Indian authorities must release 14-year-old held in Kashmir without charge18 November 2010
Amnesty International has urged authorities in the Indian state of Jammu and Kashmir to release a 14-year-old child who has been detained without charge or trial for seven months, for allegedly taking part in anti-government protests.
The authorities claim that Mushtag Ahmad Sheikh was part of
a large crowd which threw stones at police and security forces in the state capital Srinagar in April, as part of the ongoing unrest in Kashmir.
Police say that Mushtag Ahmad Sheikh is 19-years-old but his family claim that he was born in 1996 and is 14-years-old. Prison records reportedly confirm that he is a child.
"Mushtaq Ahmad Sheikh must either be charged with a recognizable criminal offence or released immediately," said Sam Zarifi, Amnesty International’s Asia-Pacific Director.
"If he is charged, he should be treated in accordance with the UN Convention on the Rights of the Child, held and tried in special facilities for children."
Mushtaq Ahmad Sheikh was first arrested in Srinagar on 9 April. He was released on bail after eight days in custody and rearrested on 21 April.
His family was not officially told that he had been detained but found out about it through a local resident.
Initially held at Udhampur Jail, Mushtaq Ahmad Sheikh is now held at Kot Bhalwal Jail in Jammu.
Both prisons do not have special facilities for detaining children. Prison Conditions in Jammu are harsh with limited health care.
In May, Amnesty International raised Mushtaq Ahmad Sheikh's detention at a meeting with the Chief Minister of Jammu and Kashmir and the State Human Rights Commission. To date, despite their assurances, nothing appears to have been done.
Mushtaq Ahmad Sheikh is detained under the Jammu and Kashmir Public Safety Act – a law that allows the authorities to hold people for up to two years without any judicial review.
This year, at least 322 people are reported to have been detained without trial under the act. A number of them, including children, have been detained on similar grounds of stone throwing and rioting during protests against the Indian government.
Over the summer demonstrators in Jammu and Kashmir voiced their concerns about the lack of accountability of the security forces; the withdrawal of the Armed Forces (Special Powers) Act (AFSPA) and the removal of Army camps – along with the underlying demand of independence for Kashmir.
Amnesty International has urged authorities in the Indian state of Jammu and Kashmir to release a 14-year-old child who has been detained without charge or trial for seven months, for allegedly taking part in anti-government protests.
The authorities claim that Mushtag Ahmad Sheikh was part of
a large crowd which threw stones at police and security forces in the state capital Srinagar in April, as part of the ongoing unrest in Kashmir.
Police say that Mushtag Ahmad Sheikh is 19-years-old but his family claim that he was born in 1996 and is 14-years-old. Prison records reportedly confirm that he is a child.
"Mushtaq Ahmad Sheikh must either be charged with a recognizable criminal offence or released immediately," said Sam Zarifi, Amnesty International’s Asia-Pacific Director.
"If he is charged, he should be treated in accordance with the UN Convention on the Rights of the Child, held and tried in special facilities for children."
Mushtaq Ahmad Sheikh was first arrested in Srinagar on 9 April. He was released on bail after eight days in custody and rearrested on 21 April.
His family was not officially told that he had been detained but found out about it through a local resident.
Initially held at Udhampur Jail, Mushtaq Ahmad Sheikh is now held at Kot Bhalwal Jail in Jammu.
Both prisons do not have special facilities for detaining children. Prison Conditions in Jammu are harsh with limited health care.
In May, Amnesty International raised Mushtaq Ahmad Sheikh's detention at a meeting with the Chief Minister of Jammu and Kashmir and the State Human Rights Commission. To date, despite their assurances, nothing appears to have been done.
Mushtaq Ahmad Sheikh is detained under the Jammu and Kashmir Public Safety Act – a law that allows the authorities to hold people for up to two years without any judicial review.
This year, at least 322 people are reported to have been detained without trial under the act. A number of them, including children, have been detained on similar grounds of stone throwing and rioting during protests against the Indian government.
Over the summer demonstrators in Jammu and Kashmir voiced their concerns about the lack of accountability of the security forces; the withdrawal of the Armed Forces (Special Powers) Act (AFSPA) and the removal of Army camps – along with the underlying demand of independence for Kashmir.
