The organisation has also consistently opposed human rights abuses perpetrated by armed opposition groups, repeatedly appealing to them to abide by minimum standards of international humanitarian law which prohibit hostage-taking, torture and killing of people taking no active part in hostilities including members of the Hindu community and issued several statements documenting the same. Amnesty International reiterates its grave concern that the state has failed to take responsibility to ascertain the fate or the whereabouts of a majority of the disappeared persons, especially in response to habeas corpus petitions filed in the state?s courts. In addition, while Amnesty International has welcomed efforts of the judiciary in a number of high profile cases - including the Chattisingpura case in which a series of court hearings established that the security service had extrajudicially executed five local residents while claiming lawful use of force against suspected ?foreign militants? - the organization remains concerned that judicial inquiries into individual complaints are rare and the rights of victim to justice and redress remains unfulfilled. In the light of the above, Amnesty International urges the Government of India to: 


unequivocally reiterate condemnation of enforced disappearances in Jammu & Kashmir; 

ensure that prompt, thorough, independent and impartial investigations into all sites of mass graves in Jammu and Kashmir are immediately carried out by forensic experts in line with UN Model Protocol on the disinterment and analysis of skeletal remains;make available adequate resources; and seek and accept offers of assistance and cooperation from international experts, both in carrying out the work itself, and in training local personnel engaged in the work. As an immediate step, the grave sites must be secured in order to preserve the evidence; 

ensure that all past and current allegations of enforced disappearances are promptly, thoroughly, independently and impartially investigated and that, where there is sufficient evidence, anyone suspected of responsibility for such crimes is prosecuted in proceedings which meet international fair trial standards; 

ensure that all victims of unlawful killings, enforced disappearance and torture are granted full reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition; 

consider assigning the civilian prosecutor?s office with the jurisdiction to investigate all cases of suspected enforced disappearances, whichever military, security or law enforcement agency is suspected of being involved; 

and provide the civilian prosecutor?s office with the mandate and authority necessary to be able to effectively investigate all such cases; 

create a single authoritative and comprehensive database of the names and details, including where possible DNA information, of all individuals who have gone missing, who have been subjected to enforced disappearance, or abducted in Jammu and Kashmir since 1989, and create a single official database logging details of all unidentified bodies found in Jammu and Kashmir. Make both databases public and accessible to relatives of these people; 

ratify without delay and without any reservations the UN Convention for the Protection of All Persons from Enforced Disappearance, make declarations pursuant to Articles 31 and 32 recognizing the competence of the Committee on Enforced Disappearances to receive communications from individuals and states, enact effective implementing legislation and implement it in practice; 

Ratify the Rome Statute of the International Criminal Court; 

facilitate the long-standing requests for visits to India including Jammu and Kashmir, by the UN Special Procedures, in accordance with their long-established terms of reference for missions, in particular the UN Special Rapporteur on torture, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, and the UN Working Group on Enforced or Involuntary Disappearances by setting dates for them to undertake missions in the near future. 

Amnesty International urges the state authorities to support the actions of the Government of India and 


ensure all detentions in the state are carried out in accordance with proper procedures, meeting the strict requirements of international law and standards, including by ensuring detaining officials are identifiable by wearing visible ID numbers and for the registration numbers of vehicles to be clearly visible; ensuring all detentions are properly logged; providing medical examination of detainees on entering, transfer and release from detention, ensuring all detainees have prompt access to family members, lawyers and independent courts where they may challenge the lawfulness of their detention, and ensuring accountability for any violations of such procedures; 

ensure no one faces reprisals for seeking the truth about the fate of their disappeared relative; establish safeguards against reprisals in order to protect all complainants, victims and witnesses in accordance with international standards; 

work with the Union government authorities and international experts to exhume the sites of mass graves in Jammu and Kashmir in accordance with international standards. Ensure the sites are protected from any interference pending such exhumation; 

work with the Union government authorities to create a comprehensive database of the names and details of all individuals who have gone missing, who have been subjected to enforced disappearance, or abducted in Jammu and Kashmir since 1999 and to create a single official database logging details of all unidentified bodies found in the state; 

provide full reparation, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, to the victims and their families.


