This is a communication of the UN Working Group on Enforced Disappearances and three UN Special Rapporteurs (on freedom of opinion, human rights defenders, truth, justice and reparations) to the Government of India expressing grave concern regarding the detention of Advocate Parvez Imroz, Patron of the Association of Parents of Disappeared Persons (APDP) and President of Jammu Kashmir Coalition of Civil Society (JKCCS), as well as three other lawyers, Advocates Kartik Murukutla, Ghulam Nabi Khan and Qazi Irfan, and the police's preventing them from holding prayers and laying a tombstone on the grave of Mr. Atta Mohammed Khan in Bimyar, Chehal, Baramulla, Kashmir.
Topics: mass graves, enforced disappearances, failure to investigate, denial of justice, intimidation and harassment of human rights defenders, denial of right to travel, non-response by Indian Government, impunity
Terms: arbitrary detention, enforced disappearances, Parvez Imroz, Kartik Murukutla, Ghulam Nabi Khan, Qazi Irfan, grave-digger Atta Mohammed Khan, police harassment, unmarked graves, denial of justice, state impunity
According to the information received, an estimated 8000 persons in Jammu and Kashmir have been subjected to enforced disappearances between 1989 and 2008. Since 2008, 7000 cases of unmarked graves in five districts of Jammu and Kashmir have been documented and there is prima facie evidence that some of these unidentified bodies belonged to disappeared civilians.
The Jammu and Kashmir State Human Rights Commission has confirmed that in five districts in Jammu and Kashmir there are unmarked graves present. They have made recommendations in separate decisions in 2011 and 2017 for investigations including DNA and other forensic testing. Thus far the government has not taken any action.
Mr. Parvez Imroz is a lawyer, human rights defender, and Patron of the Association of Parents of Disappeared Persons, as well as President of the Jammu Kashmir Coalition of Civil Society. On 11 February 2011 and on 29 April 2013, the UN Working Group on Enforced or Involuntary Disappearances sent two general allegations to the Government of India concerning the presence of unmarked graves in Jammu and Kashmir. The Government has not responded to either of the communications. Mr. Parvez Imroz has been the subject of several previous communications by Special Procedures including:
- IND 12/2015 sent on 9 October 2015 and IND 23/2011 sent on 17 January 2012 regarding the refusal to renew his passport. We thank you for the response received on 5 September 2016 to the former.
- IND 18/2008 sent on 8 July 2008 regarding intimidation and harassment against him and another individual. We thank you for the response received on 26 February 2009.
Mr. Kartik Murukutla was the subject of a previous communication AL IND 4/2017, regarding the ‘Look out Circular’ issued against him, allegedly linked to the human rights lawyer’s cooperation with United Nations human rights mechanisms. We regret that that so far no response has been received
March 2018
Originally published
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