The authors of this report are three individuals who have led efforts to investigate serious human rights violations and to achieve justice for the victims and survivors of these violations in multiple country situations around the world. They have become deeply alarmed byreports of increasingly serious human rights violations against Muslim communities in India, especially since 2019, and the hardening of the toxic environment againstthem as well as by the absence of the kind of independent investigations that have been undertaken domestically or internationally in similar situations. Therefore, they have joined together as a Panel of Independent International Experts (‘Panel’ or ‘PIIE’) to review available reports from reputable sources to determine whether there is sufficient credible information to require that an independent international investigation be mandated in order to fulfil the victims’ and survivors’ rights under international human rights law. The authors’ names and nationalities are Sonja Biserko (Serbia), Marzuki Darusman (Indonesia) and Stephen Rapp (USA). The authors have, after considering the evidence, agreed unanimously on the existence of credible information, the application of international human rights law and international criminal law, and the legal necessity of formal investigation.

… Frequently, torture and cruel, inhuman or degrading treatment against dissident voices, mostly coming from the Muslim community, accompany arbitrary detentions. … In Kashmir,civilians, including minors, have been subjected to similar abuse by the police and armed forces, both as means to suppress dissent to the abrogation of the special status of the region and a tool to combat separatist militants. The Panel notes with concern the sexualised forms oftorture employed against men and boys in Kashmir.

… The repressive actions by the government against human rights defenders, journalists and activists in Jammu & Kashmir following the change of its special autonomous status in August 2019 may potentially be characterised as crimes against humanity. The Panel has reviewed credible evidence to suggest that the crimes of murder, torture, unlawful imprisonment, sexual violence and persecution may have been committed by the police and military. They were arguably carried out pursuant to as tate policy to suppress any opposition to the legislative change. There are indications that the acts were committed in a widespread manner due to the number of victims, and in a systematic manner in light of the planning and coordination. In addition, the Panel considered the commission of the war crime of murder and torture of civilians. Civil society reports find the existence of an ongoing non-international armed conflict in Jammu & Kashmir between the Indian government and separatist armed groups. There is credible evidence to suggest that civilians who are wrongly suspected of being militants have been killed and tortured thus providing the necessary nexus to the conflict for determination that the violations were war crimes.

… Since domestic-level remedies have so far been ineffective, inadequate or inaccessible, the authors believe that the credible information we received justifies the initiation of formal investigations by a competent, independent and impartial body, mandated by the UN, which would conduct in-depth investigations into the allegations we uncovered in this report with a view to ensuring accountability in the future.

… The Panel of Independent International Experts (PIIE)requested a team of professionals –including Indian and international NGOs, legal practitioners and activists –as well as academics, to gather information on the range of the reported abuses and discriminations by state and non-state actors against Muslims in India since especially 2019. This group of researchers worked with the Amsterdam Law Clinics, part of the Law Faculty at the University of Amsterdam, Netherlands and the Centre for Human Rights at the University of the Free State, Bloemfontein, South Africa, to assist the PIIE.

To protect the members of the research team from any form of reprisals as a result of their contribution to this report, their names will not be disclosed.