Human Rights Desk (HRD) was established by KIIR as sister organization to monitor and document the violation of civil liberties and fundamental democratic and human rights in Kashmir. HRD keeps an eye on human rights situation in Kashmir. Main focus is the recognition of the unheard voices.

Over the years HRD has successfully built a liaison with human rights organizations around the globe. HRD collaborated with World Muslim Congress (WMC), International Human Rights Association of American Minorities (IHRAAM) and International Islamic Federation of Student Organizations (IIFSO) with ECOSOC status.
HRD focus on the following agenda items.

• Torture
• Custodial Killings
• Arbitrary Detention
• Enforced and Involuntary Disappearances
• Violence against women
• Human Rights and terrorism
• Violence against Children
• Human Rights Defenders
• Freedom of Expression

HRD is active on several fronts. Delegates of HRD attend United Nations Human Rights Council Commission and Sub-Commission sessions in Geneva.

HRD delegations to UN,

• Shah Ghulam Qadir Chairman KIIR attended the 61st session of UN Human Rights Commission in Geneva in March 2005.
• Shah Ghulam Qadir and Sardar Amjad Yousaf attended the 57th session of UN Human Rights Sub-commission from July 25 to August 12 2005.
• Sardar Amjad Yousaf, Executive Director KIIR, attended the 2nd session of Human Rights Council in Geneva from 18 September to 5 October.
• HRD delegates attended 4th session of the United Nations Human Rights Council from March 19th to 30th 2007.
  
  Sardar Amjad Yousaf
  Executive Director KIIR
  
  Ms. Uzera Shah
  Director Human Rights Desk
  
  Ms. Attia Anwar Zoon
  Ms. Tahira Jabeen Khan

The delegates in their meetings with various Country Representatives, Special Rapporteur and NGOs highlighted Human Rights situation in Kashmir. The delegates made interventions on the following agenda items:

• Human Rights Defenders
• Minorities
• Enforced and Involuntary Disappearances
• Arbitrary Detention, Summary Execution and Torture
• Violence against Children
• Violence against Women    

The HRD delegates attended following parallel meetings during Human Rights Council session

NGO Orientation Session on the 4th Session of the Human Rights Council organized by OHCHR

UN World Programme for Human Rights Education and the Right to Education

General briefing with the Representative of the Secretary General on the Human Rights of Internally Displaced Persons (IDPs)

Internal Displacement: Humanitarian and Human Rights concerns in Asia Organized by International Movement against all forms of discrimination

Women and war in Africa—experiences, responses and implementation of UNSCR 1325 Organized by Femmes Africa Solidarite
Integrating human rights of women into the Human Rights Council Organized by Int'l Women's Rights Action Watch

Seminar attended on the topic of peace in the 'Seven Sisters' (South Asia)

Towards a confederation of peoples in South-Asia' organized by Interfaith International (Co-sponsored by International Federation for the protection of the rights of ethnic, religious, linguistic and other minorities)

Open discussion with Ms. Asma Jahangir. UN Special Rapporteur on Freedom of Religion or Belief'' organized by Franciscans International

Seminar on the topic of 'Human Rights in Crossfire' organized by International Human Rights Association of American Minorities (IHRAAM). Chairman KIIR was among the lead speakers of the seminar and delivered a keynote speech.

Details of the meetings held inside United Nations by the delegates are as follows:

Mr. Nurul Qoiriah
Program Coordinator, Asian Migrant Centre

Mr. Sebastian Gillioz
UN Advocacy Coordinator
Human Rights Watch

Mr. Babloo Loitongbam
Executive Director
Human Rights Alert

Ms. Madhu Mehra
Executive Director
Partners for Law in development

Mr. Ciaran o Maolain
Head of Legal Services Policy & Research Northern Ireland HRC

Mr. Amy Barrow
Representative WILPF

Ms. Hanan Sharfield
Representative, Int'l Organisation for the Elimination of All Forms of Racial Discrimination (EAFORD)

Mr. Steven Goldstein
Consul Honorary, De St. Kitts Et Newis

Ms. Chitra Radhakrishnan
Economic Affairs Officer, Dispute Settlement Programme (UNCTAD)

Ms. Marrianne Mollmann
Advocacy Director, Human Rights Watch

Dr. Aaron Rhodes
Executive Director, International Helsinki Federation for Human Rights

Caputo Grace
General Manager, VIDES Representatives Media

Jessica L.Bavnes
Freedom House

Ms. Fahimeh Dorri
Organization For Defending Victim of Violence

Ms.Lois A.Herman
Co-ordinator, Women's United Nations Report network

Ms.Mary Jane N.Rael
Co-ordinator, Int'l Compaign on women humna rights defenders.



Meeting with Special Rapporteurs

Mr. Philip Alston
Special Rapporteur of the Commission on HR on extra judicial, summary or arbitrary executions

Mr. Ben Mudho
Special Rapporteur of the Commission on HR on Independent Export, Economic Reorm& Foreign Debt

Gay Mc Dougall.
Independent Expert on Minority Issues of the United Nations.

Prof.Yakin ERTURK
Special Rapporteur of Violence against Women.

Ms Leila Zerrougui
Sp. Rapporteur on Torture

Mr. Piaheiro
Special Rapporteur on violence against Children

Members of the delegation held meetings with different well-reputed and renowned NGOs outside United Nations.

Geneva Call- is an international humanitarian organization dedicated to engaging armed non-state actors (NSAs) to respect and to adhere to humanitarian norms starting with the ban on anti-personnel (AP) mines GC is committed to the universal application of the principles of neutrality, impartiality and independence.


Mr. Shah Ghulam Qadir and Mr. Amjad Yousaf met Ms Elisabeth Reusse-Decrey Geneva Call’s president on 30-03-07. She proposed a broad based discourse during next session with Geneva Call and other relevant organizations like OMCT, APT etc to find the possible ways to work in IHK.

World Organization Against Torture (OMCT) is today the main coalition of international Non-governmental Organizations (NGOs) nowadays fighting against torture, summary executions, enforced disappearances and all other cruel, inhuman or degrading treatment. Mr. Shah Ghulam Qadir and Mr. Amjad Yousaf held a meeting with Anne-Laurence Lacroix, Deputy Director of OMCT at her office on 29-03-07.

They discussed about the human rights situation in IHK. Ms. Anne-Laurence briefed about OMCT rule, which is umbrella organization of more than 300 organizations worldwide working against torture. She invited KIIR to become a member of OMCT. Vis-à-vis discussed the possibility of specialized internship of two human rights defender.

Center for Applied Studies in International Negotiations (CASIN) Mr. Shah Ghulam Qadir, Mr. Amjad Yousaf and Mr Faiz Naqashbandi met Mr. Jean F. Freymond, Director of CASIN in his office. He was briefed about Kashmir Imbroglio in general and the progress in ongoing composite dialogue in particular. As he is one of the Directors of IMTD, Washington he was already well aware about the KIIR activities.

They requested Mr. Jean to explore the possibilities of their role in the resolution of the Kashmir conflict. He briefed about the Balkans initiative and asked to formulate a mechanism for him and Swiss role in resolving the Kashmir conflict. KIIR is in process of developing recommendations for discussion with CASIN.

Association for the Prevention of Torture (APT) is an international NGO, which envisions a world in which no one is subject to torture or other cruel, inhuman, or degrading treatment or punishment. Mr. Amjad Yousaf and Ms. Uzera Shah met with Philippe Trembley, who is Asia Pacific Programme Officer. They discussed the situation of human rights in Kashmir and KIIR's on mechanism. Discussed the possibility of working relationship, proposed an idea of inviting people from Indian held Kashmir and Azad Kashmir in third country e.g. Maldives for training also the possibility of KIIR representative's internships. He asked for a proposal to be forwarded by KIIR for this training project.

26th June  International Day in the Support of Victums of Torture

This is a day on which we pay our respects to those who have endured the unimaginable. This is an occasion for the world to speak up against the unspeakable. It is long overdue that a day be dedicated to remembering and supporting the many victims and survivors of torture around the world."

Draconian Laws
(Enforced in Indian Occupied Kashmir)

The Indian troops deployed in Indian Occupied Kashmir operate under a host of draconian laws, specific to Kashmir, which have made these forces take on the role of an occupying army. They have been given a free hand to play havoc with the life, honor and property of the hapless Kashmiris. These black laws described below, enabling the readers to have an idea of their inhuman dimensions.

Jammu & Kashmir Public Safety Act, 1978

The Act promulgate in 1978 (amended in 1987 and 1990) empowers the State government to detain a person without trial for two years under the pretext of maintenance of public order. The Act fell short of the recognized norms of justice, such as equality before law, the right of the accused of appearance before a Magistrate within 24 hours of arrest, fair trial in public, access to counsel, cross examination of the witnesses, appeal against conviction, protection from being tried under retrospective application of law, etc. even the provision of the Act, though already unsatisfactory, have been consistently violated. The detainees are not informed of the reasons of their arrests and they are kept in custody for a much longer period of time than stipulated in the Act. They are not allowed to meet their relatives and councels. The amendment of 1990 extended its operation beyond the state, enabling the State machinery to keep the detainees in the jails of India, outside the state. Under Section 22 of the Act, any legal proceeding against officials for acts ‘done in good faith’ is also disallowed.