Document - India: Urgent need for Government to act as death toll rises in Kashmir
AMNESTY INTERNATIONAL PUBLIC STATEMENT
AI: Index: ASA 20/027/2010
17 September 2010
With an increasing death toll in protests in Kashmir, Amnesty International calls on the Indian authorities to take urgent steps to ensure respect for the right to life and to investigate past killings of demonstrators by police.
With two more protestors shot dead today, Amnesty International urges the Indian government to immediately instruct the security forces not to use firearms against demonstrators. Security forces should use the minimum force necessary to defend themselves or others against an imminent threat of death or serious injury. They should not employ intentional lethal use of firearms except where such use is strictly unavoidable in order to protect life.
Ninety-six people have been killed since June when protests broke out in Jammu and Kashmir after the killings of three young men, reportedly by the security forces, in March. The vast majority of these killings have been at the hands of police and paramilitary forces.
An inquiry ordered by the authorities into 11 of the deaths by shooting in July has failed to make headway. Amnesty International renews its call to the government to initiate an independent, impartial and thorough investigation into all the killings. Members of the security forces responsible for excessive use of force in demonstrations should be brought to justice.
In the last week alone, at least 23 people were killed and 80 others injured in shootings by the state police and the Central Reserve Police Force (CRPF) paramilitary personnel. Protestors defied curfew regulations, held demonstrations and often clashed with the security personnel.
Protests in several places turned violent as demonstrators hurled stones at the security forces in the last week. Reports about threats to burn the Quran in the United States increased tensions. Demonstrators attacked two Christian schools and a hospital, burning one of the schools.
At the same time human rights activists in Srinagar told Amnesty International that on a number of occasions the security forces shot protestors who were throwing stones at them.
A number of towns in the Kashmir valley including Srinagar have been under 24 hour curfew for the last five days.
Information about these events has been restricted as a result of strict enforcement of the curfew regulations. Journalists have informed Amnesty International that, despite possessing curfew passes issued by the authorities, they have been prevented by the police and the paramilitary personnel from leaving their homes. With journalists unable to report on the situation, a number of regional television stations and newspapers have suspended their work.
Any restrictions on the rights to freedom of movement or freedom of expression imposed for the protection of public order should only be such as are necessary and proportionate for that purpose and should be consistent with the state’s other human rights obligations. In view of the key role of journalists in facilitating exercise the right to freedom of expression, which includes the right to receive information. Amnesty International calls on the Indian authorities to ensure that journalists can obtain curfew passes and are not harassed or otherwise obstructed while carrying out their professional functions of reporting and imparting information on issues of public concern.
More public protests have been announced for 21 September by the All Party Hurriyat Conference (APHC), one of the largest political formations in Jammu and Kashmir. This underlines the urgency for the Indian authorities to instruct the security forces not to use lethal force when dealing with demonstrations.
The demonstrations began in late May over the reported extrajudicial execution of three young men by the Army at Machil in Baramulla district. Protests increased after 17-year old Tufail Mattoo was killed by security forces in Srinagar during a demonstration on 11 June. They have intensified during repeated cycles of protests and further killings of demonstrators by security forces.
The demonstrators have raised various concerns about the lack of accountability of the security forces; the withdrawal of Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) 1958; the removal of Army camps – along with an underlying demand of independence for Kashmir.
The AFSPA, which gives special powers of immunity to the security forces, has been in force in parts of Jammu and Kashmir since 1990. The Central Government is currently debating the withdrawal of the AFSPA from a few of its districts.
One of the key demands of the state authorities and protesting organizations, namely the withdrawal of the AFSPA, does not appear to figure in the agenda of the all-party team from Delhi scheduled to visit Srinagar on 20 September.
Under the AFSPA, soldiers are protected from any legal proceedings unless specifically sanctioned by the Central Government. This rarely happens in practice, allowing armed forces personnel to violate human rights with impunity.
AI: Index: ASA 20/027/2010
17 September 2010
With an increasing death toll in protests in Kashmir, Amnesty International calls on the Indian authorities to take urgent steps to ensure respect for the right to life and to investigate past killings of demonstrators by police.
With two more protestors shot dead today, Amnesty International urges the Indian government to immediately instruct the security forces not to use firearms against demonstrators. Security forces should use the minimum force necessary to defend themselves or others against an imminent threat of death or serious injury. They should not employ intentional lethal use of firearms except where such use is strictly unavoidable in order to protect life.
