https://www.hrw.org/reports/1999/kashmir/summary.htm

Despite the election in September 1996 of a civilian government in the state of Jammu and Kashmir, and Indian government claims that "normalcy" has returned there, abuses by the army, federal paramilitary forces and a newly constituted police force are rife. Indian forces also continue to arm and train countermilitant militias to assassinate suspected militant activists and intimidate local residents. Although some militant leaders command popular support, extortion and other abuses by the militant groups and their failure to prevail against the Indian forces have left the population embittered. At the same time, ongoing brutality and repression by Indian troops continuesto fuel popular discontent and fear. India may have largely crushed its armed opposition in Srinagar and other cities in the Kashmir valley, but it has won little support from the Kashmiris.

As they have gained greater control of the cities, Indian forces and the countermilitants have fostered a climate of repression.  Although government troops who no longer fear an ambush are less trigger-happy than was the case in the early 1990s when retaliatory shootings of civilians in crowded urban areas and villages were common,targeted executions continue.  Detentions and "disappearances" have left residents fearful of talking to international human rights organizations. Little human rights documentation is done because human rights activists and lawyers have been killed or threatened. Doctors who have treated torture victims have also been threatened and spoke to Human Rights Watch only when assured strict confidentiality.

Custodial killings -- the summary execution of detainees -- remain a central component of the Indian government's counterinsurgency strategy.  While the difficulties associated with documentation make it impossible to state accurately the number of such killings, human rights groups in the state and elsewhere in India estimate that such summary executions  number in the thousands.  In this report,  Human Rights Watch documents nine that occurred in 1998 and one that occurred in 1997. The killings continue because they have the sanction of senior Indian officials who justify them on the grounds that there is no other way to counter a serious "terrorist" threat. Since the insurgency erupted in Kashmir in 1989, there has been no effort on the part of the government to reduce the incidence of custodial killing.

"Disappearances" of detainees also remain a serious problem. Not only has the practice continued, but there has been no accountability for hundreds of cases of "disappearances" that have taken place since 1990. The Kashmir Monitor, a human rights group based in Srinagar, has documented 300 cases of "disappearances" and claims that the actual number is much higher.  An association of the parents of the "disappeared," one of the few human rights groups functioning in the state, has been unable to persuade the government to provide information about their missing sons. During its mission, Human Rights Watch documented thirteen cases of "disappearances": two from1998, nine from 1997, one from 1996 and one from 1995.

The Indian security forces also engage in brutal forms of torture which likewise have the sanction of senior officials. The latter privately 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.  Human Rights Watch documented three cases of torture in this report, one of which took place in October 1998, the other two of which describe a series of detentions in which torture occurred from 1996 until1998.  In one case, two detainees who confessed to having weapons after undergoing severe torture were later berated by an army officer for lying and then released.  Human Rights Watch staff also interviewed doctors who had treated former detainees who had been tortured.  Methods of torture include severe beatings with truncheons, rolling a heavy log on the legs, hanging the detainee upside down, use of electric shocks, immersion in water while being suspended upside down, and the insertion of an iron rod on which chili paste has been applied into the rectum.  Extensive beatings and use of the roller frequently lead to renal damage or failure; being suspended for prolonged periods upside down can lead to nerve damage and paralysis of the limbs.

Hospitals in Srinagar have registered more than 180 patients with torture-induced renal problems since 1994,some one hundred of which were admitted since 1996. These figures only include those cases serious enough to require treatment in the hospital. Of the 180 cases, six died of renal failure. Some of the survivors have suffered permanent damage.

Indian security forces have raped women in Kashmir during search operations, particularly in remote areas outside of major cities and towns. The difficulties inherent in documenting such attacks on women are many. The victims are unlikely to seek medical attention unless their injuries are severe and are reluctant to report their assaults because of the shame and stigma that they may bear as a result. Nonetheless, Human Rights Watch documented one case of rape by the Indian army in Doda and received consistent reports of such abuse from elsewhere in Doda and from the border areas of Punch and Rajouri.  Significantly, army authorities have demonstrated some concern about rape and have initiated a number of courts-martial of soldiers for rape. However, many reports of rape, particularly by federal or local police forces, are never investigated.

Prosecutions of security personnel responsible for abuses are rare. The State Human Rights Commission,which is mandated to investigate complaints of human rights violations and make non-binding recommendations to the government, began its work in early 1998 and by November of that year had undertaken investigations in some200 cases. The commission does not take up cases pending before the High Court. In addition, the commission's work is severely hampered by the fact that it cannot directly investigate abuses carried out by the army or other federal forces. These forces conduct their own investigations, the results of which are not made public. Although government officials claim that disciplinary measures have been taken against some security personnel, criminal prosecutions do not take place.

Select extracts on applicable international law:

• "The Indian army, Special Task Force, Border Security Force, and state-sponsored paramilitary groups and village defence committees-the principal government forces operating in Jammu and Kashmir-have systematically violated these fundamental norms of international human rights law. Under international law, India's state-sponsored militias are state agents and therefore must abide by international human rights and humanitarian law. The government of India is ultimately responsible for their actions."
• "Although Human Rights Watch has maintained that the struggle in Kashmir in the early 1990s did meet this threshhold, it is less clear that international humanitarian law applies to the conflict  given the dimunition of fighting throughout much of Kashmir apart from the Kargil region, and the decreased capacity of the militant groups to conduct effective military operations. However,  the fact that in Doda and in other border regions militant forces regularly engage Indian army troops, and the size of the armed forces deployed on both sides, suggests that international humanitarian law may still apply."

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