The law has been widely used against the innocent Kashmiris as well as political opponents. Thousands of people have over the years detained under the Act.

Jammu & Kashmir Disturbed Areas Act, 1990
Under the Act, the Central Government or the Governor can declare the whole or part of the state disturbed area. The whole valley of Kashmir and two districts of Jammu have since been declared disturbed areas. An official of the level of Head Constable is allowed to use force or shoot (and kill) under the pretext of maintaining the public order. The Act gives the police extraordinary powers of arrest and detention. It provided a cover to the state machinery for indiscriminate and unprovoked firing at peaceful and unarmed demonstrations, extra judicial killings and destroying the property of Kashmiris on suspicion. Moreover, section 6 gives legal immunity to persons acting under this Act; no suit or prosecution can be instituted, expect with the previous sanction of the government against any persons in respect of anything done or purported to be done in exercise of the power conferred by the Act.

Terrorist And Disruptive Activities Act (TADA) 1990
The Act enforced in 1985 (amended in 1987) gives security forces and armed forces special powers for use of force, especially the amendment of 1987 made it tougher. It was widely used for unauthorized administrative detention without formal charges or trial for up to one year. Under the Act, involvement in or preparation for disruptive activities attracts sever punishment up to life imprisonment. Arrest can be made even on suspicion of committing ‘disruptive activities’, broadly defined as ‘any action taken, whether by act, by speech or through any other media… which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India, or which is intended to bring about or support any claim…for the cession of any part of India from the union…’

Since the law gives Special Forces in the use of force, arrest and detention, it was extensively used in the occupied Kashmir. Even after lapse of the Act in 1995, the cases are filed under this Act, which provides that it may be applied to preceding trails in various courts and to persons, who may be tried in connection with the offences alleged to have been committed prior to 1995. The regime of the occupied Kashmir acknowledged that it held 772 persons under the TADA. Still many more are in Indian jails, outside the state.

This law also failed to meet the international standard of fundamental principles of justice, which requires that the detainees should have a fair and prompt trial and they should be informed of the reasons of arrest. Their defense counsel is not permitted to see witnesses for the prosecution, who are kept behind screen while testifying in court. Besides, confessions extracted under duress are permitted as evidence.

Armed Forces (Jammu & Kashmir) Special Powers Act, 1990
The Armed Forces (Jammu & Kashmir) Special Powers Ordinance, introduced in July 1990, was later enacted by the parliament of India and enforced on 10th September 1990. When certain areas are declared to be ‘disturbed’, the army and paramilitary forces are granted sweeping powers under Section 4 (C) of this Act.

The armed forces can be used in aid of civil authorities and even a non commissioned officer can search any place, stop\seize any vehicle, fire at any person (and kill), or arrest him even on the basis of suspicion with no obligation to inform him of the grounds thereof. It gives the Indian security forces sweeping powers, facilitating arbitrary arrests, detention and extra judicial executions as well as destruction of property.

The provisions of the black law are further violated in the occupied Kashmir by the security forces. Under the law, as arrested person is to be handed over to the nearest police station. But it is seldom done. Besides, the armed forces personnel are supposed to act as and when requested by the civilians’ authorities. In other words, the former should work under the direction of the latter. However, factually the security forces are inflicting atrocities on the Kashmiris without informing the civil administration. The state government has proved ineffective in controlling the Indian security forces, which have unleashed a reign of terror in occupied territory. The act legitimizes barbarism in the state, as under Section 7, the security forces are given immunity from prosecution for any act committed by them.

Prevention Of Terrorism ACT (POTA), 2002
The Prevention of Terrorism Ordinance (POTA), promulgated on 25th October, 2001 was initially rejected by the Upper House, when presented for enactment. However, it was passed at the joint session of the Indian Parliament on March 26, 2002. Though the law was for the whole country, its main focus was occupied Kashmir.

POTA equipped the Indian forces with extra ordinary powers. Under the law, any act committed with a lethal weapon was termed terrorist act. The offences included even inviting support for an alleged ‘terrorist organization’, addressing a gathering of sympathizers (of a terrorist organization) and arranging, helping or assisting to arrange a meeting in which support for any ‘terrorist organization’ or its activities is expressed. The properties of the alleged terrorists, terrorist organizations and their sympathies would be seized. He suspects could be detained for 3 months without framing charges against them and for another 3 months, if allowed by a special Judge.

The Government officials admitted that excesses had regularly been committed. A long list of illegal arrests and unlawful killings has been documented by the human rights organizations. This black law was used mainly in occupied Kashmir. Ninety Nine point nine percent arrested under this Act were Muslims. Owing to strong protests and condemnation by the world leaders and organizations, the Act has now been withdrawn.

Unlawful Activities (Prevention) Amendment Ordinance 2004
The Ordinance was passed by the Indian President in 2004 and was implemented forthwith. It has since been promulgated as an Act. It again provides extraordinary powers to the armed forces and other law enforcement agencies, similar to those previously provided by the POTA.

In addition to the above-mentioned measures, other Indian laws as mentioned below are also applied in occupied Kashmir.

Besides, all the police stations in Srinagar district have been declared interrogation centres by BSF. But in reality, these are the real torturing camps busy in carrying out extremely hostile brutalities against innocent Kashmiris. Baramulla District has
eight regular torture centres in addition to all the police stations. The interrogation centers of Baramullah District includes

1. Pattan Army camp,
2. Doobgah CRPF camp,
3. Wadoora College Sopore BSF camp,
4. Government Degree College Sopore BSF camp,
5. Sundarwani Bandipora BSF camp,
6. Dawar Gurez BSF camp,
7. Gulmerg (Baba Reshi) Army camp
8. Singhpora Baramulla camp & all police stations of Baramulla District.

Pulwama District also has seven torture centres which are

1. Kakapora CRPF camp,
2. Balevgund Army camp,
3. Shopian BSF camp,
4. Police Lines Pulwama,
5. Boonarta Army camp,
6. Awantipora Army camp
7. Tral Army camp.

All police stations have also been declared so-called interrogation centres. In Kupwara District there are seven interrogation centres. These are

1. Zangli (Kalimitti) BSF camp,
2. Trehgam Army camp,
3. Karnah Army camp rest house,
4. District Police Lines Kupwara,
5. Battargam BSF camp,
6. Chowkibal Army camp
7. Drugmulla Army camp in addition to all police stations.

Some resent cases of torture;

Name of Victim: Shoukat Ali
Place of incident: Chaprian near Jawahar Nagar, Jammu and Kashmir
Date of Incident: Feb 14 –2007
Agency Involved: Rajouri State Police
Source: Local news Paper

Testimony: Shoukat Ali was picked up by a team of Rajouri police station from his house around 8.30 pm for questioning in connection with a theft in the house of Mohd. Aslam of the same village. Shoukat was tortured by the police in custody and
brought to District Hospital, Rajouri at 11.30 pm where he was declared dead.`



Name of Victim: Irshad Ahmed
Place of incident: Gurgaon Delhi, India
Date of Incident: October9-2006
Agency Involved: Delhi Police
Source: Local news Paper

Testimony: September 21: Irshad went to Gurgaon for a job interview at Maruti Udyog Limited the largest car manufacturer of India. He was appointed in sales department but some days later “asked to leave when they found he was a Kashmiri. Irshad’s family found him at Sushrutra Trauma Centre, Delhi. Irshad was living in a rented room in Kabristan Wali Masjid Mohalla in Gurgaon. Tariq the elder brother of Irshad and cousin Amir arrive in Gurgaon and find Irshad missing from the rented quarter. The residents of Kabristan Wali Masjid Mohalla informed Tariq that Irshad was missing for the past two days. A caller identifying himself as Ramji Lal the Assistant Sub-Inspector of Delhi Police calls Irshad’s home at Chanpora. Informs his family that Irshad is admitted at Sushrutra Trauma Centre near Inter State Bus Terminal-Kashmiri Gate, Delhi. Irshad’s family found him in his last throes. He was found naked on the bed and had torture marks all over his body.