 

 

 

 

 

 
http://hrw.org/english/docs/2008/04/07/india18442_txt.htm 

India: UN Rights Council Should Tackle Impunity

Government Scrutinized for Failing to Protect Minority Rights

(New York, April 07, 2008) ? The United Nations Human Rights Council (HRC) should insist that the Indian government take strong steps to hold accountable members of its security forces responsible for torture, arbitrary detentions, killings, and ?disappearances,? Human Rights Watch said today. The HRC should also demand that the government fulfill its responsibility to protect and support vulnerable communities, including Dalits, tribal groups, religious minorities, and women.

India?s human rights record comes under the first-ever Universal Periodic Review (UPR) when the HRC meets in Geneva on April 10, 2008.   ?India is a vibrant electoral democracy with an abysmal human rights record,? said Brad Adams, Asia director at Human Rights Watch. ?Victims of abuse in India are counting on the Human Rights Council to put maximum pressure on the government to address these problems.?   In its submission to the UPR, India said it has adopted various measures for the protection of human rights, including the training of government officials, armed forces, prison officials, and law officers. It said that such measures have had a ?beneficial effect? and that there has been a ?decline of complaints of human rights violations even from areas affected by insurgency and terrorist activities and violence.?   While Human Rights Watch welcomes the government?s efforts to properly train its security forces and other officials, human rights violations remain rampant. Security forces in India continue to be responsible for grave human rights abuses during counter-insurgency operations, such as in Jammu and Kashmir, Assam and Manipur. Serious abuses are being committed in the many states where there is a violent campaign by Maoist ?Naxalite? groups. Further, the government is ignoring the crime of forced disappearances from past conflicts in Punjab and Nagaland.   Extrajudicial executions, often disguised as encounters with armed criminals, have become the norm and are widely reported in Indian media. Torture and arbitrary detentions continue, not just in insurgency-affected areas, but also in most police stations in the country. Yet India continues to provide effective immunity from prosecution to its security forces and other public officials. When investigations are started, they are often blocked. The army and other special forces, in particular, remain almost completely above the law.   Human Rights Watch called on the HRC to demand that India remove all immunity clauses in Indian law, such as that in section 197 of the Criminal Procedure Code. India should also accept the recommendation of various government-appointed experts and repeal the Armed Forces (Special Powers) Act, which has allowed widespread human rights violations by security forces with impunity.   ?India likes to tell the world that it has a world class legal system that allows it to solve its own problems, but the reality on the ground is far different,? said Adams. ?Killers and torturers in the army and police do their work with official protection, degrading the law and taking the shine off of India?s claim to be an emerging world leader. Now is the time to repeal antiquated laws that protect abusers.?   In its submission for the UPR, India claimed that it has ?embarked on a programme of affirmative action which is, perhaps, without parallel in scale and dimension in human history.? The policies are intended to end discrimination against Scheduled Castes and Tribes, and provide quotas in jobs, education and political representation. India cited policy initiatives and legislation, including the recent Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, which recognizes customary land rights of these communities.   These efforts are welcome and the necessary foundation for reform. However, India has failed to effectively implement these policies and laws. Dalits, tribals and other so-called backward classes continue to suffer severe discrimination, exploitation and violence. They are routinely denied access to land, water and shelter, forced to work in degrading conditions, and abused at the hands of the police and private actors belonging to so-called higher caste groups. These vulnerable groups also have unequal access to services, employment opportunities, justice mechanisms, and development programs. Protection for Dalits, tribals and other groups is limited because officials and police responsible for abuses or failing to discharge their duties to protect vulnerable persons routinely go unpunished.   India has repeatedly refused to substantively engage with the UN Committee on the Elimination of Racial Discrimination, disputing its claim that discrimination on the ground of caste is fully covered by the International Convention on Elimination of All Forms of Racial Discrimination.   ?In its report to the Human Rights Council, India has cited numerous laws and policies to protect human rights,? said Adams. ?But as victims, lawyers and activists in India tell us every day, human rights abuses are rampant in India because there is little will in the government to properly implement these laws. While these are fine words on paper, those facing ?faked encounter killings? or ?dowry deaths? need effective action.?   