Cover Story |
Wounded Valley
An all–India fact–finding team reports that serious human rights abuses continued in J&K throughout the ceasefire period A fact–finding committee of eleven activists from five civil, democratic and human rights organisations visited J&K from May 5, 2001 to May 31, 2001. The purpose of the visit was to assess the true facts regarding the state of human rights in the Valley and in Doda district of the Jammu region during the ceasefire period that lasted about six months, and to seek the views of the people of the state regarding the ongoing political process vis–a-vis the ‘Kashmir issue’. The team met and spoke to the Kashmiri Pandit refugees living in the camp in Nagrota, Jammu. It visited eight villages in Pulwama, Srinagar, Budgam and Baramulla districts as well as the towns of Sopore and Srinagar and talked to a large number of people to investigate a total of nine incidents of human rights violations by the army/paramilitary/ police. It visited the towns of Doda, Kishtwar, and two villages of Doda tehsil in Doda district and gathered information concerning a large number of human rights violations. The team also spoke to prominent personalities of the state such as Ved Bhasin, Balraj Puri, APHC leaders Abdul Gani Lone and Abdul Gani Bhat, and the MLA from Bijbehara, Mehbooba Mufti. The team also spoke to the chief secretary of J&K, the SSP, Pulwama district and deputy commissioner, Pulwama district. It spoke to journalists, professors at Kashmir University and teachers at Govt. Women’s College, Srinagar, lawyers the Association of Parents of Disappeared Persons in the Valley as well as citizens groups in both the Valley and Doda. Before we go to the details it is necessary to mention the opinions we gathered regarding the actual nature of the ceasefire at the ground level. It is a matter of record that as soon as the government of India announced the ceasefire, more properly called ‘Non–Initiation of Combat Operations’ (NICO), on November 25, 2000, the DGP of J&K, AK Suri went to press with the statement that NICO applies only to the central forces and not the state police, in particular the Special Operations Group (SOG), also called the Special Task Force (STF), which is the anti-insurgency wing of the state police. Accordingly, in many places army camps were replaced by
SOG camps. Regarding the army too, a common opinion heard was that it honoured
the ceasefire only for the first month or so. It appears that the extent
to which the ceasefire was observed varied according to the local commander’s
interpretation of the government of India’s declared policy. Most people
said that it is only at the LoC that ceasefire was consistently observed.
1. Custodial Killings:
Ø On May 19, 2001, the SOG of J&K police killed Aijaa Ahmed Kitab of Ilahi Bagh, Buchpora, Srinagar. He was a former militant who had spent 6 years in jail. His kidneys were severely damaged as a consequence of torture he suffered for a total of 60 days at the hands of the cargo unit of SOG and the police of MR Ganj Srinagar in April–May 1998. While in jail he was not provided with police escort to visit the hospital for requisite tests and treatment in spite of an order by the state human rights commission. He was finally released on bail in a sick condition on October 17, 2000, and continued to take treatment for his badly damaged kidneys. He joined the J&K Democratic Freedom Party of Shabir Shah, a party that functions purely legally. He got married on April 1, 2001. His wife is a police constable. On May 19, 2001 at about 4.00 pm he was picked up by the SOG in a Maruti car bearing the number JK.OIA7973 followed by some ‘Gypsies’. His wife came to know of this at 8.15 pm. But all her efforts to save his life using her police connections were in vain and Kitab was shot dead at 10.00 p.m. the same day. Ø Mohd. Ismail Kaloo of Chattabal, Srinagar was picked up by SOG at Darisli Kadal, Srinagar on May 17, 2001 at about 10.00 am. A militant by name Niyaz Ahmed Shah was also apparently picked up along with him. Kaloo was brought to his house on the evening of the same day by the SOG and the house was searched, destroying part of the roof and the household goods. His family members were told to take a look at him for the last time since they would not see him again. Both of them were shot dead at Harwan late that night. Ø Sheraz Ahmad Khan of Dagpora, Shopian tehsil Pulwaina district was a 17–year–old student at Shopian. On May 17 he went to college as usual and in the evening went to a neighbouring village Dangorn along with a friend. That night there was a crackdown by the BSF on Dangorn, in the course of which they took into custody Khan as well as one Mohd. Syed Malik, another teenager of Dangorn. They killed both of them and threw their bodies outside the house of one Abdul Rashid Sheikh. That house, as well as the neighbouring house of Mohd Abdul Wani, was riddled with bullets by the BSF, endangering the lives of the residents of the houses. When the villagers saw the bodies the next morning they found Khan’s ankles and wrists tied up with ropes. In all these cases the forces explained the killing as an ‘encounter with armed militants’. But in the first three cases, there are eye–witnesses to testify that the victims were taken into custody prior to killing. In the last cases there is strong circumstantial evidence to the same effect. 2. Vengeance Killings:
b) On May 9, 2001, at Magam on the Srinagar–Gulmarg road in Budgam district, there was a blast near the BSF camp at about 6.30 pm. It was the handiwork of a Fidayeen by name Shoukat Ahmed Khanday, who pushed an ice–cream cart to the BSF camp and blew himself up along with some people there. The BSF immediately started firing. Eight civilians and one BSF officer died at that spot. It is not clear how many of the eight civilians died in the blast and how many in the firing by the BSF but what is certain is that the BSF then went around in the village firing indiscriminately and killed two civilians. One was an auto rickshaw driver, Ghulam Mohd. Dar, resident of Qamarwari, Srinagar, who had the misfortune to enter the village at just about that time with some passengers in his vehicle. Another was Ghulam Mohd. Bhat, a resident of Magam, who happened to be walking past the police thana. Passengers of a bus coming from Srinagar to Magam at that time told the team that the BSF also fired on their bus. They had also witnessed the auto rickshaw driver being shot. These instances are typical of the retaliatory killing of civilians that the armed forces have frequently resorted to in Kashmir whenever they have been attacked by the militants. That they continue to happen, and happened repeatedly in the ceasefire period shows that the army has learnt nothing from the widespread criticism of its totally unjustifiable reaction. It is worth mentioning that the people of Magam are very upset that the attack which took place the next day on the press persons has received international attention and condemnation, and the army, too, is said to have initiated some action in that regard, whereas the killing of innocent civilians of the village has found no response whatsoever, though the village has been observing a total and continuous hartal till the day of our team’s visit. 3. Army Firing:
The protest demonstration of February 15 took place in protest against this. Army trucks which came along the highway were also stopped by the protestors. Some jawans got down and beat the people with rifle butts. The SHO Sopore who was there along with his men pleaded with the army men not to do anything as he would persuade the people to leave. The army men did not heed him. They open fire killing four (two men and two women). This firing was totally unjustified and contrary even to the draconian Armed Forces (Special Powers) Act. The Act envisages the armed forces assisting civilian forces and not supplanting them. When the SHO Sopore specifically asked the army men to leave it to him, they had no business to take any action for dispersing the gathering, much less firing upon them. 4. Rape:
Ø Molestation and rape of women in the Doda region by the army and the STP is routine. In the course of a day in the Doda district we heard of at least 20 instances of grave molestation and rape over the last two years. As this was the first human rights team to visit the area, we heard of cases of gang rape prior to the ceasefire period, in which even when women have complained and an FIR lodged, they are being pressurised daily to withdraw charges. One such case was that of the gang rape of 43–year–old Raja Begum, wife of Mohamad Shafi, and her 16-year–old daughter, Gulshan Bano, at Baldarri, Doda. The soldiers of 322 ADA picked up the two of them after a grenade burst near their house in mid–April 1999 when the men were away. They first assaulted them in the house and then took them to the camp at Goha where they were kept for five days, continuously blindfolded and raped repeatedly. Then they were released to the custody of the Doda and Bhaderwah police where they were detained for eight days. Though a medical examination was done all evidence was tampered with — for instance, Gulshan Bano’s salwar with bloodstains was taken away by the army. An FIR was lodged only after protest and demonstration by the people and the case is still pending trial. Raja’s sons have subsequently been picked up and detained in the Joint Interrogation Centre and tortured to prevent the victims from giving evidence. Ø On October 30, 2000 about 25–30 women of Bihota accompanied by eight or nine men went to protest against the overnight detention of Amina, wife of Nazir Ali Wani of Bihota in the Butungul camp of the 14 Bihar Regiment. A majority of the women who went to protest were gravely assaulted and molested by large groups of soldiers inside the camp and released only after five hours. The men were detained and tortured. A deputation went to the DC to lodge a complaint but no action has been taken subsequently. 5. Torture & Begar in the camps:
Forced labour or begar is extensively resorted to in this
area. If a camp of the army or the SOG is set up in a village, residents
of that and neighbouring villages must provide unpaid labour in sweeping,
cleaning and especially bringing logs of wood from the forest. In winter
months, they have to clear the snow. People are detained in the camp for
days together, beaten and forced to labour without payment.
The people of the Doda villages also complained of extensive destruction of houses and despoiling of household goods, including foodstuffs. Every time there is a raid, the people suffer such destruction leading to loss of thousands of rupees worth of property. Before going on to list out the demands we wish to place before the concerned authorities, we would like to deal with four matters. One is the response of the authorities, both civil and military, to complaints of human rights violations by the forces. The second is the injury frequently caused by the militants to the civilian population by the use of explosives such as IEDs in public places. The third is the use of anti–personnel mines by the army. And the fourth is the opinion expressed by the people about the ongoing political process. In recent times, the army has taken well–publicised action in a few select cases against its officers guilty of rights violations. In the incidents referred to above, some action has reportedly been taken in three cases: the Haigam firing, the manhandling of the press at Magam and the molestation of one woman at Alia Waripora. This is of course better than nothing, but what is objectionable is that it is left to the army’s own choice as to when and what action it takes. From the information we have, it is apparent that the army picks and chooses the cases, going mainly by the quantum of public protest and negative reporting in the press. In areas such as Doda, Rajouri, Poonch and even interior areas of the Valley such as Kupwara district, there is little possibility of big protests being built up and therefore no action is taken. In cases where the army can plausibly blame the victims of links with militancy, no action is deemed to be necessary since the allegation, in the eyes of the army, retrospectively justifies the atrocities they have commuted. A good instance of this unjustified discrimination is the taking of action at Magam for the attack on the press but not the killing of villagers. In general, not a single case of custodial killing has
resulted in any action against the officers responsible, since unlike in
a case of firing upon demonstration the victim of a custodial killing can
be easily called a militant.