Name of Victim: Hilal Ahmed Dar-16 (Student of 10th class)
Place of incident: Budgam, Jammu and Kashmir
Date of Incident: June18, 2007
Agency Involved: Indian Troops
Source: Local news Paper

Testimony: A 10th class student, Hilal ahmed Dar who disappeared mysteriously was killed by Indian troops and handed over to Police station Budgam. On June 19 morning, when a group of people reached police station Budgam demanding the body of Hilal, police refused to hand it over to them, prompting strong protests from the people.It was on the intervention of senior civil officers that police handed over the body of Hilal to the people.He was tortured to death in custody



Name of Victim: Salam Din, Muhammad Akram & Mama Din Gujjar
Date of incident: May 11,2006
Place of incident: Khudi Lolab, Kupwara, Jammu and Kashmir
Agency involved: Indian Army 19-Rashtriya Rifles (RR)
Source: Local newspapers/ news agencies

Testimony: The personnel of 19-Rashtriya Rifles tortured three civilians aged 60,55 and 70 in lolab at Khudi in Kupwara district. Later on, they were admitted in surgical ward of SD hospital Kupwara. They had torture marks on their bodies.



Name of the victim: Maryam, Sakina & Yaman
Date of incident: May 13,2006
Place of incident: Taxi village in Turtuk in Leh, Jammu and Kashmir
Agency involved: personnel of Indian Army Sikh Regiment
Source: Local newspaper/news agencies

Testimony: Indian troops of Sikh Regiment severely beat up the passengers of a bus at Taxi village of Turtuk in Leh including three women Maryam, Sakina and Yaman.All the three had tortured marks on face & body.



Name of the victim: Abdul Ahad (Imam of a mosque), Muzaffar Butt, (32) Tariq Ahmad Dar
Date of incident: August 03,2006
Place of incident: Sakipora in Baramulla, Jammu and Kashmir
Agency involved: Indian Army 22- Rashtriya Rifles
Source: Local newspaper/news agencies

Testimony: The troops of 22 Rashtriya Rilfes brutally beat up the Imam of a mosque, Abdul Ahad alongwith a shopkeeper Muzaffar Butt and a student Tariq Ahmad at Sakipora in Baramulla district. The beating of imam and other civilians triggered
protest demonstrations against Indian state terrorism.



Name of the victim: Farooq Ahmad Wani
Date of incident: August 13,2006
Place of incident: Doda, Jammu and Kashmir
Agency involved: Indian Army 10-Rashtriya Rifles (RR)
Source: Local newspaper/news agencies

Testimony: The troops of 10-Rashtriya Rifles arrested Farooq Ahmad Wani son of
Mohammad Anwar wani and was taken to the army camp where he was subjected to
severe torture, the victim was given electric shocks, which has damaged his private parts.

Name of the victim: 60 detainees injured
Date of incident: December 17,2006
Place of incident: Kot Bhalwal jail Jammu
Agency involved: Indian paramilitary forces
Source: Local newspaper/news agencies

Testimony: Nearly 60 detainees were injured by Indian troop at high security Kot Bhalwal jail on the outskirts of Jammu. Nearly 2000 paramilitary forces and police personnel, who deployed in the prison complex, baton-charged the inmates and
teargas shells were fired inside the prison, which of late has become more of a ring (Akhara) than a jail. Several critically injured detainees including Ghulam Hassan Qamar son of Ghulam Ahmad of Shah Nagri Kupwara, Abdul Aziz Dar alias General
Mussa of Srinagar, Tufial Ahmad, resident of Baramulla and Qamar Din and Omar Din were hospitalized in Government Medical College (GMC) Hospital in Jammu.


Arbitrary Detention and Extra judicial Killings in Indian

Held Kashmir
Human rights organizations reported in 2006 that Indian Government forces continued arbitrary and unlawful deprivation of life of those in their custody. Police and prison officers also committed extra judicial killings of detainees by staging fake
encounter. The Jammu and Kashmir Human Rights Commission reported that it had received 1,867 complaints of human rights violations since 2002.

Accountability remains a serious problem. Despite the Indian Prime Minister’s claim that there would be ‘zero tolerance’ for human rights violations, Indian troops continued to be responsible for arbitrary detention, torture and extra judicial
executions.


Impunity
For years, legal impunity has led to a vicious circle of escalating violence. Laws such as the Public Safety Act (Jammu and Kashmir), the Armed Forces Special Powers Act and the Disturbed Area Act have spawned abuses in various parts of the Kashmir.

The Armed Forces Special Powers Act provides search and arrest powers without warrants and the Disturbed Areas Act gives police extraordinary powers of arrest and detention. Additionally, Section 197 of the Criminal Code of Procedure provides
security forces virtual immunity for crimes committed in the course of duty.

A committee headed by Indian Supreme Court Justice Reevan Reddy recommended that the Armed Forces Special Powers Act be scrapped because it is “too sketchy, too bald and quite inadequate in several particulars.” However, the act is still in
force.


Security Legislation
Two years after the repeal of the Prevention of Terrorism Act (POTA), cases of all those under the Act had not been fully reviewed within the stipulated period. Moreover, human rights organizations continued to express concern over amendments
made to the Unlawful Activities (Prevention Act), which granted special powers to the state, similar to those previously provided by the POTA.

The following are the few recent cases of arbitrary detention and summary execution:


Name of Victim: Yasmeena
Dated of Incident: 7-05-2006
Place of incident: Rakh Highgam Pattan, Jammu and Kashmir
Agency Involved: Indian Armed forces
Source: Local News Agency

Testimony: Indian Forces Personals kidnapped Yasmeena D/o Muhammad Shafi Ganie of Village Hamray Highgam Pattan from her home a week before her dead body was found at Rakh Highgam Pattan, she was a pro-liberation lady.



Name of Victim: Muhammad Rafiq Khan
Dated of Incident: 8-05-2006
Place of incident: Sakhimadan,Mandher,District Poonch,Jammu and Kashmir
Agency Involved: 9 Madras Regiment, Indian Army
Source: Local News Agency

Testimony: The troopers of 9 Madras Regiment arrested 60-year-old rtd. CRPF soldier on April 25, 2006, since then he was missing and his whereabouts were unknown. His dead body was recovered in near by Jungle on8th of May 2006,



Name of Victim: Mushtaq Ahmad Bhat Dated of Incident: 17-05-2006
Place of incident: Shikargah Traal, Jammu and Kashmir
Agency Involved: Indian Army
Source: Local News Agency

Testimony: Indian army killed father of two kids Mushtaq Ahmad Quil, shikargah Traal who was arrested from Batmaloo and was killed in custody. Dead body was recovered from the debris of the house, which was destroyed by the Indian troops
by motor shelling in the area.



Name of Victims: Muhammad Ayoub Bhat, Mudassir Ahmad Rather
Dated of Incident: 18-05-2006
Place of incident: Gujrat India
Agency Involved: Gujrat Indian Police
Source: CNS (news agency)

Testimony: Gujrat Police arrested two youth namely Muhammad Ayoub Bhat and Mudassir Ahmad Rather and killed them in custody. Police claimed that they were militants and were killed in encounter but IG Kashmir Police K. Rajindar Kumar said
that the two youth killed by the Gujrat Police had no records of their involvement in militancy.



Name of Victim: Javaid Ahmed Mir
Place of incident: Pampore, Srinagar, Jammu and Kashmir
Date of Incident: June20-2006
Agency Involved: Indian Troops
Source: Local news Paper

Testimony: Javaid Ahmad Mir was picked up from Dalgate area of city and killed in fake encounter by the troops in Pampore about 12 km away from Srinagar.



Name of Victim: Manzoor Ahmed Mir
Dated of Incident: 6-07-2006
Place of incident: Delhina Baramullah, Jammu and Kashmir
Agency Involved: 22 Rashtriya Rifles, Indian Army
Source: Local News Agency
Testimony: Two human shelters were recovered during construction work at Delhina in Baramullah District. One was identified as Manzoor Ahmed Mir according to his wife Manzoor was arrested by Indian Army three years ago and has been killed in custody.




Name of Victim: Fayaz Ahmad Rather
Dated of Incident: 01-08-2006
Place of incident: Ajas Safa pora, Jammu and Kashmir
Agency Involved: 13 Rashtriya Rifles, Indian Army
Source: Local News Agency
Testimony: The troops of 13 RR picked up 28-year-old youth from his house and later tortured to death in custody. His dead body was thrown in fields.

Name of Victim: Zahir Ahmed Sofi
Place of incident: Brar Village of Bandipura Srinagar, Jammu and Kashmir
Date of Incident: September 4-2006
Agency Involved: Special Operation Group (SOG), Indian Army stationed at Aloosa
Source: Local news Paper

Testimony: Zahir Ahmad Sofi, who worked as a peon in a private college, was arrested on 4th September and was killed in custody. The SSP Baramulla said that the youth was arrested by the SOG on September 4, and died at 7 am on the next
day in the camp.



Name of Victim: Mushataq Ahmed Zargar Muhammad Rashid
Place of incident: Poonch, Jammu and Kashmir
Date of Incident: September7-2006
Agency Involved: Indian Army 82 BN Border Security Force
Source: Local news Paper

Testimony: On 7th September, the 82 BN BSF claimed that they have eliminated two militants Mushtaq Ahmed Zargar & Muhammad Rashid in an encounter near village Akhal Rajpora in Pulwama. Abdur Rashid Zargar, the uncle of Mushtaq Ahmad
Zargar had filed compliant against Deputy Commandant of 22 Corps and had written letters to the Prime Minister, President of India and Chief Justice, saying the commander was threatening them. Mushtaq had to appear before the court on August 22 but on the same day he was taken into custody by Daraba camp and killed.




