On May 29, 2009, as has been variously attested, Asiya Jan and Neelofar Jan were subjected to rape, reportedly by more than one perpetrator, and murdered. Ms. Asiya Jan and Mrs. Neelofar Jan were Muslim residents of Shopian town, in Shopian district, Kashmir, and 17 and 22 years of
age, respectively.

On July 08, 2009,1 the public inquiry commission headed by Justice (Retired) Muzaffar Jan, appointed by Jammu and Kashmir Chief Minister Omar Abdullah on June 01, 2009 to inquire into the events,2 submitted its report, subsequently made public on July 10.
‍

On July 12, it was reported that the Commission's findings had been doctored by the police who were partners to Justice Jan in his investigations, even as the police themselves were being investigated for their involvement in the rape and murder of Asiya Jan and Neelofar Jan (see below). Justice (Retired) Muzaffar Jan distanced himself from the 'findings' in the annexure of the report. The police subsequently denied Justice Jan's allegations. What does it signify when the findings of a judicial inquiry commission set up by the ruling government of Jammu and Kashmir are vitiated? The declaration by Justice (Retired) Muzaffar Jan raised critical questions regarding the involvement of state institutions, including government and security forces, in destabilizing the investigations. It also raised questions regarding what the 'truth' of the matter was, who were in the know, and what was being shielded.

‍
The investigations in Shopian, as noted through this brief, failed to focus on the identification and prosecution of perpetrators or on addressing structural realities of militarization that foster and perpetuate injustices. The investigations concentrated instead on locating 'collaborators' and
manufacturing scapegoats to subdue public outcry. 'Control' rather than 'justice' organized the focus of the state apparatus, including all processes related to civic, criminal, and judicial matters. The events in Shopian of May-July 2009 are contextualized within a continuum of past violences and violations by the Indian military and paramilitary, and reciprocal relations between heightened militarization and social and gendered violence in Indian-administered Kashmir. The population of Shopian district numbers 2,00,000-2,50,000. [Note: The population of Kashmir was recorded at approximately 69,00,000 in 2008, with Muslims constituting approximately 95 percent of the population. Across Jammu and Kashmir, which includes Ladakh, approximately 67 percent of the population was of Muslim descent.] Shopian town is home to approximately 60,000-70,000 residents. The military and paramilitary are hyper-present in and outside the town. At its limits are the police and paramilitary Central Reserve Police Force (CRPF) camps. Beyond, the locality is surrounded by the Rashtriya Rifles (military) and various camps of the CRPF, in Gagaran, Batpora, Balpora and on Mughal Road. The Rashtriya Rifles stage flag marches and the CRPF regularly patrols the area. Since May 29, 2009, the CRPF established another camp near the site of the incidents, close to the police residential quarters, across the
Rambi-Ara nullah (a tributary of a stream) beyond the edge of Shopian town. Approximately 3,000 police and personnel of the Special Operations Group (SOG) monitor the area. Further, about 20,000+ security forces personnel are deployed across Shopian district.
‍

Beginning May 30, 2009, throughout June, until July 16, 2009, for forty-seven consecutive days, protests continued in Shopian town, led by the Majlis-e-Mushawarat and other groups, seeking justice, joined, in solidarity, by others across Kashmir. Daily life remained interrupted, economic and social life overrun. Through non-violent means, civil society continued to dissent the horrific events that transpired, the relationship of these events to military and paramilitary forces, the actions and impassivity of security forces and institutions, and those of the state. Civil society
members reiterated that civil disobedience was the sole mechanism available to them via which to seek justice.
‍

On June 13, 2009, at the behest of various civil society members in Kashmir, Dr. Angana Chatterji, Advocate Parvez Imroz, and Mr. Zahir-Ud-Din of the International People's Tribunal on Human Rights and Justice in Kashmir (IPTK) travelled to Shopian, approximately 55 kilometres from Srinagar, the official summer capital of Jammu and Kashmir, to inquire into the event. We met with family members and various local community members in the home of Asiya Jan and Neelofar Jan. As well, we met with members and office bearers of the Shopian Bar
Association. We traveled through the town, to the area where the bodies were recovered, and to the newly formed graves that now hold Asiya Jan and Neelofar Jan. Our visit to and from Shopian was monitored by security forces. On July 01, 2009, Mr. Gautam Navlakha of IPTK also
visited Shopian. On June 21, 2009, IPTK contacted the Criminal Investigation Department (CID), requesting a meeting between Dr. Chatterji, Mr. Zahir-Ud-Din, and Mr. Khurram Parvez of the People's Tribunal and the CID, to seek clarification on the events and circumstances leading to the death of Asiya Jan and Neelofar Jan. The CID investigates specialized crimes requiring technical expertise. We were informed that either the Inspector General of Police, in-charge of the CID, Mr. Farooq Ahmad, or Mr. Ashok Bhan, the Director General of Police, CID, would meet with us
on the following day. After numerous telephone communiqués expressing their desire and intent to meet, the CID eventually declined to do so.
‍

Note: This brief offers a preliminary understanding of complex issues and questions that require further and detailed study. The brief is authored by IPTK conveners, legal counsel, and liaison, with assistance from staff and interns. In writing this, we met with, and consulted, family members of the victims and local community members in Shopian, and a range of lawyers, journalists, academics, activists, and others. As well, legal experts and independent medical personnel, and those on international protocol, were consulted. We extend our gratitude to all the above, while withholding the names of most that spoke or worked with us, for fear that such listing may compromise their safety and place them at risk of reprisal. In the interest of space and manoeuverability, only a partial bibliography has been included in this brief, see endnotes. Sources used in writing this note, including maps, certain photographs and video documentation taken in Shopian, and archival material, are available on the IPTK website, see Uniform Resource Locator (URL): http://www.kashmirprocess.org/shopian.