Ninety-six people have been killed since June when protests broke out in Jammu and Kashmir after the killings of three young men, reportedly by the security forces, in March. The vast majority of these killings have been at the hands of police and paramilitary forces.
An inquiry ordered by the authorities into 11 of the deaths by shooting in July has failed to make headway. Amnesty International renews its call to the government to initiate an independent, impartial and thorough investigation into all the killings. Members of the security forces responsible for excessive use of force in demonstrations should be brought to justice.
In the last week alone, at least 23 people were killed and 80 others injured in shootings by the state police and the Central Reserve Police Force (CRPF) paramilitary personnel. Protestors defied curfew regulations, held demonstrations and often clashed with the security personnel.
Protests in several places turned violent as demonstrators hurled stones at the security forces in the last week. Reports about threats to burn the Quran in the United States increased tensions. Demonstrators attacked two Christian schools and a hospital, burning one of the schools.
At the same time human rights activists in Srinagar told Amnesty International that on a number of occasions the security forces shot protestors who were throwing stones at them.
A number of towns in the Kashmir valley including Srinagar have been under 24 hour curfew for the last five days.
Information about these events has been restricted as a result of strict enforcement of the curfew regulations. Journalists have informed Amnesty International that, despite possessing curfew passes issued by the authorities, they have been prevented by the police and the paramilitary personnel from leaving their homes. With journalists unable to report on the situation, a number of regional television stations and newspapers have suspended their work.
Any restrictions on the rights to freedom of movement or freedom of expression imposed for the protection of public order should only be such as are necessary and proportionate for that purpose and should be consistent with the state’s other human rights obligations. In view of the key role of journalists in facilitating exercise the right to freedom of expression, which includes the right to receive information. Amnesty International calls on the Indian authorities to ensure that journalists can obtain curfew passes and are not harassed or otherwise obstructed while carrying out their professional functions of reporting and imparting information on issues of public concern.
More public protests have been announced for 21 September by the All Party Hurriyat Conference (APHC), one of the largest political formations in Jammu and Kashmir. This underlines the urgency for the Indian authorities to instruct the security forces not to use lethal force when dealing with demonstrations.
The demonstrations began in late May over the reported extrajudicial execution of three young men by the Army at Machil in Baramulla district. Protests increased after 17-year old Tufail Mattoo was killed by security forces in Srinagar during a demonstration on 11 June. They have intensified during repeated cycles of protests and further killings of demonstrators by security forces.
The demonstrators have raised various concerns about the lack of accountability of the security forces; the withdrawal of Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) 1958; the removal of Army camps – along with an underlying demand of independence for Kashmir.
The AFSPA, which gives special powers of immunity to the security forces, has been in force in parts of Jammu and Kashmir since 1990. The Central Government is currently debating the withdrawal of the AFSPA from a few of its districts.
One of the key demands of the state authorities and protesting organizations, namely the withdrawal of the AFSPA, does not appear to figure in the agenda of the all-party team from Delhi scheduled to visit Srinagar on 20 September.
Under the AFSPA, soldiers are protected from any legal proceedings unless specifically sanctioned by the Central Government. This rarely happens in practice, allowing armed forces personnel to violate human rights with impunity.
India: Repeal Immunity Law Fueling Kashmir Violence
Full and Transparent Inquiry Needed to Address Years of Abuse
Human Rights Watch - September 17, 2010
(New York) - Indian political leaders scheduled to visit Jammu and Kashmir on September 20, 2010, should call for the immediate repeal of the Armed Forces Special Powers Act and a full and transparent inquiry into human rights abuses that underlie the current protests, Human Rights Watch said today. The state government should release the findings of its inquiry into allegations of excessive use of force during the ongoing protests in Kashmir.
On September 15, Prime Minister Manmohan Singh summoned all political parties to the meeting in Delhi to discuss the continuing demonstrations in Indian-administered Kashmir. This week security forces shot and killed at least 20 people during often-violent protests following reports that the Quran had been desecrated in the United States. The protesters attacked government buildings, including police stations, and burned down a Christian school.