Name of Victim: Ishtiaq Ali
Place of incident: Varmul, Bandipura, Jammu and Kashmir
Date of Incident: 28 September-2006
Agency Involved: Indian Border Security Forces (BSF)
Source: Local news Paper

Testimoney: Ishtiaq Ali son of Ali Muhammad of Mahrajgund, UP was arrested by the troopers of BSF’s 51 battalion from Naberpora near Bandipora town while he was selling food at the road side. The shopkeepers who “have often seen him selling
roasted Channa” said they lifted him in front of me in a Gypsy vehicle when he was coming back to work after lunch on September 9. Next day his tortured & bullet riddled body found in the new bus stand.

Name of Victim: Muhammad Maqbool Dar-19
Place of incident: Pakarpora Badgam, Jammu and Kashmir
Date of Incident: October20-2006
Agency Involved: 53 Rashtriya Rifles, Indian Army
Source: Local news Paper

Testimony: A 19-year-old labourer Muhammad Maqbool Dar on Friday 20th October night killed by the soldiers of 53 Rashtriya Rifles of Army at Pakharpora. The troops had picked up the youth from his home at Mohanpur village in evening and then
tortured him at 53 RR camp at Kanidagan and finally killed.




Name of Victim: Muhammad Ashraf Lone
Place of incident: Sopore town, Jammu and Kashmir
Date of Incident: Oct.26-2006
Agency Involved: Special Operation Group, Indian Army
Source: Local news Paper

Testimony: the cops of Special Operation Group Kupwara and troops of 6 Rashtriya Rifles killed Mohammad Ashraf Lone on 22 October in Sopore town. Ashraf was a poor man and was working as a driver with a political Leader.




Name of Victim: Muhammad Maqbool Dar
Dated of Incident: 21-10-2006
Place of incident: Pakharpora Budgam, Jammu and Kashmir
Agency Involved: 55 Rashtriya Rifles, Indian Army
Source: Local News Agency

Testimony: 20-year-old Muhammad Maqbool Dar S/o Muhammad Ramzan Dar was picked up 55 RR in a Raid at his home in Phakarpoara. The next day troops retuned his dead body to his family. He was brutally killed in custody.




Name of Victim: Ghulam Muhamad,Riaz Ahmed
Place of incident: Fiksu Village, Kishtwar, Jammu and Kashmir
Date of Incident: Nov.4-2006
Agency Involved: Special operation Group (SOG), Indian Army
Source: Local news Paper

Testimony: The SOG personnel on Nov 5, morning asked the villagers to bury the bodies of the slain youth. The SOG men took along with them two villagers and asked them to bury the two youth. But they found two identity cards from the clothes of the deceased youth. According to the I-Cards they were Ghulam Muhammad, & Reyaz Ahmad Gujri of Kralpura, Kashmir. The duo had torture marks.

Name of Victim: Mukand Lal
Place of incident: Paddar Kishtwar, Jammu and Kashmir
Date of Incident: Dec.4-2006
Agency Involved: Paddar Kishtwar Police
Source: Local news Paper
Testimony: In pursuance to a warrant issued by the court of Judicial Magistrate First Class Kishtwar, the deceased Mukand Lal was handed over to a police. However, He died under mysterious circumstances at sub-district hospital. Nek Ram of Paddar
was the eyewitness.



Name of Victim: Muhammad Yaqoob Mir - 21 years old
Place of incident: Nowpora Srinagar, Jammu and Kashmir
Date of Incident: January25-2007
Agency Involved: 55 Rashtriya Rifles, Indian Army
Source: Local News Paper

Testimony: Muhammad Yaqoob Mir, 25, son of Abdul Aziz Mir of Abi-Nowpora, Dalgate, killed by troops in a fake encounter. The police registered a missing report and a message was flashed across all police stations and other agencies. In the meantime, Yaqoob’s family published his photograph in local newspapers. Finally, the family received a phone call from Pattan Police Station on Thursday, asking them to identify a body brought by Army’s 55 Rashtriya Rifles. His body had bullet marks& tortured.



Name of Victim: Abdur Rahman Padder, 35 Place of incident Larnoo, Kokernag, Jammu and Kashmir
Date of Incident: 28th January 2007
Agency Involved: Special operation Group, Indian Army
Source: Local News Paper

Testimony: Abdur Rahman Padder, 35, son of Ghulam Rasool Padder of Larnoo,
Kokernag, went missing from Batamaloo bus stand here on December 8. Sources
said he was taken to Waskar Ganderbal on28th January 2007 in the night and killed
in a fake encounter by the cops of Special Operations Group (SOG) of Police from
Ganderbal and Sumbal. His face was mutilated with bullets and burnt.

Name of Victim: Muhammad Afzal Kumhar, 38
Place of incident: Argam, Tral, Anantnag, Jammu and Kashmir
Date of Incident: Feb 8- 2007 at 8:37 pm
Agency Involved: 42-Rashtriya Rifles, Indian Army
Source: Mr.Waheed Ahmed an eye witness

Testimony: Muhammad Afzal Kumhar, an employee of the Hotel Centaur, Srinager, was in the local mosque when suddenly troops cordoned off the area. Afzal’s neighbor Waheed Ahmad saw the soldiers entered the mosque and dragged him out. They
placed him against the wall of the mosque and opened fire on him. They killed him before his Mother’s eyes.



Name of Victim: Tarseem Lal-18
Place of incident: Phalan Mandal, Jammu and Kashmir
Date of Incident: February17-2007
Agency Involved: Mukwal Jammu State Police
Source: Local news Paper

Testimony: Police picked up 18-year-old Tarseem Lal, on Feb 17 at 8 AM at Phalan Mandal on the outskirts of Jammu city and two hours after police shifted him to hospital where doctors declared him “brought dead. He was tortured to death in custody.



Name of Victim: Names not ascertained Place of incident: Nowgam, Jammu and Kashmir
Date of Incident: June15-2007
Agency Involved: Special Task Force, Indian Army
Source: Local news Paper

Testimony: The STF brought two persons in a white Gypsy (Jeep) and staged a fake encounter killing the duo on the spot. The villagers said that around 3:30 am on June 14th STF personnel entered their village along with two persons and took them in an orchard where both of them were killed. According to the villagers who buried the two slain men. Their faces were mutilated beyond recognition after the encounter. The complexion and cloths were enough proof to identify them. They were locals.

Name of Victim: Irfan Ahmed Ghani, Fayaz Ahmed Khan & Javed Ahmed Bhat
Place of incident: Bandipora, Jammu and Kashmir
Date of Incident: June24-2007
Agency Involved: Indian Army
Source: Local news Paper

Testimony: Army’s claim of killing three infiltrators in Uri sector on June 24 has been contradicted by the family members of one of the slain youth. They alleged that the trio were unarmed and were arrested by army and subsequently killed in custody. These youth hailed from the area of Bandipora.



Name of Victim: Mubarik Hussian
Place of incident: Thanda Pani, Jammu and Kashmir
Date of Incident: July1-2006
Agency Involved: Thanda Pani Jammu Police
Source: Local news Paper

Testimony: Mubarik Hussain was killed in detention. He was in custody of police at Bassa Morh near Tikri and tortured to death in fake encounter. His family members said that the deceased had multiple fractures on legs and arms, which indicated that
he was tortured and then shot dead from close range. Hundreds of Thanda Pani Residents including deceased Mubarak Hussain’s relatives and family members staged demonstration at Reasi town.

Human Rights Watch recently reported: ‘

Everyone Lives in Fear: Patterns of Impunity in Jammu and Kashmir’, says Indian security forces have committed torture, “disappearances” and arbitrary detentions. They also continue to execute Kashmiris in fake“encounter killings,” claiming that these killings take place during armed clashes with militants.

“It’s absurd that the world’s largest democracy, with a well-developed legal system and internationally recognized judiciary, has laws on its books that prevent members of its security forces from being prosecuted for human rights abuses,” Brad Adams, Asia Directorat Human Rights Watch reported. “It’s time for the Indian government to repeal these laws and re-commit itself to justice for victims of all abuses, Since 1989, the armed secessionist struggle against Indian rule in Jammu and Kashmir has claimed more than 50,000 lives. Almost half-a-dozen people die every day in gun battles, shootings and occasional bomb blasts in the region. Protests also erupt regularly over alleged abuses by Indian troops.

Amnesty International in its report 2007 on India

while mentioning Human Rights situation in Jammu& Kashmir wrote that torture, deaths in custody, enfored disapperances including several extrajudicial executions continued to be reported. Some six deaths in custody, 38 enforced disapperances including several juveniles, and 22 extrajudicial killings were reported in 2006.

