This is a communication of three UN Special Rapporteurs (on extrajudicial executions, health, and torture) to the Government of India, expressing grave concern overviolations of the right to life by state forces in Jammu and Kashmir over the last 29 years and discusses the details of 79 such cases. Many of the cases include victims who were allegedly subjected to torture, denied medical care, were minors, etc. An annex contains the details of all of these cases.
Topics: extrajudicial klilling, arbitrary killings, violation of right to life, custodial killing, excessive use of force, violation of freedom of speech, denial of access to healthcare, torture, failure to investigate, failure of rule of law, failure to provide access to justice, failure to remedy, Indian Government lack of response, impunity, intimidation of victims, bribery, threatening victims
Terms: excessive use of force, police brutality, abduction, killings by Indian Army, killings by police, killings by Central Reserve Police Force (CRPF), killings by Border Security Force (BSF), killings by Rashtriya Rifles, killings by government militias, killings by Ikhwan, killings by Special Operations Group, execution through torture, killings by unidentified gunmen
Allegations of violations of the right to life in Jammu and Kashmir have been the subject of multiple communications by special procedures mandate holders including;
We take note of the extensive response received to IND 5/2016, the responses on the cases detailed in IND 18/2011, the short response to 18/2010, response to IND 21/2008 and detailed individual responses to IND 16/2005. We remain concerned by the issues raised in the communications and continued allegations related to excessive use of force or intentional killings by the armed forces. We regret that no replies have yet been received to communications IND 25/2018, IND 9/2018, IND 10/2017 and IND 18/2005.
…63 cases concern individuals killed between 1990 and 2011, allegedly either through intentional killings by members of the security forces, in a number of cases after having reportedly been subjected to torture, or through excessive and careless use of firearms. Further the authorities have reportedly failed to conduct thorough, prompt and impartial investigations. In a number of the cases, family members faced harassment, threats and in some cases ill-treatment from members of the security forces to prevent them from reporting the killings. There are also reports of bribes being offered to withdraw complaints.
It has also been alleged that in several cases the armed forces were obstructing investigations carried out by other bodies such as the police and the courts. In other cases, sanction for prosecution was sought by the State Government from the Central Government under the Armed Forces (Special Powers) Act but these requests were either rejected or do not appear to have received a response. In most of these cases, the names of individual alleged perpetrators are available as well as eyewitness testimonies or other evidence.
March 2019
Originally published
Photo creditDownload (PDF)Download Here