"The political parties should loudly endorse the immediate repeal of the Armed Forces Special Powers Act," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "The immunity this law gives security forces not only leads to widespread abuse, but actually hurts the armed forces by protecting members who commit crimes instead of rewarding the ones who respect human rights."
The Armed Forces Special Powers Act, or AFSPA, grants the military wide powers to arrest without warrant, shoot to kill, and destroy property in so-called "disturbed areas." It also protects military personnel responsible for serious crimes from prosecution, creating a pervasive culture of impunity.
The situation in the Kashmir valley has been tense since the extrajudicial killings of three villagers by the army in April, followed by the killing of a teenager by police in Srinagar in June. State authorities have repeatedly placed several parts of the valley under curfew to contain the protests. Demonstrators have thrown stones at security personnel and destroyed public and private property. To contain the rioters, the police have sometimes used excessive force, causing deaths and injuries with live bullets, rubber bullets, and tear gas canisters. Each death has led to a fresh round of demonstrations and further violence. At least 94 people have died since June.
Human Rights Watch expressed grave concern for the attacks on Christian schools and urged the authorities to take the necessary measures to provide adequate protection to threatened private buildings.
In July, the Jammu and Kashmir state government ordered an inquiry into allegations that police firing on demonstrators used excessive force. Nearly 2,000 security personnel have been injured in attacks by demonstrators. Human Rights Watch called upon the authorities to abide by and implement the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which provide that all security forces shall, as far as possible, apply nonviolent means before resorting to the use of force and firearms. Whenever the lawful use of force and firearms is unavoidable, the authorities must use restraint and act in proportion to the seriousness of the offense. Lethal force may only be used when strictly unavoidable to protect life.
"The protests have at times been violent, but the security forces need to respond as professional law enforcers," Ganguly said. "When the security forces unnecessarily use lethal force, especially against teenagers and even children, they make a bad situation far worse."
Human Rights Watch also called for a prompt, impartial, and transparent inquiry into allegations of human rights abuses, including torture, custodial killings, and enforced disappearances over the past two decades. Even in cases in which the government ordered investigations, the findings were not made public, and hardly any prosecutions were ordered. Repeated calls for the government to conduct a comprehensive inquiry and prosecute those responsible have gone unheeded.
"Political leaders should endorse a transparent inquiry, with a deadline for completing it and with prompt prosecutions where crimes were committed, because Kashmiris have repeatedly been left without any justice," Ganguly said. "Kashmiri leaders calling for protests should take steps to ensure that they are peaceful."
Indian authorities must investigate online video of Kashmir detainee abuse
12 September 2010
Amnesty International has urged Indian authorities to carry out an effective investigation into a video clip that appears to show detainees in Kashmir being stripped and humiliated by security forces.
The three-minute clip, described on social networking sites as "Kashmir’s Abu Ghraib video", apparently shows Jammu and Kashmir police and Central Reserve Police Force personnel herding at least four naked young men to a nearby police station.
"This behaviour is in clear violation of the universal and absolute right to freedom from torture and other cruel, inhuman or degrading treatment or punishment," said Donna Guest, Deputy Director of Amnesty International's Asia-Pacific programme.
The video, apparently recorded by one of the security personnel, has since been removed from social networking sites, including Facebook and YouTube, after the Jammu and Kashmir police reportedly began legal action against the publishers of what it termed a “baseless and malicious clip”.
It is unclear when the clip was recorded, although it was reportedly taken in the north-western town of Sopore.
The recorded conversation in Hindi-Urdu suggests that the security force personnel suspected the young men of being involved in throwing stones at the security forces, and that they had been caught after a long chase.
Amnesty International has consistently received reports of torture and other ill-treatment of detainees in various police stations and interrogation centres in Jammu and Kashmir. Such accounts have often included men being stripped naked and humiliated by security force personnel.
The Indian Parliament is currently debating new legislation criminalizing torture and the Indian Home Minister P Chidambaram has said the video will be investigated.
However, a statement by Jammu and Kashmir Police to local media indicated that a formal case had been registered against the clip's distributors.
“The approach of the local police raises serious concerns. Instead of investigating and identifying the perpetrators of the humiliating treatment, the police appear to be more concerned about who uploaded and circulated the video clip," said Donna Guest.