In April, the Central Bureau of Investigation (CBI) indicted five army officers for the extrajudicial killing of five villagers at Pathribal in March 2000. The officers were charged with fabricating evidence to support their claim that the men were foreign fighters killed in an “encounter” with security forces. The officers had earlier claimed that the men had killed 35 Sikhs at Chittisinghpora four days before the “encounter”. When local villagers protested in Brakpora that the five men were innocent villagers, the army opened fire, killing 10 protesters. An inquiry into the Pathribal incident stalled when it was found that DNA samples had been tampered with.

Human Rights & Shoot-to-kill in KASHMIR
Syed Faiz Naqshbandi
President
World Peace Forum
worldpeaceforum@hotmail.com

Human rights are the backbone of human dignity. The rule of law and respect for human rights as enshrined in the Universal
Declaration of human rights is the first priority of all Member States and a moral responsibility as well.

It is recognised that the right to life is the most fundamental and basic of human rights. Indeed, the right to life is the fountain
from which all other human rights spring, therefore it deserves the greatest respect.

With the end of the world wars and the beginning of the process of decolonization, the international Community laid the foundation for the promotion and protection of human rights by proclaiming the Universal Declaration of human Rights. Recognising the“inherent dignity and the equal and inalienable rights of all members of human family” the General Assembly of the United Nations enshrined the right to life in Article 3 of the Universal

Declaration stating:

Everyone has the right to life, liberty and security of person.

The right to self-determination is a fundamental principle of human rights law. The enjoyment of human rights depends on
the realization of the right to self-determination. Actually, human rights originate from the self-determination.

The right of self-determination is a fundamental principle in international law. It is embodied in the Charter of the United
Nations and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Rights. Common Article 1, paragraph 1 of these Covenants provides that:

All peoples have the rights of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

The right to self-determination is the cornerstone of the international world order and established human rights under the UN Charter. It is applicable to all peoples whose self-determination had been suppressed.

Undoubtedly there exist many countries which are signatory to UN Conventions, Universal Declaration of Human Rights and
other Covenants but are involved in systematic human rights violations. The human rights violations are massive in the areas
of conflict and in areas under foreign occupation.This situation results in massive migration and unrest, deprivation of education
and health care and some times in terrorist acts. Massive and systematic human rights violation are being carried out by the
State of India in Kashmir which is a UN recognised disputed territory.

Background of the Kashmir Issue

With the lapse of British rule in South Asia and emergence of Pakistan and India as two sovereign States, the Jammu and
Kashmir popularly known as Kashmir – a Princely State had an option to accede to one of the two dominions. But the Indian
Government intervened and fraudulently landed her troops in Srinagar on October 27, 1947 and illegally occupied the territory
of Jammu and Kashmir with sheer use of force. As the situation intensified, the question was brought to the UN Security Council
and the Security Council passed numerous resolutions. Amongst these, those of August 13,1948 and January 5,1949 provide the
basis and structure for the final disposition of the state of Jammu and Kashmir in accordance with the “will of the people” to be
expressed through a “fair and impartial plebiscite” conducted under the “auspices of the United Nations”. These resolutions
were agreed upon by India and Pakistan constituting as international agreements of building force. Besides, India has made numerous commitments to the world and to the UN Security Council to hold plebiscite for final disposition of the State of Jammu and Kashmir. On October 31, 1947, just four days after the forcible occupation, the Indian Prime Minister sent a telegram to the Prime Minister of Pakistan saying:

Our assurance that we shall withdraw our troops from Kashmir as soon as peace and order is restored and leave the decision regarding the future of the state is not merely a promise to your Government, but also to the Kashmir and to the world.

On 23rd February 1948, before the 239th meeting of the UN Security Council speaking through its representative Mr.Gopalaswami Ayyanger, India repeated its stand saying:

As the Security Council is aware, the Government of India is fully committed to the view that after peace is restored and all people belonging to the state have returned there, a free plebiscite should be taken and the people should decide whether they wish to remain with India, go over to Pakistan or to remain independent if they choose to do so.

From time to time, the Government of India repeated its aforementioned stand. But on other hand India was deploying huge forces in the Jammu and Kashmir to make her hold strong on Kashmir by military might. It has been accompanied with continued dodging the implementation of UN resolutions under a host of pretexts thereby perpetuating her unlawful occupation.
Finally, once India was sure that her military grip over Kashmir was strong enough, she started claiming Kashmir as her integral
part. The people of Jammu and Kashmir protested against the occupation of their land and demanded their promised right to
self-determination by all peaceful and rightful means, but the Kashmir people were subjected to the most brutal and violent
repression by the Government of India.

The Government of India has enacted a series of laws that are in violation of international humanitarian laws. These laws facilitate human right violations with complete protection against prosecution. As a result, human right violations has drastically
increased in Indian occupied Kashmir.

Some of these laws are;

1. The Jammu and Kashmir Public Safety Act (PSA).
2. The National Security Act 1980 (NSA)
3. The Armed Forces (Jammu and Kashmir) Special Powers Act.



1. The Jammu and Kashmir Public Safety Act (PSA).

Under Section 8 of the Jammu and Kashmir Public Safety Act, the Government has the power to detain any person purely on
the purported presumption that he may in future commit any act that will be harmful to the maintenance of public order or to the security of the State. The period of the detention, is twelve months in case of a person acting in any manner harmful to the maintenance of public order and two years in case of person acting in any manner prejudicial to the security of the State. The use of vague and ambiguous definitions used in this Act is contrary to the principles of security of the person as laid down in the Article 3 of the Universal Declaration of Human Rights and Article 9(1) of International Covenant on Civil and Political Rights, which says:

Everyone has the liberty and security of person. No one shall be subjected to arbitrary arrest, detention…

Under Section 13(1) of the Act, when a person is detained in pursuance of the detention order the Government shall communicate him the grounds of his detention, but the Act Stands amended. Now the duty to inform the detainee of the grounds for his detention does not require the authority to disclose facts, which it considers to be against the public interest to
disclose…Section 13(2). This provision is inconsistent with International Covenant on Civil and Political Rights Article 9(2),
which says:

Anyone who is arrested shall be informed at the time of the arrest of the reasons for his arrest and shall be promptly informed of any charge against him.

Persons detained under this Act were primarily kept in detention centers within the State of Jammu and Kashmir. This provision
was omitted and as a result, persons detained under this Act are now taken to various detention centers of India, thousands of
kilometers away. The Government has deliberately amended this provision with the objective to deprive the detainee of their right to defend and consult the lawyer of his choice. It is very expensive, time consuming and impossible for the old parents to see the detainees.

The suspension of the legal safeguards relating to arrest and detention facilitates torture. ICCPR prohibits torture and Article 4 of ICCPR lies down that no derogation from this article can be allowed under any circumstances, not even in times of emergency.

Under this Act, there is no provision for the victim to claim compensation for the unlawful arrest or detention. This is
inconsistent to Article 9(5) of the International Covenant on Civil and Political Rights which lays down:

Anyone who has been victim of unlawful arrest or detention shall have an enforceable right to compensation.

Section 22 of the Act provides protection against prosecution, suit or legal proceedings to all acting under this Act. This immunity
against prosecution has resulted in widespread torture and arbitrary arrest and detention.

2. The National Security Act 1980 (NSA)

The Act permits administrative detention of any person for a period of one year. Under section 8(2) of this Act, the authorities
are empowered not to disclose the grounds of detention to the detainee. This provision is in direct contravention of Article
14(3)(a) of the International Covenant on Civil and Political Rights (ICCPR), which says:

...3.In the determination of any criminal charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality.

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the
charge against him.

In considering India’s second periodic report in 1981, the members of the UN Human Rights Committee were of the opinion that the National Security Act (NSA) derogated the rights guaranteed under the Article 9 of the International Covenants on Civil and
Political Rights which states:

1. Every one has the right to liberty and security of person. No one shall be subjected to arbitrary arrested or detention. No one shall be deprived of his liberty....

The Human Rights Committee finally observed that the Act deprives the rights guaranteed under ICCPR.

3. The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

The Act under section 4 (a) authorizes the members are armed forces of India to “fire upon or otherwise use force even to causing of death against any person” without fire orders.

This has effectively revoked non- protection against deprivation of life. The International Covenant on Civil and Political Rights (ICCPR) expressly prohibits derogation from the right to life under any circumstances. Article 6 of the International Covenant
on Civil and Political Rights declares:

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrary deprived of his life.

Thus even during times of emergency or war, no one shall be deprived of his life.

The Act under Section 4 (d, e) empowers the armed forces to enter and search, without warrant, any premises at any time.
This virtually puts the Kashmiri communities at the mercy of the Indian militia.

The Act under the section 4 (c) it is the discretion of a Commissioned officer, Warrant officer, non-commissioned officer
or any other persons of equivalent rank in the armed forces to arrest, without warrant any person at any time. This has practically terrorized the entire Kashmiri population.

