International People’s Tribunal on Human Rights and Justice in Indian-Administered Kashmir (IPTK)
November 23, 2023

This report by the IPTK (formed by Indian human rights activists for the purpose of probing human right violations in Indian-administered Jammu and Kashmir) analyzes fake encounters, whereby the state justifies escalated militarization by linking Kashmiri civilians to “foreign terror”. The report concludes that such claims enable state impunity.

Topics: Indian Armed Forces discourses of terrorism and fake encounters, extrajudicial executions at Machil, disappearance, murder, profit motive, investigation and obfuscation, recommendations, international humanitarian law and the use of force
Terms: extrajudicial killings, arbitrary detention, excessive use of force, fake encounters, Village Defence Committees (VDCs), Machil Murders of Shahzad Ahmad, Riyaz Ahmad and Mohammad Shafi, enforced disappearances, extrajudicial kidnappings, Armed Forces Special Powers Act (AFSPA), Unlawful Activities (Prevention) Act (UAPA), Disturbed Areas Act, Jammu and Kashmir Public Safety Act (PSA), Ranbir Penal Code, Terrorist and Disruptive Activities (Prevention) Act (TADA)


Credible and independent investigations must be undertaken into all enforced disappearances and staged killings since the conflict began. The names of those disappeared between 1989-2009 should be rendered into the public domain. The details of any investigations undertaken into these disappearances should be rendered into the public domain. Further, a full-scale investigation must be commissioned under provisions of the Commissions of Inquiry Act, 1952, and/or other relevant laws, to inquire into the disappearances within a stipulated and reasonable timeframe. As well, on the matter of disappearances, we also note that certain militants who have surrendered to the security forces have been disappeared in violation of Habeas Corpus, and that the chain of

violations in these cases should be investigated.

United Nations Human Rights Committee, European Court of Human Rights, and the Inter-American Commission and Court of Human Rights have used international human rights law in contexts of non-international armed conflict as well as in areas under occupation and disputed areas. International human rights law explicitly states that states may apply lethal force only in situations where such use is imperative and necessary to contend with the amount of force being perpetrated. International humanitarian law urges the adoption of a law enforcement framework, and the mandate to make arrests whenever possible. The United Nations Human Rights Committee asks that the right to life be protected by law (Article 6, UN Doc. HRI\GEN\1\Rev.1 at 6 [1982]; University Centre for International Humanitarian Law, 2005). Even with respect to proportionality and the use of disproportionate force on persons perpetrating force, international human rights law argues that a state must respect the right to life. Fake encounter killings in Indian-administered Kashmir repeatedly break this agreement.

Link to Original Article

June 2010

Originally published

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