This is a brief on the rape and murder of Asiya Jan and Neeolofar Jan, that took place in Shopian, Kashmir in May 2009.

Topics: context, events, obstruction of justice through security and military apparatus, obstruction of justice through state apparatus and police inaction, witness and forensic statements, systemic impediments to rule of law, commission of inquiry findings, state of exception and security forces, civil society dissent and the events in perspective

Terms: legalized impunity, May 2009 rape and murder of Asiya Jan and Neelofar Jan, excessive use of force, extrajudicial killings, inadequacy of judicial system, lack of reparations, denial of redress, denial of access to justice, state obstruction of justice, manipulation of evidence, milatarization, surveillance, failure to investigate, sexual violence, abduction, killing

This report examines the adequacy of legal process afforded to victims bringing human rights claims against the government; it seeks to assess whether the Kashmiri judicial system operates in accordance with international human rights standards.

Topics: overview of abuses and human rights standards, the legal system fails to respond to claims against security forces, failure to convict, granting the option of military trial, influence of intelligence agencies, judicial failure to enforce orders, lack of impartial judicial decisionmaking, the legal system fails to respond to habeas corpus petitions, detention orders, lack of access to courts, circumvention of due process, breakdowns in enforcement, re-arresting detainees to prevent release, refusal to acknowledge custody of detainees, failure to issue contempt orders, failure to monitor release orders

Terms: normalcy, paradox of democracy, international standards, executive and military prerogatives, murder of Jalil Andrabi, Chattisinghpora Massacre, failure to investigate, refusal to participate in investigations and prosectuions, ignoring contempt orders, denial of effective remedies, inordinate delay as a tactic to obviate remedy, procedural double standards, habeas corpus, revolving detention, First Information Report (FIR), Armed Forces Special Powers Act (AFSPA), Section 197 of the Criminal Procedure Code, Section 45 of the Criminal Procedure Code, Pathribal extrajudicial killing case, Sex Scandal case, Brakpora mass killing, Bashir Ahmed Mir murder case, Intelligence Bureau (IB), Counter-Intelligence Kashmir (CIK), Bilal Nazqi, Bashir Ahmed Khan, TADA, Major Avtar Singh, Public Safety Act (PSA), Suhail Ahmad Kataria detention case, Khalida Akhtar detention case, Zaina revolving detention case, Rah brothers’ detention case, Mohammed Rustum Lone revolving detention case, Abdul Aziz Dar case, Begum Jan disappearance case, Manzoor Ahmad Dar disappearance case, Dodipora incident, Farooq Ahmed Dar v. State of J&K, High Court, Tanveer Ahmad Salay detention case, Abdul Majid Sofi detention case, Mohammad Ramzan Dar detention case, Mazur Zargar disappearance case 

This report monitors the conduct of the 2008 Jammu and Kashmir State Assembly elections in the context of ongoing military occupation. The report highlights the context in which the elections took place. Among its many findings it finds that blatant forms of rigging that were prevalent in previous elections were less prevalent in 2008. It also finds that 45% of respondents felt elections have no impact on resolving the Kashmir conflict, coercion to participate in elections was strong.

Topics: historical backdrop, total number of civilians killed in 2008, attack on media and journalists, local media banned, curfew and hartal in 2008 in Kashmir, extraordinary conditions under which electoral process was called for and carried out, monitoring election by region, data analysis

Terms: Jammu and Kashmir Public Safety Act (PSA), Armed Forces Special Powers Act (AFSPA), the Enemy Agent Ordinance (1948), The Egress and Internal Movement (control) Ordinance (1948), Prevention of Unlawful Activities Act (1963), Prevention of Suppression and sabotage Act (1965), rigged elections, coercion, denial of political rights, denial of free assembly, denial of political self-determination

A team of eleven human rights activists from Andhra Pradesh, Karnataka and Delhi toured the Kashmir Valley from 6th to 10th May 2007. The team spoke to the victims of and witnesses to twelve incidents of violent death at the hands of the police or the armed forces, or in the course of the action of the armed forces against militants. The team also spoke to a cross-section of activists and spokespersons of the Kashmir movement, and its friends. And to lawyers who have been dealing with cases of human rights violations.

Topics: introduction, what has changed, reduction in militancy, the ‘Ganderbal fake encounters’, the Pampore revolt, impunity of the police and armed forces

Terms: fake encounters, custodial killings, human shields, vengeance killing, detention of a juvenile, killing by “mistake”, self-determination, Ganderbal fake encounters, Pampore revolt, Papa Kishtwari, Armed Forces Special Powers Act (AFSPA), Jammu and Kashmir Public Safety Act (PSA), Masooda Parveen vs. Union of India, Abdul Ganie Lone interview

This report by JKCCS investigates the number of killings that took place between 1989-2006 in Baramulla district, Kashmir. One of the principal findings of the survey is that of the 5,106 people who were killed in Baramulla district between 1990 and 2007, a disproportionately high number of people belonged to the age group 18-35. This is the age group that comprises the principal breadwinners for most households. Thus it was not just lives lost, but livelihood too that was taken away, leaving whole families in penury. Of the total of 5,106 killed, nearly 50 per cent (2,508) were civilians and another 44 per cent (2,267) were militants. 3,634 people were killed from the 18-35 year age group. 

Topics: extrajudicial killings in Baramulla, custodial killings, targeting of youth, targeting of civilians, enforced disappearances, targeting of young men

Terms: extrajudicial killings, excessive use of force, custodial killings, custodial killing of civilians, custodial torture, enforced disappearances, state impunity, collective punishment, social and economic impact of killings