On the top of these, the Act provides protection to the members of armed forces against prosecution, suit or legal proceeding for their actions in respect of any thing done or purported to be done in exercise of the powers conferred by this Act. This has not only encouraged the occupations forces to blindly indulge in human rights abuses, but has also freed them from accountability for their misdemeanors.

As a result of these, human rights violations at the hands of Indian administration and forces have drastically increased in Indian occupied Kashmir.

Thousands of Kashmiri men, women and children have been tortured and killed. Millions of dollars worth property had been
destroyed. Thousands of Kashmiris have been arrested and taken to unknown interrogation centres and torture cells. United States, Department of State, Washington in “INDIA- COUNTRY REPORT ON HUMAN RIGHTS 2006 (Released by the Bureau
of Democracy, Human Rights and Labour, March 06, 2007) said:

Government forces continued arbitrary and unlawful deprivation of life of those in custody. Police and prison officers also committed extrajudicial killings…by staging encounter killings in Jammu and Kashmir. Prison conditions were harsh, life
threatening, and did not meet international standards.

Prisons were severely overcrowded, and food and medical care in adequate.. The International Committee of the Red Cross (ICRC) visited 61 detention centres but the ICRC was not authorised to visit interrogation or transit Centres, nor did it
have access to regular detention centres in the northern states…According to credible reports, in addition to harassment during searches and arbitrary arrests, security forces cleaning minefields abducted and sometimes used civilians as human shields. Such abuses occurred mostly in the Kupwara and Doda districts.

The Human Rights Watch in their Report “INDIA Everyone Lives in Fear” Patterns of Impunity in Jammu and Kashmir, September, 2006 said:

India army and paramilitary forces have been responsible for innumerable and serious violations of human rights in Kashmir. Extra judicial executions are widespread. Police and army officials have told Human Rights Watch that alleged militants taken into custody are often executed instead of being brought to trial because they believe that keeping hardcore militants in jail is a serious risk. Most of those summarily executed are falsely reported to have died during armed clashes between the army and the militants in what are euphemistically called “encounter killings”.

The Jammu and Kashmir indisputably happens to be one of the very few places in the world where human rights are ruthlessly
trampled. In order to suppress the demand of people, the Indian Government attempts to label the popular demand as terrorist
movement. Under the garb of terrorism and under the cover of various illegal laws human right violations have drastically
increased.

The fact is that "violation" is a very soft term, which is apt to be used in conditions where normal laws ensuring human rights are in place. In situations like that of Jammu and Kashmir where extra-Constitutional laws-completely contrary to the international human rights standards are in place, the discourse on human rights has to enlarge its scope and meaning significantly.

In presence of 800,000 Indian army and paramilitary forces and with the back of such laws, these excesses cannot be called mere"violations", but State sponsored terrorism. Thus under these circumstances, there is no hope of promotion and protection of human rights.

THOSE WHO NEVER RETURNED
Enforced and Involuntary Disappearances
Uzera Shah
Director - Human Rights Desk
hrd@kiir.org

Enforced or Involuntary Disappearance (EIDs) is the worst form of human rights violation. Such disappearance does not only adversely affect the life and liberty of the person disappeared but it leaves the entire concerned human circle of the victim in a limbo enveloped by inconsolable grief and prodigious pain. This is more dreadful than any of the defined crimes in the penal laws of countries because the suffering of the victim and his relatives is not of one time, rather lingers on and on due the uncertainty factor involved. No knowledge as to whether the victim is dead or alive, the complete clueless status makes the life of family members a living hell. The victim, his near and dear ones, all measurably sail into the confluence of declining hope,
decaying sanguinity and protracted uncertainty.

The sordid practice of Enforced or involuntary Disappearances in Kashmir started with the beginning of active armed conflict in 1989. The heavy deployment of Indian armed forces, militarily personals equipped with special laws of immunity has provided
a momentum to this abhors able practice. The gravity of Enforced and Involuntary Disappearances can be realized by going through the figures and stories put up by NGOs and salutary organizations like Kashmir based NGO- Association for Parents of
Disappeared persons (APDP). The APDP has claimed that more than 8000 people have been subjected to forced disappearances by the Indian forces in the last sixteen years. However, the figures given by govt. agencies are as less as around 3500. Be that as it may but the failure of Indian state to address the issue of Enforced and Involuntary Disappearances is apparent,
acknowledged and highlighted by various international Human rights organizations.

The signing of “International Convention for the Protection of All persons from Enforced Disappearance” by India along with 60 other countries have instilled a novel optimism and rekindled the dwindling ray of hope. The convention was adopted by the
United Nations General Assembly on December 20, 2006. Unlike the 1992 ‘Declaration on the Protection from Enforced Disappearances’, the present treaty is of legally binding nature, which enhances its significance manifold. The Article 1 emphatically declares that “No one should be subjected to Enforced disappearances” and no exceptional circumstance whatsoever may be invoked as a justification. Article 5 declares Enforced and Involuntary Disappearances to be a crime against
humanity and thus would attract the consequences provided for under such applicable law. Therefore, the convention further strengthens the Rome statute of the International criminal Court, entered into force on July 2002, which also qualifies Enforced
Disappearances as a crime against humanity.

It is condemned as a grave and flagrant violation of the human rights fundamental proclaimed in the Universal Declaration of Human Rights and reaffirmed and developed in international instruments in this field." "Such noble intents notwithstanding,
the people of Kashmir have yet to see the enactment of these articles by way of proper punishment to the perpetrators of the crime enforced or involuntary disappearances.

Chairperson of the APDP, Parveena Ahanger says: "Our demand is that the government should first stop subjecting people to enforced disappearances and should secondly investigate all these cases. We protest to tell them we are fighting for our children. We don't need any compensation or ex-gratia relief. We just want information."

Parveena Ahanger’s son Javid Ahmad Ahanger was picked up by indian security forces on 18 August 1990 when he was just 16. She has since heard nothing from him.

Fahmeeda Sang, who lives in a remote village of Kupwara, Indian held Kashmir.

The security forces picked up her husband 14 years ago.

"If my husband is alive I want to see him," she begs.

"I want the authorities to tell me where he is. If he has been killed let them hand over his body to me".

International law defines an enforced disappearance as the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or
acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law Mother of four Hajra Begum has finished mourning the death of her three sons, who were killed by the Indian army. But she still hopes for news about her fourth son, Bashir, who has been missing for 10 years.

"I still wait for him to come. I hope we will hear some news of him," she says.

Sahil Meraj, a seven year-old kindergarten student holds a photograph of his disappeared father in his lap and fumbles for words to describe the tragedy of which he is only half aware. His grandmother, Rahtee, crying behind feeds him the words. The victims, mostly noncombatants, include a 15-year-old boy and a 75-year-old former teacher as well.

"My son had nothing to do with militancy... His "disappearance" is unbearable for me. Neither his person is shown to me nor is his dead body. I am right now helpless. It is very difficult for me to manage the household affairs. His "disappearance"
has virtually brought us to the level of begging. God knows what will happen to us. I went from pillar to post to get any trace of my son but to no avail. I lodged a report in the police station ... but the officer in charge refused to register a case. I filed a petition in the court and pursued it for some time but could not continue for lack of money as I am very poor...” said Haleema
Begum about the "disappearance" of her son Bilal Ahmad Bhat.

Nazim Jan, from a village in border district of Uri, is looking for her three brothers. "I want justice. I have been searching for
the last 13 years but in vain," said Nazim.

Bashir Ahmad Mir, brother of another disappeared person Manzoor Ahmad Mir, wants justice be done with family of his
brother.

“My brother was picked up by troops of Indian Army 22 Rashtriya Rifles at Delina Baramulla in 2003 and later killed. But we don’t know where they threw his body. We had filed an FIR against it and Indian troops several times coerced me to withdraw that. The responsibility of my brother’s five children and wife lie on my shoulders. I want justice, ” Bashir said

Between 8,000 to 10,000 people between the age of 17 and 40, with some exceptionally old and some very young, have
disappeared through the operations of Armed Forces that are equipped with draconian laws, like the Armed Forces (Special
Powers) Act, which provides impunity-the major factor behind these crimes against humanityduring their campaign against
freedom fighters. The relatives of missing people in Kashmir are more than 100,000, including widows and thousands of
children. They are deprived of the graves of their beloved ones and also the rituals, which provide relief to relatives. The families are confused, though most of them have reconciled themselves about the deaths of their beloved ones, but a number of relatives refuse to accept their death until and unless the dead bodies are not found. The majority of the relatives are desperately in need of a memorial where they can visit and pay homage to their missing relatives and pray collectively for
them.

“Disappearances” are going on in Jammu & Kashmir despite the fact that the “International Convention for the Protection of All persons from Enforced Disappearance” is signed by India. Few recent cases of Enforced Disappearances are as follows:

Name of victim: Anwar Khan S\O Jalil Khan R\O Bandipora, Jammu & Kashmir
Date of Incident: May 24 – 2007
Agency Involved: Indian Army Indian Army arrested Anwar Khan with another youth Khoshal Khatana who was released after being subjected to torture. But the whereabouts of Anwar Khan are not known.

