US Embassy New Delhi
SUMMARY
November 23, 2023

This report summarizes an April 1, 2005 confidential briefing by the ICRC to the US Embassy in New Delhi in which the ICRC describes the torture of Kashmiri political prisoners and concludes that the Government of India condones torture and keeps the ICRC in legal limbo in India.

Topics: detention, torture, political prisoners, humanitarian access

Terms: ICRC, detention centers, prisoner abuse, electric shock, suspension from ceiling, roller, crushing, stretching, water-boarding, sexual torture, extrajudicial killing, Cargo, Indian forces rewarded for violations

ARTICLE PREVIEW

https://www.theguardian.com/world/us-embassy-cables-documents/30222

In a April 1 confidential briefing on GOI detention centers in Kashmir, ICRC XXXXXXXXXXXX described to D/Polcouns torture methods and relatively stable trend lines of prisoner abuses by Indian security forces, based on data derived from 1491 interviews with detainees during 2002-2004. The continued ill-treatment of detainees, despite longstanding ICRC-GOI dialogue, have led the ICRC to conclude that the New Delhi condones torture. The MEA/MHA recently protested ICRC presence and activities in J&K, and keeps the organization in legal limbo, but allows their operations to continue.

ICRC staff made 177 visits to detention centers in J&K and elsewhere (primarily the Northeast) between 2002-2004, meeting with 1491 detainees, 1296 of which were private interviews. XXXXXXXXXXXX considered this group a representative sample of detainees in Kashmir, but stressed that they had not been allowed access to all detainees. In 852 cases, detainees reported what ICRC refers to as "IT" (ill-treatment): 171 persons were beaten, the remaining 681 subjected to one or more of six forms of torture: electricity (498 cases), suspension from ceiling (381), "roller" (a round metal object put on the thighs of sitting person, which prison personnel then sit on, crushing muscles -- 294); stretching (legs split 180 degrees -- 181), water (various forms -- 234), or sexual (302). Numbers add up to more than 681, as many detainees were subjected to more than one form of IT. ICRC stressed that all the branches of the security forces used these forms of IT and torture.

XXXXXXXXXXXX reported that during recent ICRC interactions with the GOI, officials have maintained that the human rights situation in Kashmir is "much better than it was in the 1990s," a view he also agreed with. Security forces no longer roused entire villages in the middle of the night and detained inhabitants indiscriminately, as they had as recently as the late 1990s. There is "more openness from medical doctors and the police," who have conceded that 95 percent of the information on particular cases is accurate. Ten years ago, there were some 300 detention centers; now there are "a lot fewer," he stated.

While acknowledging these improvements, XXXXXXXXXXXXmade a number of additional observations based on ICRC experience in Kashmir that indicate persistent problems:

-- There is a regular and widespread use of IT and torture by the security forces during interrogation; -- This always takes place in the presence of officers; -- ICRC has raised these issues with the GOI for more than 10 years; -- Because practice continues, ICRC is forced to conclude that GOI condones torture; -- Dialogue on prison conditions is OK, dialogue on treatment of detainees is not; -- Security forces were rougher on detainees in the past; -- Detainees were rarely militants (they are routinely killed), but persons connected to or believed to have information about the insurgency; -- ICRC has never obtained access to the "Cargo Building," the most notorious detention center in Srinagar; and -- Current practices continue because "security forces need promotions," while for militants, "the insurgency has become a business."

Link to Original Article

April 2005

Originally published

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