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India should investigate all allegations of enforced disappearances in Jammu and Kashmir following reports of mass graves
(India, April 4, 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.1 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 longestablished
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.
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