Name of victim: Jehangir Ahmad Ganie R\O Daulatabad, Qazigund, Jammu & Kashmir
Date of Incident: January 30-2007
Agency Involved: Indian Special Task Force Jehangir Ahmad Ganie disappeared after a raid conducted by Special Task
Force. Since then his whereabouts are not known.

“Life is not a matter of place, things or comfort; rather it concerns the basic human rights of family, country, justice and human dignity”

Name of victim: Mohammad Yaqoob Ganie R\O Daulatabad, Qazigund, Jammu & Kashmir
Date of Incident: January 30-2007
Agency Involved: Indian Special Task Force Mohammad Yaqoob Ganie disappeared after a raid conducted by Special Task Force. Since then his whereabouts are not known.

Name of victim: Sabeel Javaid R\O Daulatabad, Qazigund, Jammu & Kashmir
Date of Incident: January 30-2007
Agency Involved: Indian Special Task Force Sabeel Javaid disappeared after a raid conducted by Special Task Force. Since then his whereabouts are not known.

Name of the victim: Manzoor Ahmad Wani
Date of incident: November 06
Place of incident: Tragpora in Baramulla district, Jammu & Kashmir
Agency involved:Indian troops headed by Major Bhattacharya The 25-year-old driver Manzoor Ahmad Wani, was driving a passenger bus when troops stopped him near a camp at Tragpora in Baramulla district. The personnel brought Wani down and
dragged him towards their camp. His mother was in the same bus, waited in front of the army camp for 2 hours and begged to soldier for his release but was denied, She waited till night. Her son never returned; he disappeared. Wani had been married only 18 days before his disappearance in the army custody. His bride, Shaista, (25), since then is waiting for his return

Name of victim: Mohi-ud-Din (Farmer) R\O Tangmarg, Baramulla, Jammu& Kashmir Arrested on November 11, 2006
Disappeared on May 2007 (from Udhampur jail)
Agency Involved: Indian Army Mohi-ud-Din, according to his wife, was arrested by the Indian Army for raising his voice against timber smugglers in Tangamarg. My husband was very concerned over illegal cutting of trees in Tangamarg forests. The
smugglers who enjoyed the patronage of local Army unit many times threatened him of dire consequences. And on November 11, 2006, he was arrested by Army and booked under the Public Safety ACT & never returned.

Name of victim: Mohi-ud-din Sheikh aliases Mana Shalla S/O Late Abdul Aziz R\O Mahind-Bijbehara, Jammu & Kashmir
Date of Incident: 22 July 2006
Agency Involved: Indian Troops Mohi-ud-din Sheikh was arrested by Indian Troops from Pahalgam (a famous locality of Kashmir) by Indian Troops. Since then his whereabouts are not known.

Name of victim: Nazir Ahmad Sofi, S/O Late Abdul Aziz Sofi R/O Mahind-Bijbehara, Jammu & Kashmir
Date of Incident: 23July 2006
Agency Involved: Indian Troops Indian Troops arrested Nazir Ahmad Sofi from his native village Mahind- Bijbehara. Since then his whereabouts are not known.

Name of victim: Mohammad Yasin, S/O Ghulam Qadir R/O Sadkitare-Bijbehara, Jammu& Kashmir
Date of Incident: 23July 2006
Agency Involved: Indian Troops Indian Troops arrested Mohammad Yasin from his native village Sadkitare- Bijbehara. Since then his whereabouts are not known.

Name of victim: Tauseef Ahmad Rather, S/O Late Assadullah Rather R/O Mahind-Bijbehara, Jammu & Kashmir
Date of Incident: 23July 2006
Agency Involved: Indian Troops Tauseef Ahmad Rather was arrested from his native village Mahind- Bijbehara by Indian Troops. Since then his whereabouts are not known.

Name of victim: Saba Lone, S/O Ghulam Mohammad Lone R/O Kalan-Bijbehara, Jammu & Kashmir
Date of Incident: 23 July 2006
Agency Involved: Indian Troops Indian Troops arrested Saba Lone from his native village Kalan-Bijbehara. Since then his whereabouts are not known.


UN Working Group on Enforced Disappearances on the occasion of the International Day of the Disappeared reminded the states, in its statement on 29 August 2007 of their obligations under the Declaration for the Protection of all persons against enforced disappearances to conduct effective investigations regarding all cases of disappearances.

Amnesty International also reported in its recent report of 2007 “A new report indicated that some 10,000 people had been victims of enforced disappearance since 1989. The Association of the Parents of Disappeared People reported that the authorities failed to provide information to the families of the victims about their whereabouts. Outstanding concerns over
the existing powers of the state Human Rights Commission were heightened in August when its chairperson resigned over the “non-serious” attitude of the state Government towards human rights violations.”

This Report will not bring the dead home; it has brought to light India’s violations of United Nations Charter and Conventions in the hope that the world community will be moved to action.

Human Rights Defenders and Freedom of Expression
Altaf Hussain Wani
International Coordinator Human Rights
saleeemwani@hotmail.com

Human rights defenders are the men and women committed to realizing the ideals proclaimed in the Universal Declaration of Human Rights, that all people should enjoy freedom from "fear and want". They may be grass-roots activists joining in a protest demonstration with a local movement or union or they may have a high public profile arguing at the national or international level for the defense of human rights. Human rights defenders are on the front line of the struggle for human rights. In all societies, no matter how democratic they may appear, independent scrutiny by civil society makes an important contribution to ensuring that states protect human rights and conduct their activities within the parameters of the laws, treaties and contracts agreed upon within that society become involved in these processes.

Human rights defenders often pay a high price for their courage. New forms of harassment and repression are being carried out
by governments including smear campaigns against individuals and institutions, attempts to criminalize activities essential to
the defense of human rights, and the creation of legal obstacles to obtaining the means necessary to carry out human rights
work. In some countries, the actions of these human rights defenders working on the front line makes them actual or potential victims of reprisals, threats, harassment or arbitrary arrests, forced exile, torture, "disappearance" or death.

International protection of human rights defenders
On 9 December 1998, on the eve of the 50th anniversary of the Universal Declaration of Human Rights, the United Nations General Assembly adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. The Declaration has become commonly
known as the Human Rights Defenders Declaration as the broad range of individuals working for the promotion and protection
of human rights have become collectively known as "human rights defenders".

The adoption of this Declaration was the culmination of more than twelve years of negotiations and lobbying by human rights
organizations to ensure international recognition for the crucial role that human rights defenders play in promoting and protecting human rights and provide them with some international protection.

The text of the Declaration sets out the rights of human rights defenders to various rights and fundamental freedoms including
the right to know, seek, obtain and receive information about human rights and fundamental freedoms and the right to participate in peaceful activities against violations of human rights, it also sets out roles and responsibilities for these defenders
including strengthening understanding, tolerance and peace among racial and religious groups and safeguarding democracy.
In addition it sets out certain responsibilities of individual states towards human rights defenders including protecting them
against violence, threats, retaliation and discrimination and promoting and facilitating the teaching of human rights and fundamental freedoms.

The challenge for human rights defenders in India
Throughout India, human rights defenders have faced severe problems in accessing redress for the victims that they represent
and have been subjected to personal threats and violence because of the work that they are undertaking. Individuals and organizations have been targeted by the state or other vested interests for activities that appear to threaten their power base.
Peaceful protests have been met with excessive force and human rights defenders have been detained.

For many years Amnesty International, Human rights watch and united sates foreign office has been particularly shown concern
about the situation of those defending human rights in occupied Jammu and Kashmir and other parts of Indian . The complexity
of human rights issues presents a particular challenge to human rights defenders in India in general and in occupied Kashmir
in particular.

Movements within the country have also found support from international initiatives. However, those who have emerged
as agents of social change are seen by those in power as a direct threat. "With the new approach to the right to development,
agencies for development are also agencies for human rights, playing both the roles of activism and advocacy." Branded and
labelled as "anti-national elements", these human rights defenders have been harassed, including by the use of false criminal cases, threats, campaigns to discredit activists, the establishment of parallel NGOs, violence and preventive detention.

Silencing of human rights defenders in occupied Jammu and Kashmir
The work of human rights defenders has been severely curtailed in occupied Jammu and Kashmir. The growth of armed struggle
against Indian occupation in the early 1990's in turn led to heightened activity by the Indian armed forces in the region and an accompanying increase in the human rights violations perpetrated. A high incidence of torture, including rape, the use of excessive force to quell dissent and a high number of "disappearances" was met by force which was voiced either by individuals or by mass protest on the streets of Srinagar or other urban areas. Access of international human rights monitors has been severely restricted to all areas of occupied Jammu and Kashmir. This isolation affects not only access to information relating to human rights but also impacts on regular communication channels and the resources necessary to sustain such communication.

