Third-party content reporting violations of international law in Indian-Administered Jammu and Kashmir.
This report by Amnesty International focuses on the failures in accountability for human rights violations by security force personnel in Indian-Administered Jammu and Kashmir (IAJK). It especially focuses on the abuse of the Armed Forces Special Powers Act (AFSPA) in denying justice to the victims of violations of human rights for the last 25 years. Impunity is a long-standing problem in IAJK. The lack of political will to account for past and present actions of the security forces, including the state police, is fortified by legislation and aggravated by other obstacles to justice, especially for those who lack financial resources or education. To date, not a single alleged perpetrator of a human rights violation has been prosecuted in a civilian court. Victims and their families routinely face intimidation and threats from the security forces when attempting to bring cases against soldiers.The climate of impunity encourages human rights violations to continue. Faith in the government and judiciary is almost non-existent in IAJK.
Topics: historical context, legal context, sanction for prosecution and legalized impunity, military injustice, obstruction of investigations by security forces, conclusions and recommendations, the Indian military justice system
Terms: Armed Forces Special Powers Act (AFSPA), failure to investigate violations, failure to prosecute violations, legalized impunity, failure of accountability, lack of transparency, military justice, denial of due process, denial of fair process, denial of access to justice, lack of judicial independence, lack of judicial recourse, delay in registering violations, refusal to cooperate with investigations, lack of information regarding investigations, corruption, intimidation, pressuring families to withdraw complaints, reprisals for reporting violations, custodial killing of Javaid Ahmad Magray, Pathribal case, Zahid Farooq Sheikh case, Machil case, enforced disappearances of Mushtaq Ahmad Dar and Mushtaq Ahmad Khan, state legal impunity, legal impunity for security forces, failure of judicial system, lack of reparations and redress, harassment of human rights defenders, international human rights law, international humanitarian law, denial of right to free and fair trial, enforced disappearances, custodial torture, extrajudicial killings, custodial rape
Originally published
July 2015
This report by Amnesty International focuses on the failures in accountability for human rights violations by security force personnel in Indian-Administered Jammu and Kashmir (IAJK). It especially focuses on the abuse of the Armed Forces Special Powers Act (AFSPA) in denying justice to the victims of violations of human rights for the last 25 years. Impunity is a long-standing problem in IAJK. The lack of political will to account for past and present actions of the security forces, including the state police, is fortified by legislation and aggravated by other obstacles to justice, especially for those who lack financial resources or education. To date, not a single alleged perpetrator of a human rights violation has been prosecuted in a civilian court. Victims and their families routinely face intimidation and threats from the security forces when attempting to bring cases against soldiers.The climate of impunity encourages human rights violations to continue. Faith in the government and judiciary is almost non-existent in IAJK.
Topics: historical context, legal context, sanction for prosecution and legalized impunity, military injustice, obstruction of investigations by security forces, conclusions and recommendations, the Indian military justice system
Terms: Armed Forces Special Powers Act (AFSPA), failure to investigate violations, failure to prosecute violations, legalized impunity, failure of accountability, lack of transparency, military justice, denial of due process, denial of fair process, denial of access to justice, lack of judicial independence, lack of judicial recourse, delay in registering violations, refusal to cooperate with investigations, lack of information regarding investigations, corruption, intimidation, pressuring families to withdraw complaints, reprisals for reporting violations, custodial killing of Javaid Ahmad Magray, Pathribal case, Zahid Farooq Sheikh case, Machil case, enforced disappearances of Mushtaq Ahmad Dar and Mushtaq Ahmad Khan, state legal impunity, legal impunity for security forces, failure of judicial system, lack of reparations and redress, harassment of human rights defenders, international human rights law, international humanitarian law, denial of right to free and fair trial, enforced disappearances, custodial torture, extrajudicial killings, custodial rape
Originally published
July 2015
This report describes the September 2014 floods in Indian-Administered Jammu and Kashmir (IAJK), focusing on the ways in which the political economy and ecology of India's militarized governance enabled a humanitarian disaster and made it a practical inevitability. The report describes disaster management and flood management in IAJK from historical, legal, economic, ecological and political lenses. It is based on field research conducted from 15 September 2014 to early December 2014.
Topics: Indian occupation of Jammu and Kashmir, military occupations and international environmental law, disasters and social marginality, the river and the valley, political economy of flood management in Kashmir, floods of 2014, militarisation, ecology, disasters, massive military deployment and the occupation of land, militarised development, disaster management, flood control department, urban planning and development, reconstruction and infrastructure, the impact of flooding, the health care deluge, the 'normalcy' narrative, civil administration in disarray, survival and rescues, relief, resistance
Terms: chronology of 2014 floods, criminal negligence of occupyng power, illegal changes to prevailing order in occupied territory, violations of international humanitarian law, ecological ramifications of militarized occupation, ecological negligence, illegal occupation of land, expropriation of land, environmental impact of occupation, lack of disaster preparedness, ecological degradation, climate change, jingoistic reportage, denial of international aid, development as counter-insurgency.
