[Reader-list] To: Mr Omar Abdullah

[Pawan Durani]

It would have been justified if the killings of minority community would
also have been discussed.

The details of the same may be found here

http://www.kashmiri-pandit.org/sundry/genocide.html

On Sat, Feb 14, 2009 at 4:32 PM, Shivam V <lists at shivamvij.com> wrote:

> To: Mr. Omar Abdullah
> Chief Minister
> Jammu and Kashmir
>
> From: The International People's Tribunal on Human Rights and Justice in
> Kashmir
>
> Conveners:
> Dr. Angana Chatterji, Associate Professor, Anthropology, California
> Institute of Integral Studies
> Advocate Parvez Imroz, Founder, Jammu and Kashmir Coalition of Civil
> Society
> Gautam Navlakha, Editorial Consultant, Economic and Political Weekly
> Zahir-Ud-Din, Vice-President, Jammu and Kashmir Coalition of Civil Society
>
> Legal Counsel:
> Advocate Mihir Desai, Mumbai High Court, Supreme Court of India,
> Co-founder, Indian People's Tribunal
>
> Liaison:
> Khurram Parvez, Programme Coordinator, Jammu and Kashmir Coalition of
> Civil Society
>
>
>
> February 11, 2009
>
> Re.: Memorandum on Human Rights, Peace, and Social Justice
>
>
> Dear Mr. Omar Abdullah:
>
> We write you today on behalf of the International People's Tribunal on
> Human Rights and Justice in Indian-administered Kashmir. [A brief on
> the Tribunal's premise and objectives may be found at:
> http://www.kashmirprocess.org/premise.html.]
>
> We write, mindful that you have promised attentiveness and
> accountability to human rights issues in Kashmir, to bring to your
> attention the need for appropriate action with regard to the
> following:
>
> 1. Disappearances: You have raised issues of enforced disappearances
> in Kashmir in the past. We ask that you order a full-scale
> investigation under provisions of the Commissions of Inquiry Act,
> 1952, and/or other relevant laws, within a stipulated and reasonable
> timeframe.
>
> We ask as well that all laws of Jammu and Kashmir incorporate the
> premise of the United Nations Declaration on the Protection of All
> Persons From Enforced Disappearance, the International Convention for
> the Protection of All Persons from Enforced Disappearance, and the
> Convention Against Torture and Other Cruel, Inhuman or Degrading
> Treatment or Punishment.
>
> 2. Killing by Police Firings, Fake Encounter Killings, and
> Extrajudicial Killings: We ask that you use all authority granted you
> by law to take strong and effective preventive measures to ensure that
> these are not repeated. As well, we urge that the cases that have been
> pending in courts, and those that have not been filed, be
> expeditiously dealt with and the perpetrators be brought to justice.
> We ask that the Government of Jammu and Kashmir follow the cases
> pending for sanctions before the Government of India's Home Ministry
> under Section 7 of Armed Forces Special Powers Act, 1958, (AFSPA). We
> ask that the state make public the number of cases in which sanctions
> have been sought from the Government of India, and the number of cases
> in which the same have been granted.
>
> 3. Mass Graves: We note the existence of mass graves in Kashmir, as
> verified by the Association of Parents of Disappeared Persons and the
> International People's Tribunal for Human Rights and Justice in
> Kashmir in 2008. We note that there are connections between the number
> of persons disappeared and these unmarked, unidentified, nameless, and
> unknown graves. We also note that various international institutions
> and bodies, such as the European Parliament, have referred to this
> issue and made recommendations for action. We ask that your government
> offer protection to the sites to not permit their desecration or
> destruction, enable independent and transparent investigations drawing
> upon varied, credible, and international expertise, and institute an
> independent and transparent judicial commission of inquiry.
>
> 4. Torture: It has been acknowledged by international human rights
> organizations that the use of torture by military and paramilitary
> forces is widespread in Kashmir. [See documentations available at
> http://www.kashmirprocess.org/resources.html.] As well, the Government
> of India is yet to ratify the Convention Against Torture and Other
> Cruel, Inhuman or Degrading Treatment or Punishment, although it has
> been a signatory since October 1997. In this context, we ask that the
> Government of Jammu and Kashmir institute a comprehensive ban on
> practises of torture as defined by international law and humanitarian
> ethics.
>
> 5. Detention and Torture Centres: We ask that unlawful detention and
> torture centres, including in army camps, be identified, made public,
