The Indian government has repeatedly maintained that arrests, if any have been made to “keep the peace” in the region. According to media reports, only six local Kashmiri politicians have been released over the last month upon signing a bond and on the condition that they will not “commit breach of peace” and indulge in any political activity including making political speeches. Other party leaders continue to be either under house arrest or jailed in Kashmir or other parts of India with little access to legal assistance...The release of political detainees on the condition of signing bonds prohibiting any political activities and speeches

is as deeply problematic as their detentions in the first place. Political leaders in the Jammu region have also been ordered to not indulge in any kind of public address. Political speech cannot be prohibited under international law unless it constitutes a direct threat to public order, which has not been adequately demonstrated by the Indian government.

Amnesty International India was able to obtain various copies of the habeas corpus petitions filed against detentions under the controversial PSA in J&K High Court between 5 August 2019 and 16 October 2019. Out of the 576 petitions filed in 2019, 326 were filed in this  period, indicating a pattern of mass detention since the unilateral abrogation of Article 370. Out of these 326 cases, at least four cases of illegal detention of minors were recorded.

Instead, youth from different villages were being picked by army and police and detained for four to eight days without formal charges and then released on signing a bond or an undertaking by the community heads stating that they will not indulge in stone pelting or protests. Detentions without any kind of documentation and recourse to justice completely overlook human rights guarantees and perpetuate fear in people.

Amnesty International India was told that after the story of their torture was telecasted by the international media channel BBC in early September, security forces went back to the homes of those tortured. Their homes were raided and their families were threatened of consequences in case they talk to anyone. None of the victims or their relatives wished to be identified.

Amnesty International India documented a clear pattern of security personnel using excessive force and intimidation to minimize reporting of the same. Almost every detained person interviewed described being beaten and threatened. In several instances, as in the case described above, police officers appear to have ransacked homes and knowingly damaged public and private properties...Where public protests have occurred, the police have responded with use of force that has been at times excessive and indiscriminate with the use of pellet shotguns, tear gas and rubber bullets. There have been many reported cases of the tear gas entering residential areas and enclosed spaces.

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