This report by Amnesty International focuses on the failures in accountability for human rights violations by security force personnel in Indian-Administered Jammu and Kashmir (IAJK). It especially focuses on the abuse of the Armed Forces Special Powers Act (AFSPA) in denying justice to the victims of violations of human rights for the last 25 years. Impunity is a long-standing problem in IAJK. The lack of political will to account for past and present actions of the security forces, including the state police, is fortified by legislation and aggravated by other obstacles to justice, especially for those who lack financial resources or education. To date, not a single alleged perpetrator of a human rights violation has been prosecuted in a civilian court. Victims and their families routinely face intimidation and threats from the security forces when attempting to bring cases against soldiers.The climate of impunity encourages human rights violations to continue. Faith in the government and judiciary is almost non-existent in IAJK.
Topics: historical context, legal context, sanction for prosecution and legalized impunity, military injustice, obstruction of investigations by security forces, conclusions and recommendations, the Indian military justice system
Terms: Armed Forces Special Powers Act (AFSPA), failure to investigate violations, failure to prosecute violations, legalized impunity, failure of accountability, lack of transparency, military justice, denial of due process, denial of fair process, denial of access to justice, lack of judicial independence, lack of judicial recourse, delay in registering violations, refusal to cooperate with investigations, lack of information regarding investigations, corruption, intimidation, pressuring families to withdraw complaints, reprisals for reporting violations, custodial killing of Javaid Ahmad Magray, Pathribal case, Zahid Farooq Sheikh case, Machil case, enforced disappearances of Mushtaq Ahmad Dar and Mushtaq Ahmad Khan, state legal impunity, legal impunity for security forces, failure of judicial system, lack of reparations and redress, harassment of human rights defenders, international human rights law, international humanitarian law, denial of right to free and fair trial, enforced disappearances, custodial torture, extrajudicial killings, custodial rape
This report documents obstacles to justice for victims of human rights violations existing in both law and practice in Jammu and Kashmir, and shows how the government’s response to reports of human rights violations has failed to deliver justice for several victims and families. Addressing Jammu and Kashmir’s impunity problem, and indeed India’s attitude towards impunity, is a challenge; but it is essential to ensure justice to victims of human rights violations, and facilitate the healing process for those who have suffered during the course of Jammu and Kashmir’s decades of struggle and alienation.
There are policy changes that would increase accountability – such as repealing provisions requiring sanction to prosecute members of the security forces,granting sanction in previously denied and currently pending cases, ensuring independent investigations, and excluding the option for trial by military courts in cases of human rights violations by security forces; but political will to enact them remains mercurial.
Both the Government of India and the Government of Jammu and Kashmir must take immediate steps to ensure that all human rights violations and crimes under international law alleged to have been committed by Indian security forces,including the police, in Jammu and Kashmir are investigated by independent and impartial authorities, and where there is sufficient admissible evidence, those accused are prosecuted in proceedings which meet international fair trial standards and do not impose the death penalty.
July 2015
Originally published
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