> and banned. Further, we ask that appropriate reparations be determined
> and undertaken with regard to unlawful and unconstitutional practises
> undertaken in these camps and centres. We ask that international
> institutions, such as the International Committee of the Red Cross
> (ICRC), be permitted to visit the above places to assess the situation
> independently.
>
> 6. Gendered and Sexualized Violences: We note the severity of gendered
> and sexualized violences that have been perpetrated in Kashmir in the
> last two decades. Women and children, and others, have been victimized
> by horrific forms of brutality, including rape, gang and collective
> rape, perpetrated on women. Other categories of victimization include
> women whose male partners are missing, labelled 'half-widows'. Women
> and children, and others, have been subjected to physical and
> psychological torture and trauma, and social and literal
> displacements. We note the urgency of undertaking ethical,
> transparent, and independent assessments of the above in conditions
> that ensure the safety and security of the survivors/victims, and
> undertaking requisite reparations and rehabilitation.
>
> 7. Prisoners Rights: We ask that prisoners' rights not be violated,
> and that medical aid be readily made available, and that the right to
> legal counsel, due process, fair and speedy trials be upheld.
>
> 8. Rights of Former Militants: We ask that the civil liberties of
> former militants and their families be respected. We note that the
> civic and political rights of former militants, who are now living
> different and committed lives, continue to be violated by personnel of
> the military and paramilitary forces. We note that some of them have
> been subjected to torture after serving sentences and deemed
> 'rehabilitated' by the justice system. We note that many still have to
> report to local camps of the security forces on a weekly basis. We
> note as well that former militants and their families continue to be
> subjected to maltreatment and denied access to social life, such as to
> institutions, employment, and pensions.
>
> 9. Juvenile Justice: We ask that youth not be taken into custody,
> held, or tried as adults, and that their rights to legal counsel, due
> process, and fair and speedy trials be upheld. We ask that a law be
> enacted that guarantees juvenile justice, that safeguards the rights
> of juveniles in conflict with law, and neglected and destitute
> juveniles.
>
> We note that young people in general, particularly girls and young
> women, must be guaranteed an environment free of sexual harassment and
> violence.
>
> We note that young people need to be guaranteed freedom from forms of
> harassment that undermine their right to education. Impediment to
> livelihood of adults creates economic insecurity that impacts youth.
> Family livelihood insecurity compels youth to earn income rather than
> foreground education and development. Proximity to systemic violence
> produces severe emotional trauma that manifests as depression,
> suicidal behaviours, self-medication through drugs, as well as retreat
> and isolation as coping strategies. There are inadequate provisions to
> address these issues and respond to these needs. We urge recognition
> of this reality and the allocation of resources to address these
> issues.
>
> 10. Access to Justice: We ask that all persons seeking to access
> institutions of law and justice be treated with respect and
> non-violence by law enforcement agencies. We note that, in countless
> instances, complaints are disregarded by the police, false first
> information reports (FIRs) filed, and people's request to file FIRS
> are met with disrespect, even force.
>
> 11. Landmines: We note that the placement of landmines along the
> border and other sensitive areas in Jammu and Kashmir continues to
> endanger lives, including those of children. While the Government of
> India is not a signatory to the Convention on the Prohibition of the
> Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and
> on their Destruction, and has continued to justify landmine use in
> Jammu and Kashmir, we ask that the Government of Jammu and Kashmir
> institute a comprehensive ban on the use of landmines. We ask that an
> audit be conducted to ascertain the impact of landmines on local
> communities, to determine the extent of casualties, devastation, and
> displacement, and undertake rehabilitation of those affected and
> de-mining.
>
> 12. Transparency: We urge that the Government of Jammu and Kashmir
> ensure that international organizations and institutions, that have
> access to other places, are allowed to visit Jammu and Kashmir. We
> note that the ability of international institutions to work with local
