Third-party content reporting violations of international law in Indian-Administered Jammu and Kashmir.

Dead But Not Forgotten Survey on People Killed Since 1989-2006 in Baramulla District of Jammu Kashmir

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

Jammu Kashmir Coalition of Civil Society

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

December 2007

Dead But Not Forgotten Survey on People Killed Since 1989-2006 in Baramulla District of Jammu Kashmir

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

Jammu Kashmir Coalition of Civil Society

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

December 2007

India: Bureau of Democracy, Human Rights, and Labor 2006

This report by the US State Department in 2006 found that major problems included extrajudicial killings of persons in custody, disappearances, torture and rape by police and security forces. The lack of accountability permeated the government and security forces, creating an atmosphere in which human rights violations often went unpunished. Although the country has numerous laws protecting human rights, enforcement was lax and convictions were rare. Poor prison conditions, lengthy pretrial detention without charge, and prolonged detentions while undergoing trial remained significant problems. Government officials used special antiterrorism legislation to justify the excessive use of force while combating terrorism and active, violent insurgencies in Jammu and Kashmir and several northeastern states. Security force officials who committed human rights abuses generally enjoyed de facto impunity, although there were investigations into individual abuse cases as well as punishment of some perpetrators by the court system.

Topics: respect for human rights, disappearance, torture, denial of fair public trial, civil judicial procedures and remedies, respect for civil liberties, freedom of speech and press, freedom of religion, freedom of movement, refugee protection, governmental attitude regarding international and nongovernmental investigation of alleged violations of human rights, women, children

Terms: excessive use of force, illegal abductions, arbitrary detention, extrajudicial killings, enforced disappearances,  custodial torture, custodial killings, state impunity, army impunity, Border Security Forces (BSF), Rashtriya Rifles (RR), custodial rape, rape as a weapon, violation of habeas corpus, right to trial, Unlawful Activities (Prevention) Act (UAPA), Armed Forces Special Powers Act (AFSPA), Jammu and Kashmir Public Safety Act (PSA)

U.S. Department of State

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

March 2007

India: Bureau of Democracy, Human Rights, and Labor 2006

This report by the US State Department in 2006 found that major problems included extrajudicial killings of persons in custody, disappearances, torture and rape by police and security forces. The lack of accountability permeated the government and security forces, creating an atmosphere in which human rights violations often went unpunished. Although the country has numerous laws protecting human rights, enforcement was lax and convictions were rare. Poor prison conditions, lengthy pretrial detention without charge, and prolonged detentions while undergoing trial remained significant problems. Government officials used special antiterrorism legislation to justify the excessive use of force while combating terrorism and active, violent insurgencies in Jammu and Kashmir and several northeastern states. Security force officials who committed human rights abuses generally enjoyed de facto impunity, although there were investigations into individual abuse cases as well as punishment of some perpetrators by the court system.

Topics: respect for human rights, disappearance, torture, denial of fair public trial, civil judicial procedures and remedies, respect for civil liberties, freedom of speech and press, freedom of religion, freedom of movement, refugee protection, governmental attitude regarding international and nongovernmental investigation of alleged violations of human rights, women, children

Terms: excessive use of force, illegal abductions, arbitrary detention, extrajudicial killings, enforced disappearances,  custodial torture, custodial killings, state impunity, army impunity, Border Security Forces (BSF), Rashtriya Rifles (RR), custodial rape, rape as a weapon, violation of habeas corpus, right to trial, Unlawful Activities (Prevention) Act (UAPA), Armed Forces Special Powers Act (AFSPA), Jammu and Kashmir Public Safety Act (PSA)

U.S. Department of State

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

March 2007

Kashmir: Violence and mental health

This report details the results of a study done by MSF in 2006 on the impact of violence on the mental health of Kashmiris.

Topics: state violence, mental health

Terms: sexual violence, rape, molestation, reprisals, humiliation, intimidation, threat of violence, intimidation, state terror, crackdowns, raids, arson, property destruction, torture, anxiety, distress, suicidal ideation, stress, physical health

Médecins Sans Frontières

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

December 2006

Kashmir: Violence and mental health

This report details the results of a study done by MSF in 2006 on the impact of violence on the mental health of Kashmiris.

Topics: state violence, mental health

Terms: sexual violence, rape, molestation, reprisals, humiliation, intimidation, threat of violence, intimidation, state terror, crackdowns, raids, arson, property destruction, torture, anxiety, distress, suicidal ideation, stress, physical health

Médecins Sans Frontières

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

December 2006

"Everyone Lives in Fear" Patterns of Impunity in Jammu and Kashmir

In this report, Human Rights Wacth documented "serious abuses, especially the targeting of civilians, by both government forces and militants in Jammu and Kashmir. Those abuses continue, despite a tentative peace process that includes talks between New Delhi, Islamabad, and some of Kashmir's separatist leaders, modest confidence-building measures between India and Pakistan, and the 2002 election of a state government with an avowed agenda to improve the human rights situation. Particular attention is given in this report to the problem of impunity from prosecution, whereby those responsible for abuses rarely get investigated, let alone tried and convicted.