As in the case of many human rights violations by Indian armed forces in Indian occupied Kashmir, the perpetrators of violations against human rights defenders are rarely brought to justice. Special legislation in force in areas -particularly the Armed Forces (Special Powers) Act and Kashmir Disturbed Areas Act and the Armed Forces (Jammu and Kashmir) Special Powers Act makes it more difficult for victims of human rights violations and human rights defenders to access justice. Section 19 of the Protection of Human Rights Act prevents the National Human Rights Commission of Indian from investigating on its own, allegations of human rights violations by members of the armed and paramilitary forces. This restriction applies also to members of the state human rights commissions. In an already difficult situation, the psychological toll that takes on human rights defenders and those they are trying to help can be extreme. Several human rights defenders were killed or "disappeared"
The conviction of the state that human rights defenders are a "wing" of the armed opposition had a devastating impact on the work of defenders in the area and they became vulnerable targets for human rights violations themselves. In 1996 the murder of respected human rights activist Jalil Andrabi signaled an almost complete halt to work on human rights in the state as activists were confronted with the high risks they would run by continuing their work in the region. As well as targeted violence, human rights defenders who live in the state are also at risk of becoming victim to incidents of random violence. For example, on 14 April 1995 the Secretary of the Srinagar branch of the PUCL and patron of JKCC Mr. Parvez Imroz, was shot and injured by unidentified gunmen while driving home in his car. The deaths of many of the prominent members of the human rights community in Jammu and Kashmir has been successful in silencing many voices of concern about human rights in the Valley, leaving a continuing void which only serves to feed the impunity with which violations are still perpetrated in the state.

H N Wanchoo
The much respected human rights activist H N Wanchoo frequently initiated petitions in the Jammu and Kashmir High Court on behalf of the families of people who had "disappeared" after arrest despite the government’s failure to respond to the petitions. He was killed by unidentified gunmen in Srinager on 5 December 1992. The Central Bureau of investigation carried out an investigation and three arrests were made but, contrary to statements by the government that it was the work of the armed opposition, there was strong suspicion in the Valley that official agencies had a hand in his killing.

Dr Abdul Ahad Guru
Dr Abdul Ahad Guru, a surgeon at the Institute of Medical Sciences in Soura, was found shot dead on 1 April 1993. Dr Guru was deeply concerned and spoke about the many victims of brutal torture treated in his hospital; he often met journalists and members of human rights organizations, including a delegation from Amnesty International to whom he described methods of apparently routine torture used by the Indian occupation forces. There were allegations that he may have been the victim of an extrajudicial execution by the armed forces or their agents. Dr Guru was traveling in a car when he was seized by two armed men. His body was found the following day close to his hospital with three gunshot wounds. At his funeral, his brother-in-law,

Mr Ashiq Hussain, was shot and killed when police intervened to disperse a crowd which had gathered to mourn Dr Guru.

Dr Farooq Ashai
Dr Farooq Ashai was another respected surgeon who may have been the victim of extrajudicial execution. While traveling in his
car with his wife and daughter Dr Ashai was shot dead by unidentified gunmen. The police maintained that he died due to crossfire but his wife was adamant that there were no other shots fired than those which struck her husband. Like Dr Guru, Dr. Ashai was well known associate of foreign journalists and human rights activists and spoke out against the violations and abuses endured by the population of occupied Jammu and Kashmir.


Jalil Andrabi
On 9 March 1996 the prominent lawyer and human rights activist Jalil Andrabi was taken away by members of the paramilitary Rashtriya Rifles .Rifat, Jalil Andrabi's wife, witnessed his abduction: this was the last time he was seen alive. On 27 March 1996 the body of Jalil Andrabi was found in the Jhelum River. The work of the Special Investigation Team [SIT] which was set up to investigate Jalil Andrabi's killing was hampered by obstructive behavior by the police and by the withholding of important documents, such as the post mortem report, for over eight months. The family of Jalil Andrabi has also been consistently denied access to vital case documents. Following its investigation, the SIT in April 1997 held that a Major from the Territorial Army was responsible for the killing.

Kisan-ul-Din Ahmed
On 5 December 1999, there was a security operation near the town of Baramulla in occupied Jammu and Kashmir. The armed forces reportedly asked for advocate Kisan-ul-Din Ahmed. He was taken to a school building where he was reportedly tortured. His mother-in-law and son were also reportedly taken by security forces and beaten. The reason for this treatment was reported
to have been because he filed a case against the security forces in the High Court.

Mr. Muhammad Ahsan Untoo
Mr. Muhammad Ahsan Untoo was arrested by Delhi police on 8th of feb2005 out side the office of his lawyer’s home and till then he is languishing in the jail on the bogus charges murder attempt on life of Prof S R Gallani.

Mr. Untoo is a well-known human rights activist and is the Chairman of the Human Rights Forum, Jammu and Kashmir and also a member of UK based International Forum for Justice. He has taken up over 3,000 cases with the State Human Rights Commission, National Human Rights Commission of India and with international human rights organizations such as Amnesty International. He was one of the active members who campaigned for Mr. Geelani’s acquittal. In fact he threatened to immolate himself when he heard that Mr. Geelani was sentenced to death by the Sessions Court.

Izhar Wani
Izhar Wani, Bureau Chief of Agence France Presse (AFP) and reporter of India Today, a Delhi Based Weekly magazine, tasted the healing touch when he was subjected to harassment and was manhandled at the hands of SSG personnel outside the residence of Chief Minister. The SSG men not only frisked him but also snatched his identity card.

Shafiq Mir
Another journalist, Shafiq Mir working for Indian Express, a National English Daily met with the same treatment at the hands of police at Thanamandi area of district Rajouri on 16th August. He was beaten by gun butts due to whom he received injuries on his eye and left leg. He had to be hospitalized.

Danish Ismaiel and S. Irfan
Barely after 10 days of the above mentioned incidents two more local photojournalists where manhandled by the state police when they too were discharging their duties. The Dy SP in Dalgate, Srinagar, allegedly beat and abused two local scribes in broad daylight despite confirming their identity. They duo were identified as Danish Ismaiel of Greater Kashmir, an English Daily and S. Irfan of Press Trust of India (PTI).

Parveez Imroz
Parveez Imroz patron of Jammu Kashmir collation of civil societies and chairperson of the association of the parents of isappeared person is in continuous threat at the hands of Indian agencies and their agents. There have been several attempts on the life of Parveez Imroz and his family .Government of Indian has refused to renew his passport since 2004 .amnesty international and the special representative on the independence of judges and lawyers of united nations sent urgent appeals to the government of Indian to issue the passport to Mr Parveez Imraz but no response till date. Parveez Imrooz has been awarded eleventh LUDOVIC –TRARIEUX INTERNATIONAL HUMAN RIGHTS PRIZE ON JUNE 2ND 2006 and he was invited to France on 13th of July 2006 to receive the award.

Muhammad Maqbool Khokhar
In occupied Kashmir, the Reporters Without Borders, a worldwide press freedom organization, has denounced prolonged imprisonment of a Kashmiri photojournalist, Muhammad Maqbool Khokar alias Maqbool Sahil, who has been behind the bars since September 18, 2004 under an emergency security law, and called for journalist community to campaign to get him freed.

The organization noted that even the orders by the High Court in occupied Kashmir and the requests by the Indian National Human Rights Commission for his release have been ignored. "The rule of law does not seem to be applied equally in India," RWB said in a press release. "It is urgent for the authorities in Srinagar and New Delhi to order the troops to release the journalist, who is the victim of a shameful denial of justice," it added.

Sahil was first detained under the Official Secrets Act but has been held since 20 October 2004 under the Public Safety Act
(PSA).

Sahil wrote to Reporters Without Borders that he was physically and mentally tortured at the Srinagar interrogation centre in the two weeks after his arrest and had not been allowed to sleep or eat for several days.

Rafiq Maqbool and Amin War
Assocrated Press photographer, Rafiq Maqbool, and Amin War from the national daily The Tribune, were beaten by police personnel on 25th of sept 2004 while covering a protest demonstration in Srinagar, when the police turned on them and started beating them with rifle butts and bamboo batons. Mirwaiz Umer Farooq chairman All parties Hurriyat Conference and Chairman Jammu Kashmir liberation Front Muhammad Yasin Malik where denied travel documents to attend the Kashmir conference at Washington DC on 25th and 26th of July 2007.

Senior All Parties Hurriyat Conference leader Moulana Abass Ansari was stopped on New Delhi Indra Gandhi international airport on 15th of August, 2007 while he was going to attend a religious function in Iran. The authorities took away his passport with out any reason and he was not allowed to travel. The above mentions facts are only glimpses of the whole phenomenon. It is a mater of absolute concern for all those who are striving for up holding the human rights of the oppressed people should take a strong note of the human rights situation in Indian occupied Kashmir.