> civil society institutions in Jammu and Kashmir is crucial to
> interrupting isolation and producing accountability.
>
> We ask that thousands of families who have been denied passports,
> including human rights defenders and journalists, be provided the
> same.
>
> We ask that, prior to contractual agreements and implementation, all
> development projects be assessed for their human rights implications.
>
> 13. Laws and States of Exception: We note your commitment to the
> revocation and withdrawal of security related legislation that has
> been in contravention of international humanitarian laws and norms,
> such as the Armed Forces Special Powers Act, 1958, (AFSPA), enacted in
> Jammu and Kashmir in 1990, the Disturbed Areas Act, 1976, enacted in
> Jammu and Kashmir in 1992, and the Jammu and Kashmir Public Safety Act
> of 1978. We reiterate the urgent need for the revocation of the Armed
> Forces Special Powers Act, 1958, the Disturbed Areas Act, 1976, the
> Unlawful Activities (Prevention) Act, 1967, and the Jammu and Kashmir
> Public Safety Act of 1978. We also note that continued criminal
> proceedings using the Prevention of Terrorism Act, 2002, and the
> Terrorist and Disruptive Activities (Prevention) Act, 1985, 1987, must
> be stopped.
>
> While the safety and security of citizens must remain of paramount
> concern, we ask that you remain vigilant to the problematic parameters
> and consequences of certain national security laws used to proscribe
> political dissent and deny freedom of expression, freedom of speech,
> and freedom of assembly, and deny the democratic right to peaceful
> mobilization and dissent. We note that certain national security laws,
> in the name of retributive justice, have been/may be used to
> perpetrate state violence, subvert due process of law, undermine civil
> liberties, and freedom of the press, eroding rule of law, permitting
> torture and sexualized violence on those in state custody,
> criminalizing innocent persons, and, in effect, undermining the safety
> and security of citizens.
>
> 14. Commissions of Inquiry: We ask that the reports and/or findings of
> various Commissions of Inquiry that have been instituted to inquire
> into instances of gross violations of human rights, law, and social
> justice be made public and that these commissions be ordered to
> complete their charge. Further, from available information, we
> register our concern that between 2000-2007 only three statutory
> inquiries have been commissioned and that other inquiries instituted
> have been magisterial and administrative probes. We ask that, based on
> ethical assessments of gross violations of human rights, law, and
> social justice, relevant statutory inquiries be ordered, as
> appropriate, to investigate these crimes. We ask that various
> agencies, including military and paramilitary institutions, be
> required to cooperate with instituted commissions in order that they
> may carry out their investigations. We ask that the recommendations of
> the commissions be enacted.
>
> 15. Minorities: We note that peace and reconciliation requires
> commitment to minority rights and issues, and the ethical and
> transparent resolution of injustices. We ask that an audit be
> conducted to ascertain the status of minorities in Kashmir, and
> related to the displacement, dislocation, and rehabilitation of
> minorities in Jammu and Kashmir, to propose mechanisms for reparation
> and reconciliation.
>
> 16. Truth and Reconciliation Commission: We note your public
> commitment to instituting a 'Truth and Reconciliation Commission
> (TRC)'. We are hopeful that you will appreciate that such a process
> must facilitate the implementation of justice as a precondition to
> reconciliation. We further note that the viability and success of a
> TRC is only possible in a context where demilitarization has taken
> place, enabling a social context in which the will and freedom of the
> people of Kashmir can be exercised.
>
> 17. In conclusion, we write you today mindful of how the conditions
> for peace and prosperity are linked to the possibility and necessity
> of justice in Kashmir. We understand the work of the International
> People's Tribunal for Human Rights and Justice in Kashmir as enabling
> the work of justice. Toward that, we hope and expect that the Tribunal
> will continue to undertake its work in conditions that are not
> impeded.
>
>
> Yours Sincerely,
>
> Angana Chatterji, Parvez Imroz, Gautam Navlakha, Zahir-Ud-Din, Mihir
> Desai, Khurram Parvez
>
>
> Contact:
> Khurram Parvez
> E-mail: kparvez at kashmirprocess.org
> T: +91-194-2482820
> M: +91-9419013553
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