Topics: legal causes of abuses and impunity, failure of accountability, continuing impunity, militant abuses

Terms: Section 45 of Criminal Procedure Code, Section 197 of Criminal Procedure Code, Disturbed Areas Act, Armed Forces Special Powers Act, Public Safety Act, Gawkadal, Maulvi Farooq, Beijbehara killings, Jalil Andrabi, Chattisinghpora massacre, killings, disappearances, torture, arbitrary detention

Human Rights Watch

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2006

"Everyone Lives in Fear" Patterns of Impunity in Jammu and Kashmir

In this report, Human Rights Wacth documented "serious abuses, especially the targeting of civilians, by both government forces and militants in Jammu and Kashmir. Those abuses continue, despite a tentative peace process that includes talks between New Delhi, Islamabad, and some of Kashmir's separatist leaders, modest confidence-building measures between India and Pakistan, and the 2002 election of a state government with an avowed agenda to improve the human rights situation. Particular attention is given in this report to the problem of impunity from prosecution, whereby those responsible for abuses rarely get investigated, let alone tried and convicted.

Topics: legal causes of abuses and impunity, failure of accountability, continuing impunity, militant abuses

Terms: Section 45 of Criminal Procedure Code, Section 197 of Criminal Procedure Code, Disturbed Areas Act, Armed Forces Special Powers Act, Public Safety Act, Gawkadal, Maulvi Farooq, Beijbehara killings, Jalil Andrabi, Chattisinghpora massacre, killings, disappearances, torture, arbitrary detention

Human Rights Watch

Posted to KLJP

September 17, 2024

Historical Reports

Originally published

September 2006

India Briefing on the Armed Forces (Special Powers) Act, 1958

The Armed Forces (Special Powers) Act, 1958 (AFSPA) a law operative in “disturbed areas”, including large parts of the Northeast region of India and Jammu Kashmir, has facilitated grave human rights abuses, including extrajudicial execution, “disappearance”, rape and torture by bestowing sweeping powers on the armed forces in these areas.The Act violates non-derogable provisions of international human rights law, including the right to life, the right to remedy and the rights to be free from arbitrary deprivation of liberty and from torture and cruel, inhuman or degrading treatment or punishment (ill-treatment) as enshrined in the International Covenant on Civil and Political Rights (ICCPR), to which India is a state party since 1979, and other treaties and standards. Amnesty International welcomes the review of this Act by the Government of India and calls on the Government of India to repeal the AFSPA and ensure that all future legislation is in line with international human rights standards.

Topics: violation of the right to life, violation of the right to liberty and security of person, torture, ill-treatment and “disappearances”, violation of the right to remedy, an undeclared state of emergency for undefined reasons and for unlimited periods

Terms: March 1996 enforced disappearance of Jalil Andrabi, Armed Forces (Special Powers) Act (AFSPA), custodial rape, custodial torture, excessive use of force, mass human rights atrocities, legal impunity, extortion and killing of civilians, violation of habeas corpus, impunity, enforced disappearances,

Amnesty International

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

May 2005

India Briefing on the Armed Forces (Special Powers) Act, 1958

The Armed Forces (Special Powers) Act, 1958 (AFSPA) a law operative in “disturbed areas”, including large parts of the Northeast region of India and Jammu Kashmir, has facilitated grave human rights abuses, including extrajudicial execution, “disappearance”, rape and torture by bestowing sweeping powers on the armed forces in these areas.The Act violates non-derogable provisions of international human rights law, including the right to life, the right to remedy and the rights to be free from arbitrary deprivation of liberty and from torture and cruel, inhuman or degrading treatment or punishment (ill-treatment) as enshrined in the International Covenant on Civil and Political Rights (ICCPR), to which India is a state party since 1979, and other treaties and standards. Amnesty International welcomes the review of this Act by the Government of India and calls on the Government of India to repeal the AFSPA and ensure that all future legislation is in line with international human rights standards.

Topics: violation of the right to life, violation of the right to liberty and security of person, torture, ill-treatment and “disappearances”, violation of the right to remedy, an undeclared state of emergency for undefined reasons and for unlimited periods

Terms: March 1996 enforced disappearance of Jalil Andrabi, Armed Forces (Special Powers) Act (AFSPA), custodial rape, custodial torture, excessive use of force, mass human rights atrocities, legal impunity, extortion and killing of civilians, violation of habeas corpus, impunity, enforced disappearances,

Amnesty International

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

May 2005