"The Indian and Jammu and Kashmir authorities must ensure that the content of the clip is subjected to an independent, impartial and effective investigation. Any officials who are suspected of offences involving human rights violations should be prosecuted in fair trials.”
Jammu and Kashmir authorities urged to end detention of lawyers
21 July 2010
The Jammu and Kashmir state government must immediately end the preventive detention of the leaders of the Jammu and Kashmir High Court Bar Association, Amnesty International said on Wednesday.
Mian Abdul Qayoom, the President of the Bar Association and Ghulam Nabi Shaheen, its General Secretary, have been arbitrarily detained under the J&K Public Safety Act (PSA) since 7 July and 18 July 2010 respectively.
The vaguely formulated PSA allows for detentions of up to two years without charge or trial on the presumption that future acts harmful to the state may be committed.
"The detention of the Bar Association leaders appears to be an attempt to stifle legitimate and peaceful protest, as part of the ongoing crackdown by the authorities in parts of Kashmir," said Sam Zarifi, Asia-Pacific Director at Amnesty International
The grounds of detention prepared by the Srinagar District Magistrate relating to Mian Qayoom allege he is attempting to turn the Bar Association into "a secessionist outfit" indulging in "illegal activities".
Four previous criminal cases registered involving Mian Qayoom between October 2008 and June 2010 are also mentioned in the document which accuses him of instigating recent protests that have reportedly left at least 18 people dead.
"The state administration has resorted to preventive detention under the PSA, which subverts the judicial process," Zarifi said. "If the government has criminal charges to bring, it should do so in a properly constituted criminal trial where Mian Qayoom will have the protections afforded under the law, for instance, the ability to post bail."
The official grounds of detention against Mian Qayoom state that he is being detained for questioning the conduct of government security forces and for his political views.
Reports indicate the General Secretary of the Bar Association, Ghulam Nabi Shaheen, is being detained on similar grounds as well as for organizing public rallies seeking the release of Mian Qayoom.
"The arbitrary use of the PSA to detain government critics is yet another demonstration of why this law must be repealed," Zarifi said.
The Kashmir valley has witnessed mass public protests over the past several months, initially over the extrajudicial executions of three men at Machil, Baramulla district, and subsequently by killings of protesters by Central Reserve Police Force personnel.
At least 18 people, many of them teenagers, were allegedly killed during a crackdown on protests that began on 11 June 2010.
Amnesty International has previously demanded that the Indian authorities avoid excessive use of force and investigate all the deaths due to the shootings.
The State administration has also responded by placing a large number of people in preventive detention instead of charging and trying them – including those reportedly suspected of throwing stones at the police and others suspected of inciting violence by posting inflammatory material online.
A number of political leaders have also been recently detained including Hurriyat Conference (G) chairman Syed Ali Geelani, and his aides Mohammad Ashraf Sahrai, Ayaz Akbar, Mohammad Yousuf Mujahid and Zafar Akbar Bhat. Prominent Kashmiri leaders including Shabbir Shah and Nayeem Ahmed Khan also continue to remain in detention under the PSA.
Document - India: Extrajudicial executions must be investigated and suspects prosecuted
AMNESTY INTERNATIONAL PUBLIC STATEMENT
AI Index: ASA 20/015/2010
08 June 2010
India: Extrajudicial executions must be investigated and suspects prosecuted
As investigations into the recent Machil killings continue, the Government of India must order thorough, effective investigations through independent and impartial bodies into all current and past allegations of extrajudicial executions in Jammu and Kashmir (J&K) as a first step towards ending impunity in the state, Amnesty International said today.
J&K police recently named an officer of the Indian Army and four Kashmiri men, including a reservist soldier, as suspects in the kidnapping and murder of three local youths. The killings took place in a remote area of Machil in Kupwara district along the Line of Control (LoC) with Pakistan on 29-30 April 2010.
The youths had reportedly been lured to the LoC to work as porters for the Army stationed there but were instead shot dead by the Army. The local police were informed that the three men were armed insurgents killed while attempting to infiltrate from Pakistan. The killings had reportedly been committed to secure cash rewards.