Originally published
April 2015
This report describes the September 2014 floods in Indian-Administered Jammu and Kashmir (IAJK), focusing on the ways in which the political economy and ecology of India's militarized governance enabled a humanitarian disaster and made it a practical inevitability. The report describes disaster management and flood management in IAJK from historical, legal, economic, ecological and political lenses. It is based on field research conducted from 15 September 2014 to early December 2014.
Topics: Indian occupation of Jammu and Kashmir, military occupations and international environmental law, disasters and social marginality, the river and the valley, political economy of flood management in Kashmir, floods of 2014, militarisation, ecology, disasters, massive military deployment and the occupation of land, militarised development, disaster management, flood control department, urban planning and development, reconstruction and infrastructure, the impact of flooding, the health care deluge, the 'normalcy' narrative, civil administration in disarray, survival and rescues, relief, resistance
Terms: chronology of 2014 floods, criminal negligence of occupyng power, illegal changes to prevailing order in occupied territory, violations of international humanitarian law, ecological ramifications of militarized occupation, ecological negligence, illegal occupation of land, expropriation of land, environmental impact of occupation, lack of disaster preparedness, ecological degradation, climate change, jingoistic reportage, denial of international aid, development as counter-insurgency.
Originally published
April 2015
This report of a three-member team of the J&K High Court Bar Association's visit to Tihar Jail (he largest prison complex in Asia) in New Delhi on February 2-3, 2015 to meet Kashmiri detainees/prisoners and ascertain the condition of their imprisonment. There were approdimately 21 such prisoners in Tihar Jail at that time. Contrary to court orders, the team was only allowed to visit 5 prisoners. The reports indivudual cases of detainees/prisoners who are being mistreated and denied fundamental rights. After returning to the valley, the Bar issued a statement detailing their interactions. From their statements it is evident that Kashmiri prisoners are being discriminated against and mistreated- they are deprived of jail facilities and visitation rights; additionally, Kashmiri prisoners are denied the right to have their cases tried in NIA courts without any good reason.
Topics: mistreatment of Kashmiri prisoners, violations of fundamental rights
Terms: TADA, NIA Act, RTI Act, TADA Court, NIA Court, torture, inhuman treatment, BSF Camp Chawla, Section 268 Criminal Procedure Code, fabricated evidence, manufactured cases, false implication, indefinite detetnion, violation of prisoner’s rights, discrimination against Kashmiris outside Kashmir, prisoner mistreatment, arbitrary detention, denial of medical treatment, illegal imprisonment, perventive detention, revolving detention, denial of due process, denial of legal representation, Muzaffar Ahmad Dar, Mushtaq Ahmad Lone, Yaqoob s/o Shukrain, Mohammad Siddiq Ganai, Mohammad Rafiq Shah, Ameer Abbas Dev, Mohammad Ghulam Jeelani Liloo, Mahmood Topiwala, Shafaqat Ali Tuggu, Tariq Ahmad Dar, Mohammad Shafi Shah, Waseem Akram Malik, Mohammad Farooq Dagga, Latief Ahmad, Ghulam Ahmad Khaja, Mohammad Rafiq, Ahtisham Farooq Malik, Muhammad Aslam, Tawseef Ahmad Pir, Mohammad Hussain Fazili, denial of access to justice, discrimination against Kashmiris, National Investigation Agency (NIA), violation of habeas corpus, denial of a fair trial,
Originally published
April 2015
This report of a three-member team of the J&K High Court Bar Association's visit to Tihar Jail (he largest prison complex in Asia) in New Delhi on February 2-3, 2015 to meet Kashmiri detainees/prisoners and ascertain the condition of their imprisonment. There were approdimately 21 such prisoners in Tihar Jail at that time. Contrary to court orders, the team was only allowed to visit 5 prisoners. The reports indivudual cases of detainees/prisoners who are being mistreated and denied fundamental rights. After returning to the valley, the Bar issued a statement detailing their interactions. From their statements it is evident that Kashmiri prisoners are being discriminated against and mistreated- they are deprived of jail facilities and visitation rights; additionally, Kashmiri prisoners are denied the right to have their cases tried in NIA courts without any good reason.
