Kashmir Rights groups had also earlier said that it had found across dozen villages in the area around towns of Uri, Kupwara and Bandipora large numberunidentifi ed dead bodies in unmarked graves, which may be victims of Unlawfulkillings/ disappeared persons. On the above grounds, Human Rights Commissionof J&K took suo-moto cognizance of the matter on 9.4.2008, and notices wereissued to Jammu & Kashmir Govt through Financial Commissioner of Homedepartment, DC Bla, P/S Uri, Bijhama, Bonvar, Bandipora, Kupwara through DGPJ&K/DGP CID to fi le the reply/report, In addition to Sr. Supdt. of PoliceInvestigating Wing of the Commissiom to submit the report after conductingproper enquiry into the matter. ;
Consequently, an investigation team was constituted under the supervision of undersigned comprising of:-
l. Inspr Mohammad Yousuf
2. Inspr Baghwant Singh
3. Inspr Ashiq Hussain

4. Inspr Veer Singh
5. SI(S) Khalid Mehraj
6. ASI(M) Farooq Ahmad
8. HC Gh. Mohammad,
8. HC Aijaz Ahmad
9. Sg.Ct Gh. Qadir
10. Sg.Ct. Nazir Ahmad
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The team proceeded to Baramulla, Bandipora, Handwara and Kupwara districts to verify on ground the figures of unmarked graves.
During the course of enquiry, various witnesses at various places were crossexamined and their statements accordingly recorded. The team visited almost all the places in North Kashmir. At some places, though the witnesses corroborated verbally the existence of un-marked graves, but were not ready to record theirstatements in black and white due to their security concerns, as per their version.We have not included any statistics of un-marked graves given by such people inour report.

SUMMARY
Total number of un-identified dead bodies (Claimed to be dead bodies ofunidentified militants by local Police & handed over to locals for their burial) invarious un-marked graveyards of North Kashmir = 2730
Dead bodies identified later on as of locals out of the preceding figure = 0574
Number of dead bodies identified as locals & shifted to their native graveyards after exhumation = 017
Number of dead bodies identified as locals but still buried in the above mentioned graveyards = 0557
Number of dead bodies still buried in the above mentioned graveyards as un-identified = 2156
Number of graves comprising of more than one dead body = 018+
Number of dead bodies charred = 020
Number of dead bodies comprising of only skulls = 005
Agency No. of unmarked No. of unidentified dead Remarks
grave sites considered. bodies buried in unmarked
graves.

Local Police Whole North Kashmir 464 09 unidentified
(Distt Police) dead bodies
Baramulla recovered from
Bandipora river Jehlum
Kupwara and included in
Handwara 464
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APDP/IPTK
Baramulla 35 1013
Bandipora 08 82
Kupwara 14 1278
Handwara
Total 57 2373
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Police investigation wing of SHRC
J&K Srinagar
Baramulla 21 851
Bandipora 03 14
Kupwara 03 14
Handwara 11 1277
Total 38 2156
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Different version with respect to the number of unidentified dead bodies buried in unmarked graves:-
(A) Local Police comprising of District Police Baramulla, Bandipora, Handwara and Kupwara :-
As reported by the local police of North Kashmir only 464 unidentified dead bodies are buried in various un-marked graves at various places in North Kashmirwhich includes 09 unidentifi ed dead bodies recovered from River Jehlum. (Annexures X & Y enclosed)
(B) APDP/IPTK
The organization has surveyed the North Kashmir and found 57 places where un-marked graves exist. The unidentified dead bodies buried at these 57 places are23.73. (Annexures 1,2 & 3 enclosed)
(C) Police Investigating Wing of SHRC J&K Sgr:-
Whereas the Investigating Team of Commission visited almost all the places leaving a few .The number of unidentified dead bodies buried in un-marked graves at various places in North Kashmir exceeds the fi gure i.e. 2373 as provided byAPDP/IPTK. The locals have verbally corroborated existence of unmarked’ graves at various places in North Kashmir. But at some places witnesses got their statements recorded in black and white and at other places they did not get recorded their statements in black and white due to the apprehension of fear of torture and atrocities by Armed/Security agencies. Therefore, we have considered the statistical data’s of 38 places only where people got their statements recorded in black and white and amounts to 2730 unidentified dead bodies, out of which 574 unidentified dead bodies have been later on identified as of locals thereby leaving behind the remainder of unidentified dead bodies still buried in un-marked graves as 2156.
The above 574, were first buried as dead bodies of unidentified militants in various unmarked graves in North Kashmir. But they were later on identified asdead bodies of locals and 17 were shifted to their native grave yards after exhumation while as 557 were allowed to remain buried there.
Perusal of the above facts and various statistical data’s, implies as under;-
? It is beyond doubt that un-marked graves containing unidentified dead bodies do exist at various places in North Kashmir.
? At 38 places visited by the Police Investigating Wing of the Commission in North Kashmir, still 2156 unidentified dead bodies are buried in these un-marked graves.
? Maximum unidentified dead bodies handed over by local police to local population for their burial were having bullet injuries, a few defaced, 20 charred ,05 dead bodies comprising of only skulls and in more than 18 graves more than one unidentified dead bodies are buried.
? The local police while handed-over the unidentified dead bodies to locals for burial, was claiming them to be the dead bodies of unidentified militants but later on out of 2730 unidentified dead bodies, 574 were identified as the dead bodies ofl ocals by their NOK’s at these 38 places visited by Police Investigating Wing.
? Out of the above 574 dead bodies 17 were shifted to their native grave yards after exhumation and 557 were allowed to remain there, already buried. The Government accounts for only 464 unidentified dead bodies in North Kashmir, butnot accounting for the remainder (2156-464)=1692. The response of 464 has beenmade to this offi ce communication no.SP/SHRC/Camp/101 dt. 22.3.2010,correspondence no CRS/RW/30/2010/ 12563 dated 22.3.2010 6& CRB/HR/09/17784-86 dated 15.7.2009.
Even for 464 unidentified dead bodies which the Government is accounting for, as per the report of local police of North Kashmir, they have not maintained any identification profile, so that same could be compared with identifi cation profi lesof NOKs of variou disappeared persons in the Valley to negate/ establish any link.This office has written to various SHOs of North Kashmir under intimation to

