Rights watchdog urges India to adhere to international norms in IHK

Rights watchdog urges India to adhere to international norms in IHK

 

Srinagar, December 27, 2012 (PPI-OT): Peoples Union for Democratic Rights (PUDR), an India-based human rights organisations has demanded of India to withdraw all draconian laws, adhere to domestic and international obligations and punish perpetrators of human rights violations in Jammu and Kashmir.

The rights body in a statement issued in Srinagar asked New Delhi to ratify Convention Against Torture, Convention Against Genocide and the International Convention for the Protection of All Persons from Enforced Disappearance.

PUDR also welcomed the release of the study ‘Alleged Perpetrators” by the International Peoples’ Tribunal on Human Rights and Justice in Kashmir (IPTK) and Association of Parents of Disappeared Persons (APDP) on the culture of impunity ubiquitous in Kashmir.

The statement said the study exposes the state of impunity through a study of 214 cases, using information garnered from official documents.

The study successfully refutes the claim of the Indian state that commission of crimes is an aberration than policy. It indicts the Indian State for pursuing a policy which engenders the state of impunity by listing 500 individual perpetrators, which include 235 army personnel, 123 paramilitary personnel, 111 Police personnel and 31 government backed militants/associates.”

PUDR statement said that the study shows how State violence was institutionalized through a culture of institutional impunity to the Indian forces where the police, the judiciary and other organs of the government perpetuate the state of human rights violation.

“This has resulted in enforced and involuntary disappearance of an estimated 8000 persons, besides more than 70,000 deaths, and disclosures of more than 6000 unknown, unmarked and mass graves as of November 2012,” the statement said.

“There is hardly any prosecution and conviction of the perpetrators. The unwillingness of the Indian State is revealed in the mass grave issue where the Kashmir Home Department on 19 October, 2012 expressed inability to carry out DNA tests because there are no more than ‘15-16 recognised labs in the Government as well as Private Sector.’”

The statement said it then turns the entire issue into a farce when they ask that the blood relative should indicate “with fair amount of certainty the exact location of the graveyard and the grave”.

PUDR statement said the study highlights that the state structure specifically sanctions commission of crimes through provisions such as the system of cash incentives, awards and out of turn promotions for anti-militancy operations, and prioritizing for the victims the system of monetary compensation over justice.

“The venerable Supreme Court has also ended up shielding criminals by upholding in the Pathribal fake encounter case denial of sanction for prosecution under AFSPA thereby raising yet another wall to protect the perpetrators,” the statement said.

“The recent Universal Periodic Review by UN agency tasked with human rights, on India, revealed that Indian Government has rejected 67 recommendations out of 168 made by the committee which had among other things asked the Indian State to repeal AFSPA, and to ratify and bring domestic laws in accordance with International Convention Against Torture, Enforced Disappearance and Genocide.”

PUDR said this blatant refusal by the Indian state currently engaged in staking its claim to a permanent seat in the UN Security Council only lends credence to the study which concluded by indicting India State and establishing that victims of armed conflicts stand little chance to get justice from Indian state institutions because they are themselves implicated in the perpetuation of impunity.

For more information, contact:
Kashmir Media Service
Email: info@kmsnews.org
Phone: 92-51-4435548, 4435549
Fax: 92-51-4861736

 
 
 

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