Topics: mistreatment of Kashmiri prisoners, violations of fundamental rights
Terms: TADA, NIA Act, RTI Act, TADA Court, NIA Court, torture, inhuman treatment, BSF Camp Chawla, Section 268 Criminal Procedure Code, fabricated evidence, manufactured cases, false implication, indefinite detetnion, violation of prisoner’s rights, discrimination against Kashmiris outside Kashmir, prisoner mistreatment, arbitrary detention, denial of medical treatment, illegal imprisonment, perventive detention, revolving detention, denial of due process, denial of legal representation, Muzaffar Ahmad Dar, Mushtaq Ahmad Lone, Yaqoob s/o Shukrain, Mohammad Siddiq Ganai, Mohammad Rafiq Shah, Ameer Abbas Dev, Mohammad Ghulam Jeelani Liloo, Mahmood Topiwala, Shafaqat Ali Tuggu, Tariq Ahmad Dar, Mohammad Shafi Shah, Waseem Akram Malik, Mohammad Farooq Dagga, Latief Ahmad, Ghulam Ahmad Khaja, Mohammad Rafiq, Ahtisham Farooq Malik, Muhammad Aslam, Tawseef Ahmad Pir, Mohammad Hussain Fazili, denial of access to justice, discrimination against Kashmiris, National Investigation Agency (NIA), violation of habeas corpus, denial of a fair trial,
Originally published
April 2015
This report, released on the 24th anniversary of the February 23, 1991 mass rape and mass torture by the Indian Army in Kunan-Poshpora describes the impact of violence and trauma on the women of Indian-Administered Jammu and Kashmir. As per the report, “rape, outrage of modesty and other forms of violence against women in the last 25 years have been used as a weapon of war in Kashmir.”
Topics: rape and sexual violence as weapon of war, Kunan and Poshpora incident, health of women in Kashmir, infertility, psychiatric problems, stigmatization of rape
Terms: mental health impact, custodial rape, 1991 Kunan-Poshpora mass rape, post-traumatic stress disorder, rape as torture, sexual violence, violence against women, legalized impunity, half widows, Rajputana Rifles, Indian Army, State Human Rights Commission, J. Tashi Rabstan
Originally published
February 2015
This report, released on the 24th anniversary of the February 23, 1991 mass rape and mass torture by the Indian Army in Kunan-Poshpora describes the impact of violence and trauma on the women of Indian-Administered Jammu and Kashmir. As per the report, “rape, outrage of modesty and other forms of violence against women in the last 25 years have been used as a weapon of war in Kashmir.”
Topics: rape and sexual violence as weapon of war, Kunan and Poshpora incident, health of women in Kashmir, infertility, psychiatric problems, stigmatization of rape
Terms: mental health impact, custodial rape, 1991 Kunan-Poshpora mass rape, post-traumatic stress disorder, rape as torture, sexual violence, violence against women, legalized impunity, half widows, Rajputana Rifles, Indian Army, State Human Rights Commission, J. Tashi Rabstan
Originally published
February 2015
The study undertaken by PIPFPD (a forum set up by social activists from Pakistan and India in order to increase interaction) investigated how ceasefire violations impact those who live in the border areas of Jammu and Kashmir. Among its many findings, it finds that relief camps are often far away from firing points, people feel that army bunkers are safer than relief camps, schools are often shut down for weeks to a month when firing occurs, relief camps often operate on school campuses, commute routes are shut down, damages to property are never compensated, people are not aware of safety mechanisms and first aid measures, hospital and medical facilities are inadequate and people live in constant fear.
Topics: background, context of the fact finding mission, terms of reference, constitution of the team, visit of the team, denial of permission by the Indian Army to access the villages along the LoC, meeting with spokespersons of BSF and Jammu Frontier, testimonies from the local border communities, findings, recommendations
Terms: Border Security Force (BSF), ceasefire violations, lack of medical care, right to life, right to compensation, political propaganda, border skirmishes, civilian casualties, Line of Control (LoC), Jammu Frontier
Originally published
December 2014
The study undertaken by PIPFPD (a forum set up by social activists from Pakistan and India in order to increase interaction) investigated how ceasefire violations impact those who live in the border areas of Jammu and Kashmir. Among its many findings, it finds that relief camps are often far away from firing points, people feel that army bunkers are safer than relief camps, schools are often shut down for weeks to a month when firing occurs, relief camps often operate on school campuses, commute routes are shut down, damages to property are never compensated, people are not aware of safety mechanisms and first aid measures, hospital and medical facilities are inadequate and people live in constant fear.
Topics: background, context of the fact finding mission, terms of reference, constitution of the team, visit of the team, denial of permission by the Indian Army to access the villages along the LoC, meeting with spokespersons of BSF and Jammu Frontier, testimonies from the local border communities, findings, recommendations
Terms: Border Security Force (BSF), ceasefire violations, lack of medical care, right to life, right to compensation, political propaganda, border skirmishes, civilian casualties, Line of Control (LoC), Jammu Frontier
Originally published
December 2014