While India cites secularism as the fundamental tenet of its constitution and touts policies and institutions established for the protection of minority rights, including the National Commission for Minorities, religious minorities continue to face discrimination, particularly in access to housing and employment and to suffer violent attacks from Hindu militant groups. For example, in December 2007 hundreds of churches and Christian homes were destroyed in attacks by Hindu militants in Orissa state in eastern India. The Indian government has yet to hold perpetrators accountable for riots in which Muslims came under attack from Hindu mobs. It has failed to implement the Srikrishna Commission recommendations on the 1992-93 communal riots in Mumbai. The commission proposed action against police responsible for instigating or participating in the violence. The government has taken little action to address the 2002 attacks on Muslims in Gujarat. The violence started after 59 people died when a train carriage carrying Hindus caught fire during a Muslim mob attack. In a retaliatory spree led by Hindu militant groups, hundreds of Muslims were slaughtered, tens of thousands were displaced, and their property was destroyed. In March 2008, the Supreme Court directed the Gujarat government to set up a special investigation team (SIT) to further probe 14 cases from the 2002 riots. As the court said: ?If in the name of religion, people are liquidated it is essentially a slur and blot on society governed by the Constitution of India which in its Preamble refers to secularism.?   Human Rights Watch also called on the HRC to press India to strengthen its official human rights mechanisms. The Indian government often refers to a number of ?Ombudsman type institutions,? particularly the National Human Rights Commission (NHRC), that it says ensures the protection of human rights. However, these institutions are weak, under-staffed, and often ignored. The national and state governments often do not act upon the findings and recommendations of these bodies.   The NHRC itself has complained about restrictions that prevent the commission from performing a meaningful role in addressing impunity. Under section 19 of the Human Rights Protection Act, when the NHRC receives a complaint of a human rights violation by the armed forces, it cannot independently investigate the case but can only seek a report from the central government and make recommendations. The state human rights commissions are invariably poorly funded and stacked with political appointees, making them ineffective in addressing ongoing human rights violations.   India also urgently needs to reform its policing systems. Junior police officials operate in abysmal working conditions, which make it more likely that they will succumb to corruption and brutality. Senior officers, on the other hand, complain of improper interference from politicians. There is an urgent need for proper training in criminal investigations and access to forensic tools for evidence gathering, which will decrease the pervasive culture of torture and mistreatment during interrogation to obtain forced confessions.   ?Adequate resources and political support must be given to India?s human rights commissions to investigate abuses,? Adams said. ?And so long as police officers live in terrible conditions and effectively are permanently on duty, the police are likely to be part of the problem instead of part of the solution.?   In discussing its commitment to international human rights norms, India claimed in its report to the UPR that ?voluntary pledges and commitments made by India have been fulfilled and the rest are being carried out in earnest.?   India has still not invited the UN?s Special Rapporteur on torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions, or the Working Group on arbitrary detention to conduct in-country missions.   India has also ignored recommendations by UN bodies on human rights. For example, in 1997 the UN Human Rights Committee expressed concern about legislation such as the Armed Forces Special Powers Act, the Public Safety Act, and the National Security Act. It also expressed concern that criminal or civil proceedings against members of the security forces, acting under special powers, could not be commenced without permission from the central government, contributing to a climate of impunity and depriving people of a remedy. Several treaty bodies, including CERD and the Committee on the Rights of the Child, have expressed concern about human rights violations by security forces, including custodial deaths, rape, torture, and arbitrary detention. The Working Group on enforced or involuntary disappearances has reported on cases related to insurgencies in Punjab, Jammu and Kashmir, and in the northeastern states. India has failed to address these concerns.   India is yet to ratify the Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment. Human Rights Watch welcomed the fact that India has signed the Convention on Enforced Disappearances and looks forward to its prompt ratification, but urged the government to take concrete measure to effectively address allegations of widespread disappearances in Punjab, Jammu and Kashmir.   ?As the world?s largest democracy, India should set the standard for the Universal Periodic Review at the Human Rights Council,? said Adams. ?India must make credible commitments to uphold its constitutional and international obligations and provide justice to those who continue to suffer human rights abuse.?