Following widespread protests, the bodies of the three youths – Shehzad Ahmad, Riyaz Ahmad and Mohammad Shafi – were exhumed last week. A judicial inquiry has been ordered by the State Government and the Army has also initiated an internal inquiry. In addition to suspending the suspected officer from the 4thBattalion of the Rajput regiment, the Army has also removed the Battalion’s Commanding Officer from his post. Neither of the officers however has so far been handed over to the police for investigation and prosecution.
The Indian Prime Minister, Manmohan Singh, is concluding a two-day visit to the state capital Srinagar. If his promise of “zero tolerance” of human rights violations is to have any significance, the Central and State Government needs to ensure that all persons suspected of involvement in the Machil killings, including Army soldiers and officers irrespective of rank, are brought to justice, in proceedings which meet international standards of fairness. The Government must also ensure that all incidents of suspected summary, extrajudicial or arbitrary executions are probed promptly, thoroughly and effectively through independent and impartial bodies in line with India’s obligations under international human rights law.
Amnesty International urges the Governments of India and Jammu and Kashmir to:
issue orders unequivocally prohibiting all extrajudicial, summary and arbitrary executions and clarifying that such acts will not be tolerated, and ensure that these orders are promulgated throughout the security forces;
remove all legal provisions including repealing the Armed Forces Special Powers (Jammu and Kashmir) act that grants immunity to security forces personnel and prevent prosecution of those suspected of responsibility for offences involving human rights violations, and ensure prosecution in proceedings which meet international fair trial standards;
ensure that the relatives of those found to be extrajudicially executed are granted full reparations, in accordance with international standards;
facilitate the long-standing requests for visits to India including Jammu and Kashmir, by the UN Special Rapporteur on Extrajudicial, summary or arbitrary executions, and the UN Working Group on Enforced or Involuntary Disappearances by setting dates for them to undertake missions in the near future.
Full and Transparent Inquiry Needed to Address Years of Abuse
Human Rights Watch - September 17, 2010
(New York) - Indian political leaders scheduled to visit Jammu and Kashmir on September 20, 2010, should call for the immediate repeal of the Armed Forces Special Powers Act and a full and transparent inquiry into human rights abuses that underlie the current protests, Human Rights Watch said today. The state government should release the findings of its inquiry into allegations of excessive use of force during the ongoing protests in Kashmir.
On September 15, Prime Minister Manmohan Singh summoned all political parties to the meeting in Delhi to discuss the continuing demonstrations in Indian-administered Kashmir. This week security forces shot and killed at least 20 people during often-violent protests following reports that the Quran had been desecrated in the United States. The protesters attacked government buildings, including police stations, and burned down a Christian school.
"The political parties should loudly endorse the immediate repeal of the Armed Forces Special Powers Act," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "The immunity this law gives security forces not only leads to widespread abuse, but actually hurts the armed forces by protecting members who commit crimes instead of rewarding the ones who respect human rights."
The Armed Forces Special Powers Act, or AFSPA, grants the military wide powers to arrest without warrant, shoot to kill, and destroy property in so-called "disturbed areas." It also protects military personnel responsible for serious crimes from prosecution, creating a pervasive culture of impunity.
The situation in the Kashmir valley has been tense since the extrajudicial killings of three villagers by the army in April, followed by the killing of a teenager by police in Srinagar in June. State authorities have repeatedly placed several parts of the valley under curfew to contain the protests. Demonstrators have thrown stones at security personnel and destroyed public and private property. To contain the rioters, the police have sometimes used excessive force, causing deaths and injuries with live bullets, rubber bullets, and tear gas canisters. Each death has led to a fresh round of demonstrations and further violence. At least 94 people have died since June.
Human Rights Watch expressed grave concern for the attacks on Christian schools and urged the authorities to take the necessary measures to provide adequate protection to threatened private buildings.
In July, the Jammu and Kashmir state government ordered an inquiry into allegations that police firing on demonstrators used excessive force. Nearly 2,000 security personnel have been injured in attacks by demonstrators. Human Rights Watch called upon the authorities to abide by and implement the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which provide that all security forces shall, as far as possible, apply nonviolent means before resorting to the use of force and firearms. Whenever the lawful use of force and firearms is unavoidable, the authorities must use restraint and act in proportion to the seriousness of the offense. Lethal force may only be used when strictly unavoidable to protect life.