With particular reference to ‘encounter’ killings, we found from our discussion with the SSP, Pulwama that the report of the forces stating that the deceased was a militant and was killed in self-defence is taken as the final truth. This is totally contrary to the guidelines issued by the National Human Rights Commission (NHRC) in February 1997. The NHRC has said that any such report must in fact be treated as revealing a cognisable offence committed by the forces, and it should be investigated independently. These mandatory guidelines are not being followed at all in J&K. The use of explosives, in particular IEDs by the militants in public places has frequently resulted in severe and fatal injury to civilians not at all involved in the conflict. Causing injury to noncombatants cannot be condoned under any conditions, and we condemn the same. The army, too, is using anti–personnel mines around its cantonments and camps to prevent surprise attacks by militants. While we fully appreciate the army’s need to take precautions, using such mines which can and do cause injury to civilians cannot at all be accepted. Though we did not actually meet any person who was injured by these mines, we heard of a number of instances of loss of life and limb due to these mines deployed along the LoC and around the army camps in Kupwara and Baramulla districts. Their use by the Indian army is particularly reprehensible when the UN has been making efforts to enforce a worldwide ban on such mines. Regarding the ongoing political process we elicited opinions from all sections of the people. Without exception everyone has responded positively to the forthcoming talks between India and Pakistan. Again without exception they’ve all said that the talks will be meaningless and indeed a farce if representatives of the people of Jammu and Kashmir are not involved. Regarding the nature of such representation we could not get any uniform view. While some believed that the APHC is an adequate representative of the people of J&K, others vehemently contested that. But all were emphatic that the talks should take place in an atmosphere of peace and should involve the people of J&K and should result in a conclusion acceptable to them. We demand that :
Ø The retaliatory killing of civilians in revenge attacks upon the forces by the militants must stop. Ø The army personnel guilty of extra–judicial killing and molestation of women must be prosecuted forthwith so that the people are assured that the rule of law rather than the rule of the gun is operative. Ø The army must necessarily function under the civil authority whenever civilians are involved. Ø Whenever an inquiry is held or an investigation is undertaken into human rights violations by the army in a particular locality, the armed force units in that locality must be removed in the interests of an impartial investigation. Ø In all incidents of human rights violation by the armed forces, the accused personnel must be tried in the ordinary criminal courts in the interest of justice. Court martial is an internal matter of army with the object of maintaining discipline and should have no place in trial of criminal offences amounting to human rights violations. Ø NHRC guidelines pertaining to the method of the investigation of alleged encounters must be strictly followed whether in the case of the police or the armed forces. Ø Forces such as the S0G which has acquired a reputation for being a killer squad must be strictly disciplined. The practice of enrolling surrendered militants who have committed gross offences such as murder in the SOG is totally illegal and violative of rule of law. Ø People’s right to hold peaceful protest and demonstrations and to exercise all democratic rights must be respected. Ø Widespread harassment of women which is part of the violence unleashed by the armed forces has created fear and insecurity among the women of the Valley. The security of women must receive the highest priority from the administration. Ø Since the ceasefire was ineffective and even that has been lifted, a genuine ceasefire which would help bring peace to the Valley is imperative. But it should be part and parcel of a sincere political process that will involve the people of J&K and resolve the issue expeditiously and justly. Ø The army should immediately remove all the mines placed around its cantonments and camps and stop using such devices which are internationally condemned. Finally we have just come to know after reaching Delhi today that the people of the mountain villages of Doda tehsil (Bihota and Mungola) who spoke to us on May 31 have been picked up and tortured by the 8 RR yesterday to punish them for having expressed their woes to us. They were particularly victimised for talking about the incident of rape and molestation of women of Bihota by the 14 Bihar Regiment on October 30, 2000. We unequivocally condemn this victimisation of the people. The PUDR team consisted of the following persons: Shahana Bhattacharya, Bela Bhatia, Rakesh Shukla, Dr. Uma Chakravarthi, Dr. Svati Joshi (PUDR), MV Krishniah (Organisation for Protection of Democratic Rights – OPDR, Andhra Pradesh), Shakeel (Peoples Democratic Forum-PDF, Karnataka), A Dasaratha and D Suresh Kumar (Andhra Pradesh Civil Liberties Committee), B Ramulu, K Balagopal (Human Rights Forum – HRF, Andhra Pradesh). |