behind the kashmir conflict
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8/9/2019 Behind the Kashmir Conflict
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8/9/2019 Behind the Kashmir Conflict
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nd the Kashmir Conflict
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The Indian army, operating under the Jammu and Kashmir Disturbed Areas Act and the
Armed Forces (Jammu and Kashmir) Special Powers Act, continues to conduct cordon-and-
search operations in Muslim neighborhoods and villages, detaining young men, assaulting
other family members, and summarily executing suspected militants.
In January 2000, after conducting its own investigation, the Indian army announced 56 of its
personnel in Kashmir would be punished for human rights violations. The punishments
ranged from discharge to denial of promotion. The national and state human rightscommissions, were barred from investigating army and paramilitary personnel.
Custodial Killings:
The account of Mohammed Amin's "custodial" killing is not unique in Kashmir. The way he
died is all too common in this Indian-occupied land. According to Human Rights Watch,
custodial killings, the summary execution of detainees, are a central part of the Indian
government's strategy for dealing with the current insurgency in Kashmir.
Because of the immense difficulty associated with documenting such killings, human rights
groups are unable to give exact numbers. But groups in Kashmir and elsewhere in India
estimate that such torture killings number in the thousands.
There has been no effort on the part of the Indian army to curb these killings. Indeed, they
have the sanction of senior Indian officials who justify them by maintaining that there is no
other way to deal with serious "terrorist" threat.
"Disappearances" and Torture:
"Disappearances" remain a serious problem. People who have been detained on the
suspicion of some type of "terrorist" behavior or those simply taken in for questioning often
disappear without a trace. Families attempt to locate their loved ones through the court
system but almost without exception they are unsuccessful. There is no accountability for the
hundreds of cases of "disappearances" that have taken place since 1990.
The ISF also engages in brutal forms of torture which have the sanction of senior officials.
They justify the practice on the grounds that there is no other way to obtain information from
a suspect. In fact, torture is also routinely used to punish suspected militants and their
supporters and to extort money from their families. In virtually all of the cases of
"disappearance" in Kashmir, it is likely that the victim was executed and the body disposed
of in secret.
The security forces routinely flout legal protections that would provide safeguards against
disappearances. Detainees are frequently moved from one detention facility to another,
sometimes under the authority of different security agencies; records of arrest are either not
kept or falsified; security forces ignore writs of habeas corpus and refuse to produce
detainees even when ordered to do so by the Jammu and Kashmir High Court. According to
the Jammu and Kashmir Bar Association, hundreds of writs are pending before the court,some dating back several years.
Rape:
Indian Security Forces have raped Kashmiri women during search operations, particularly in
remote areas outside major cities and towns. The documentation of such cases is difficult.
The victims are unlikely to seek medical attention unless their injuries are severe and they
are reluctant to report assaults because of the shame and stigma. The army authorities have
demonstrated some concern about rape and have initiated a number of courts-martial of
soldiers for rape. However, the many reports of rape, particularly those committed by federal
or local police forces, are never investigated. The prosecution of security personnel is rare.
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8/9/2019 Behind the Kashmir Conflict
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nd the Kashmir Conflict
//www.yespakistan.com/kashmir/behindthekashmirconflict.asp[8/26/10 3:07:51 PM]
Summary:
Despite the election of a civilian government in Jammu and Kashmir in September 1996 and
claims by the Indian government that "normalcy" has returned to the region, abuses by thearmy, federal paramilitary forces, and the newly constituted police are rife. Indian forces also
continue to arm and train countermilitant militias to assassinate suspected militant activists
and intimidate local residents. The ongoing brutality and repression by Indian troops
continues to fuel popular discontent and fear.
As they have gained greater control of the cities, Indian forces and countermilitants have
fostered a climate of repression. While retaliatory shootings of civilians are less, targeted
executions continue. Detention and "disappearances" have left residents fearful of talking to
international human rights organizations. Little human rights documentation is done because
activists and lawyers have been killed or threatened as have doctors who treat torture
victims.
Date/Time Last Modified: 6/18/2002 8:05:35 AM
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