"The protests have at times been violent, but the security forces need to respond as professional law enforcers," Ganguly said. "When the security forces unnecessarily use lethal force, especially against teenagers and even children, they make a bad situation far worse."
Human Rights Watch also called for a prompt, impartial, and transparent inquiry into allegations of human rights abuses, including torture, custodial killings, and enforced disappearances over the past two decades. Even in cases in which the government ordered investigations, the findings were not made public, and hardly any prosecutions were ordered. Repeated calls for the government to conduct a comprehensive inquiry and prosecute those responsible have gone unheeded.
"Political leaders should endorse a transparent inquiry, with a deadline for completing it and with prompt prosecutions where crimes were committed, because Kashmiris have repeatedly been left without any justice," Ganguly said. "Kashmiri leaders calling for protests should take steps to ensure that they are peaceful."
Indian authorities must investigate online video of Kashmir detainee abuse
12 September 2010
Amnesty International has urged Indian authorities to carry out an effective investigation into a video clip that appears to show detainees in Kashmir being stripped and humiliated by security forces.
The three-minute clip, described on social networking sites as "Kashmir’s Abu Ghraib video", apparently shows Jammu and Kashmir police and Central Reserve Police Force personnel herding at least four naked young men to a nearby police station.
"This behaviour is in clear violation of the universal and absolute right to freedom from torture and other cruel, inhuman or degrading treatment or punishment," said Donna Guest, Deputy Director of Amnesty International's Asia-Pacific programme.
The video, apparently recorded by one of the security personnel, has since been removed from social networking sites, including Facebook and YouTube, after the Jammu and Kashmir police reportedly began legal action against the publishers of what it termed a “baseless and malicious clip”.
It is unclear when the clip was recorded, although it was reportedly taken in the north-western town of Sopore.
The recorded conversation in Hindi-Urdu suggests that the security force personnel suspected the young men of being involved in throwing stones at the security forces, and that they had been caught after a long chase.
Amnesty International has consistently received reports of torture and other ill-treatment of detainees in various police stations and interrogation centres in Jammu and Kashmir. Such accounts have often included men being stripped naked and humiliated by security force personnel.
The Indian Parliament is currently debating new legislation criminalizing torture and the Indian Home Minister P Chidambaram has said the video will be investigated.
However, a statement by Jammu and Kashmir Police to local media indicated that a formal case had been registered against the clip's distributors.
“The approach of the local police raises serious concerns. Instead of investigating and identifying the perpetrators of the humiliating treatment, the police appear to be more concerned about who uploaded and circulated the video clip," said Donna Guest.
"The Indian and Jammu and Kashmir authorities must ensure that the content of the clip is subjected to an independent, impartial and effective investigation. Any officials who are suspected of offences involving human rights violations should be prosecuted in fair trials.”
Jammu and Kashmir authorities urged to end detention of lawyers
21 July 2010
The Jammu and Kashmir state government must immediately end the preventive detention of the leaders of the Jammu and Kashmir High Court Bar Association, Amnesty International said on Wednesday.
Mian Abdul Qayoom, the President of the Bar Association and Ghulam Nabi Shaheen, its General Secretary, have been arbitrarily detained under the J&K Public Safety Act (PSA) since 7 July and 18 July 2010 respectively.
The vaguely formulated PSA allows for detentions of up to two years without charge or trial on the presumption that future acts harmful to the state may be committed.
"The detention of the Bar Association leaders appears to be an attempt to stifle legitimate and peaceful protest, as part of the ongoing crackdown by the authorities in parts of Kashmir," said Sam Zarifi, Asia-Pacific Director at Amnesty International
The grounds of detention prepared by the Srinagar District Magistrate relating to Mian Qayoom allege he is attempting to turn the Bar Association into "a secessionist outfit" indulging in "illegal activities".
Four previous criminal cases registered involving Mian Qayoom between October 2008 and June 2010 are also mentioned in the document which accuses him of instigating recent protests that have reportedly left at least 18 people dead.
"The state administration has resorted to preventive detention under the PSA, which subverts the judicial process," Zarifi said. "If the government has criminal charges to bring, it should do so in a properly constituted criminal trial where Mian Qayoom will have the protections afforded under the law, for instance, the ability to post bail."
The official grounds of detention against Mian Qayoom state that he is being detained for questioning the conduct of government security forces and for his political views.