IGP Kashmir vide this office letter No.SHRC/PIW/2011/708-798 dated 27.5.2011followed by reminders vide no. SHRC/PIW/2011/839-64 dated 6.6.20-11 and no.SHRC/PIW/2011/939-962 dated 21.6.2011 whether the identifi cation profiles in respect of 464 unidentifi ed dead bodies have been maintained or not, but no replyhas been received till this time (copies enclosed). There is every probability thatthese unidentified dead bodies (2156) buried in various unmarked graves at 38places of
North Kashmir may contain the dead bodies of enforced disappearances because,574 have been already identified as the dead bodies of locals out of 2730 unidentified dead bodies. The fact is further supported by the information provided by APDP/IPTK vide annexures-3 which envisages as under:-
“There have been some cases where police claims have been falsified ‘and thereby increases the probability that these unidentified dead bodies may be those of disappeared persons(Annexures-3 enclosed).”
The only way to negate or affirm the preceding statement is to compare the DNA profiles of those unidentified dead bodies buried in various un-marked graves at various places of North Kashmir with the DNA profiles of NOKs of enforced disappearances (Disappeared person)
? If the Local police of North Kashmir has already maintained DNA profiles with respect to 464 unidentifi ed dead bodies then we have to prepare the DNA profi leswith respect to (1692) unidentified dead bodies only. If not then we have toprepare the DNA profi les with respect to 2156 unidentifi ed dead bodies buried inunmarked graves at various places of North Kashmir -from their dead remains and compare the same with the DNA profi les of NOKs of disappeared persons (listenclosed) as submitted by APDP/IPTK, who have responded to this office communication no. SHRC/PIW/PA/2010/452 dated 6.12.2010 vide theircommunication no. nil dated 6.6.2011.
? This is further evident (as per the version of APDP/IPTK) that unmarked graves comprising of unidentified dead bodies, are not only in north Kashmir but are widespread in other districts like Shopian, Srinagar, Anantnag, Budgam,Ganderbal, Doda, Poonch and Rajouri, also.
Scope for DNA extraction from dead remains of these un-identified dead bodies buried in unmarked graves of North Kashmir is still very bright. As the time willgo on to elapse, chances will be more and more reduced. The Commission should pass an order with ‘rections to do the needful as soon as possible so that the identity of disappeared persons and those un-identifi ed dead bodies buried innameless grave may be established or negated. The DNA sampling techniques can be supplemented by other techniques like dental examination, distinctive medical characteristics, finger prints, and physical description etc.
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“Even in case of victims of natural disaster recognizing/identification is compulsory for legal, religious, cultural and other reasons. Human beings have the right not to loose their identity after death and identification is of vital importance for Police Investigation”-In present case, legal implications are more involved therefore their identification becomes more vital.
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Wm. Gladstone has said, “Show me the manner in which a nation cares for its dead and I will measure with mathematical exactness, the tender mercy of its people, their respect for the law of the land and their loyalty to high ideals.”
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> It is the prime duty of a democratic state who cares for upholding of human rights and has respect for the law of the land, to eliminate the doubt/claim thatwhether these unidentifi ed dead bodies (2156) are the dead bodies of disappearedperson or not. If the claim/doubt (apprehension that these un-identifi ed deadbodies, buried in un-marked graves at various places of North Kashmir can bedead bodies of disappeared persons)is not addressed/neutralized by the scientific method ( comparison of DNA profi les of un-identified dead bodies buried in un-marked graves of North Kashmir with NOK’s of Disappeared persons) then it hasto be assumed/presumed that State wants to remain silent deliberately to hide the Human Rights violations otherwise there should be no problem to negate/affi rmthe claim/doubt.
> Immediate steps should be taken to negate/confirm the claim as mentioned above, till that time Govt, should be directed to ensure the protection of the nameless graves 85 avoid their desecration/destruction.
> A proper FIR should be got registered keeping in view the claim and investigated thoroughly by an impartial agency- not only in north Kashmir but throughout the State wherever such unmarked graves are existing.
> If none of the above two steps are taken then State should be directed to go for suitable compensation to NOKs of all the disappeared/missing persons (not less than seven lacs-keeping in view the inflation of the present time) and take immediate steps for their proper rehabilitation.

A copy of this report is provided courtesy of KashmirLife.