This report finds that one of the main reasons behind the human rights crisis in Kashmir is the government's unwillingness to take steps to curb abuses by its security personnel. In fact, in the vast majority of cases, members of the security forces have not been held criminally liable for abuses that include torture, rape and murder. When punishments have been given, they have been limited to administrative disciplinary measures. Despite complaints by medical workers in Kashmir about violations of medical neutrality, assaults on health professionals and other actions by the security forces to deliberately obstruct health services, there has been no response from the government.
Topics: historical background, applicable international law, violations of medical neutrality by governmental forces, preventing medical personnel from transporting the wounded, refusal by security forces to provide or permit medical care for wounded, raids on hospitals, detentions, harassments and assaults on healthcare workers, torture- the medical evidence, torture victims with acute renal failure, additional torture cases, other medical consequences of the conflict, militant abuses
Terms: harassment of medical workers, harassment of human rights defenders, denial of right to life, denial of right to healthcare, custodial torture, custodial killings, excessive use of force, torture of doctors
Security forces have also repeatedly raided hospitals and other medical facilities, even paediatric and obstetric hospitals. During these raids, the security personnel have forced doctors at gunpoint to identify recent trauma patients. Because of their injuries, the security forces have suspected these patients of militant activity. Injured patients have been arrested from hospitals, in some cases after being disconnected from intravenous medications or other treatments. The security forces have also discharged their weapons within hospital grounds and inside hospitals, and have entered operating theatres and destroyed or damaged medical supplies, transports and equipment. Doctors and other medical staff frequently have been threatened, beaten and detained. Several have been shot dead while on duty; others have been tortured.
Many of those seeking medical care are released detainees who have been subjected to torture. In fact, virtually everyone taken into custody by the security forces in Kashmir is tortured. Torture is practiced to coerce detainees to reveal information about suspected militants or to confess to militant activity. It is also used to punish detainees who are believed to support or sympathize with the militants and to create a climate of political repression. The practice of torture is facilitated by the fact that detainees are generally held in temporary detention centers, controlled by the various security forces, without access to the courts, relatives or medical care.
Attacks by armed militant groups on members of the Hindu community in Kashmir since 1990 and attacks on those Muslims who are seen as opponents of the militants, drove many professionals, including medical personnel, to flee Kashmir. Their departure has had a devastating effect on medical services in the state. In addition, militant groups have assassinated numerous civilians suspected of being informers. These have included health professionals suspected of giving information on injured militants to officials. These killings constitute grave violations of international law.
February 1993
Originally published
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