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The US-based international
Human Rights group Human Rights Watch (HRW) has welcomed the judicial inquiries
into the alleged fake encounter killings in Kashmir
but has expressed its scepticism "given the government's track
record".
"We hope that the Indian
government will surprise us with speedy and credible investigation", HRW
has said adding that the government must launch a credible and independent
investigation into all disappearances and fake encounters since 1989 in the state. The
Rights watchdog has further said that India has signed on February 6 a new United Nations treaty to
combat forced disappearances.
HRW has made particular
reference to the recent investigation wherein body of Abdul Rahman Paddar and
four other persons, allegedly killed in custody and fake encounter, were
exhumed for forensic examination. "Recent revelations have confirmed what
families in Kashmir have been alleging all
along. The Indian security forces have 'disappeared' countless people in Jammu and Kashmir since
1989 and staged fake encounter killings while fabricating claims that those
killed were militants."
It has further said: "The
Association of the Parents of Disappeared Persons in Jammu and Kashmir (APDP), fearing that their
relatives might have met the same fate, is now calling for an investigation
into all "disappearances." The APDP alleges that more than 10,000
people are missing in Jammu and
Kashmir. The government has admitted that nearly
4,000 people are missing, but claims that some of them may have crossed into Pakistan to
join militant groups. Until now, authorities have denied all responsibility for
the fate and whereabouts of the "disappeared" persons in response to
habeas corpus petitions." The remaining text of the report released in New York on Thursday
reads as follows:
Officially, the government has always
denied allegations of staging fake encounter killings. However, according to
Indian security officials who have spoken to Human Rights Watch on condition of
anonymity, fake encounter killings are a common occurrence. Fake encounter
killings are even encouraged through decorations, gallantry citations or
promotions of personnel credited for the death of "militants."
However, it has long been alleged that these incentives lead to abuses,
including the murder of innocents, as happened in the case of Abdul Rahman
Paddar.
When there are public demonstrations
protesting a fake encounter killing, the official response usually is to offer
an oral assurance of an inquiry, though these rarely happen. If such inquiries
are seldom made public. If any action is taken against those found responsible,
that too is rarely made public.
Human Rights Watch
urged the Indian authorities to establish an independent commission on
"disappearances" and fake encounter killings, one that is empowered
to compel both the testimony of state agents and the disclosure of documents.
According to the ADPD, many families have not filed missing person complaints
because they fear retribution from the security forces.
"To end the vicious cycle of
violence and mistrust, Kashmiris have to be able to trust that their complaints
will be heard and addressed."
Human Rights Watch said that to prevent "disappearances"
and fake encounter killings, the government should also strengthen and enforce
laws and policies that protect detainees from torture and other mistreatment,
including strict implementation of requirements that all detainees be brought
before a magistrate or other judicial authority empowered to review the
legality of an arrest within 24 hours.
Establish a centralized
register or detainees, accessible to lawyers and family members.
Respond promptly to
habeas corpus petitions in cases of alleged "disappearances."
Take swift and public
action against all state officials who have obstructed or ignored judicial
orders to produce detainees in court.
Take all feasible
measures to accounts for persons reported missing as a result of armed conflict
and provide information to their family members.
Allow the International
Committee of the Red Cross to undertake the full range of its protection
activities in Jammu and Kashmir,
including giving it full access to all army and paramilitary interrogation and
detention centres.
Promptly ratify and
implement the International Convention for the Protection of All Persons from
Enforced Disappearance, which India
signed on February 6, the date the treaty was opened for signature.
We commend India for signing the new
international convention on enforced disappearances. Ratifying and implementing
it would go a long way toward showing Kashmiris that the government is
committed to ending Human Rights abuses there.
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