Reports indicate the General Secretary of the Bar Association, Ghulam Nabi Shaheen, is being detained on similar grounds as well as for organizing public rallies seeking the release of Mian Qayoom.
"The arbitrary use of the PSA to detain government critics is yet another demonstration of why this law must be repealed," Zarifi said.
The Kashmir valley has witnessed mass public protests over the past several months, initially over the extrajudicial executions of three men at Machil, Baramulla district, and subsequently by killings of protesters by Central Reserve Police Force personnel.
At least 18 people, many of them teenagers, were allegedly killed during a crackdown on protests that began on 11 June 2010.
Amnesty International has previously demanded that the Indian authorities avoid excessive use of force and investigate all the deaths due to the shootings.
The State administration has also responded by placing a large number of people in preventive detention instead of charging and trying them – including those reportedly suspected of throwing stones at the police and others suspected of inciting violence by posting inflammatory material online.
A number of political leaders have also been recently detained including Hurriyat Conference (G) chairman Syed Ali Geelani, and his aides Mohammad Ashraf Sahrai, Ayaz Akbar, Mohammad Yousuf Mujahid and Zafar Akbar Bhat. Prominent Kashmiri leaders including Shabbir Shah and Nayeem Ahmed Khan also continue to remain in detention under the PSA.
Document - India: Extrajudicial executions must be investigated and suspects prosecuted
AMNESTY INTERNATIONAL PUBLIC STATEMENT
AI Index: ASA 20/015/2010
08 June 2010
India: Extrajudicial executions must be investigated and suspects prosecuted
As investigations into the recent Machil killings continue, the Government of India must order thorough, effective investigations through independent and impartial bodies into all current and past allegations of extrajudicial executions in Jammu and Kashmir (J&K) as a first step towards ending impunity in the state, Amnesty International said today.
J&K police recently named an officer of the Indian Army and four Kashmiri men, including a reservist soldier, as suspects in the kidnapping and murder of three local youths. The killings took place in a remote area of Machil in Kupwara district along the Line of Control (LoC) with Pakistan on 29-30 April 2010.
The youths had reportedly been lured to the LoC to work as porters for the Army stationed there but were instead shot dead by the Army. The local police were informed that the three men were armed insurgents killed while attempting to infiltrate from Pakistan. The killings had reportedly been committed to secure cash rewards.
Following widespread protests, the bodies of the three youths – Shehzad Ahmad, Riyaz Ahmad and Mohammad Shafi – were exhumed last week. A judicial inquiry has been ordered by the State Government and the Army has also initiated an internal inquiry. In addition to suspending the suspected officer from the 4thBattalion of the Rajput regiment, the Army has also removed the Battalion’s Commanding Officer from his post. Neither of the officers however has so far been handed over to the police for investigation and prosecution.
The Indian Prime Minister, Manmohan Singh, is concluding a two-day visit to the state capital Srinagar. If his promise of “zero tolerance” of human rights violations is to have any significance, the Central and State Government needs to ensure that all persons suspected of involvement in the Machil killings, including Army soldiers and officers irrespective of rank, are brought to justice, in proceedings which meet international standards of fairness. The Government must also ensure that all incidents of suspected summary, extrajudicial or arbitrary executions are probed promptly, thoroughly and effectively through independent and impartial bodies in line with India’s obligations under international human rights law.
Amnesty International urges the Governments of India and Jammu and Kashmir to:
issue orders unequivocally prohibiting all extrajudicial, summary and arbitrary executions and clarifying that such acts will not be tolerated, and ensure that these orders are promulgated throughout the security forces;
remove all legal provisions including repealing the Armed Forces Special Powers (Jammu and Kashmir) act that grants immunity to security forces personnel and prevent prosecution of those suspected of responsibility for offences involving human rights violations, and ensure prosecution in proceedings which meet international fair trial standards;
ensure that the relatives of those found to be extrajudicially executed are granted full reparations, in accordance with international standards;
facilitate the long-standing requests for visits to India including Jammu and Kashmir, by the UN Special Rapporteur on Extrajudicial, summary or arbitrary executions, and the UN Working Group on Enforced or Involuntary Disappearances by setting dates for them to undertake missions in the near future.
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