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1999 Country Reports on Human Rights Practices

Released by the Bureau of Democracy, Human Rights, and Labor

U.S. Department of State, February 25, 2000 for INDIA

Many of these abuses are generated by intense social tensions, violent secessionist movements, and the authorities' attempts to repress them, and deficient police methods and training. These problems are acute in Jammu and Kashmir, where judicial tolerance of the Government's heavy-handed antimilitant tactics, the refusal of security forces to obey court orders, and terrorist threats have disrupted the judicial system. The number of insurgency-related killings and acts of torture in Jammu and Kashmir and the northeast by regular security forces showed no clear improvement from the previous year; this also was true in the northeast, despite negotiated cease-fires in the northeast between the Government and insurgent forces and between some tribal groups. Security forces summarily killed suspected militants and civilians; with few exceptions, they acted with impunity.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing:

Political killings by government forces (including deaths in custody and faked encounter killings) continued at a high level in the state of Jammu and Kashmir and several northeastern states.

NGO's active in Jammu and Kashmir reported that on April 1, Fayaz Ahmed Bhatt of Anantnag was killed following his arrest by security forces and that his body was returned to family members by police in Nishat. The National Human Rights Commission (NHRC), a government-appointed and financed investigative body (see Section 4), directed that all deaths in encounters immediately be investigated by an independent agency, but members of the security forces rarely are held accountable for these killings. The NHRC itself may inquire into alleged human rights abuses by security forces in Jammu and Kashmir, but does not have the statutory power to investigate such allegations if it is not satisfied with the responses to its inquiries. Authorities generally have not reported encounter deaths that occur in Jammu and Kashmir to the NHRC. Human rights groups alleged that security forces summarily executed a number of captured non-Kashmiri militants in Jammu and Kashmir. During conflicts with armed militants, security forces allegedly respond indiscriminately to a burst of gunfire. Soldiers also killed civilians during military counterinsurgency operations. For example, on August 4, 1998, suspected government-sponsored counter-militants entered Saalan village, Poonch district, and summarily executed 19 relatives of a suspected Harkat-ul-Ansar militant, including 14 children and 2 women. During the year, portions of the Jammu and Kashmir human rights commission report on this incident became public; the commission held the army and government-supported militants responsible. Human rights activists in Jammu and Kashmir alleged that members of the Rashtriya Rifles shot and killed Hajra Begum in Fatehpora village, near Baramullah town. Reportedly, the soldiers went to Begum's home late at night and attempted to rape one of Begum's daughters. When Begum resisted, the soldiers shot and killed her and wounded her brother, Bashir Ahmad Rather.

Impunity has been and remains a serious problem in Jammu and Kashmir. Security forces have committed thousands of serious human rights violations over the course of the conflict, including extrajudicial killings, disappearances, and torture. Despite this record of abuse, between January 1990 and September 1998, only 295 members of the security forces were prosecuted and punished for any of these crimes, and no compensation was paid to the victims or their families, according to the Union Home Ministry. During the same period, 113 members of the security forces were punished for human rights abuses in the northeastern states. Punishments ranged from reduction in rank to imprisonment for up to 10 years. According to the NHRC's most recent report, released in 1998, 259 complaints of alleged human rights violations by the Border Security Force were registered between January 1990 and March 1997. During the same period, only 31 investigations into allegations of human rights abuses by members of the army were completed, resulting in the conviction and sentencing of 81 armed forces personnel, including 29 officers.

In the past, scrutiny by the NHRC and international human rights organizations, when permitted, and the persistence of individual magistrates resulted in somewhat greater accountability for abuses committed by members of the security forces in Jammu and Kashmir; however, in July 1998, the Government rejected the NHRC's recommendations to bring the army and paramilitary forces under closer scrutiny by allowing the NHRC to investigate complaints of their excesses. According to a credible Kashmir-based NGO, the killing of civilians by security forces increased during the year but did not reach the levels of the mid-1990's. The majority of complaints were about individual cases; there were no reports of entire villages being burned by armed forces or of mass killings. The NHRC continues to receive complaints alleging human rights violations by the security forces, especially from Jammu and Kashmir and the northeastern states. The vast majority of violations by security forces continue to go uninvestigated and unpunished.

There were many allegations that military and paramilitary forces in the northeast engage in arbitrary detention, abduction, torture, and the extrajudicial execution of militants, as well as rape (see Sections 1.c. and 1.g.). The Armed Forces Special Powers Act of 1958 and the Disturbed Areas Act of 1976 remained in effect in several states where active secessionist movements exist, namely, in Jammu and Kashmir, Nagaland, Manipur, Assam, and parts of Tripura. The Disturbed Areas Act gives police extraordinary powers of arrest and detention, which according to human rights groups allow security forces to operate with virtual impunity in areas under the act. The Armed Forces Special Powers Act of 1958 provides search and arrest powers without warrants. Human rights monitors allege that, as in Jammu and Kashmir, government reports of deaths during "encounters" between insurgent groups and security forces in northeastern states actually are staged, and that those insurgents who were reported dead were killed after being detained by security forces.

In a positive development, in July the Supreme Court directed the central Government to explain why it had not acceded to the request of the NHRC to release records pertaining to the October 1993 killing of some 60 civilians by security forces in Bijbehara town, Anantnag district; however, the Government did not respond.

Security forces also held persons in incommunicado detention; on occasion, as in the 1996 case of human rights monitor Jalil Andrabi, such missing persons later were found dead (see Sections 1.b. and 4). As of December 1997, 55 cases of disappearance and custodial death still were pending against Border Security Force personnel in Jammu and Kashmir (see Sections 1.b. and 1.c.).

While extrajudicial killings continued in areas buffeted by separatist insurgencies, the press and judiciary also continued to give attention to deaths in police custody. According to the Government, 817 persons died in prisons between January 1 and September 30, 1998, many from natural causes, in some cases aggravated by poor prison conditions (see Section 1.c.). Human rights groups allege that many deaths in prisons are due to torture.

b. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment:

The law prohibits torture, and confessions extracted by force are generally inadmissible in court; however, torture is common throughout the country, and authorities often use torture during interrogations. In other instances, they torture detainees to extort money and sometimes as summary punishment. In 1997 the U.N. Special Rapporteur on Torture reported that the security forces systematically practice torture against persons in Jammu and Kashmir in order to coerce them to confess to militant activity, to reveal information about suspected militants, or to inflict punishment for suspected support or sympathy with militants. Information is not made public regarding instances of action taken against security force personnel in Jammu and Kashmir for acts of torture.

On April 14, 1996, Mohammad Iqbal was arrested by soldiers of the Rashtriya Rifles and taken to Chhatru Camp, near Kishtwar, Jammu and Kashmir. His body, bearing marks of torture, was discovered in the nearby Chhatru river soon thereafter; no one has been charged in the case. According to local human rights organizations, on November 3, 1995, Banihal police station officers arrested Ayaz Ahmad Wani of Bankoot village, Banihal, and tortured him there and in the jail at Ramban for 5 days. On November 8, 1995, police brought the youth to a hospital in Ramban with marks indicating torture on his arms, hands, face, and genitals. He was transferred to the government medical college in Jammu, where he died of his injuries on November 9, 1995. An autopsy revealed that he had suffered injuries to his kidneys, heart, and stomach and that his wrists and feet were broken. The father of the victim filed a complaint with the NHRC, and on July 18, 1998, the case was referred to police for investigation. There was no further progress in the case by year's end. Human rights monitors maintain that there is a similar pattern of abuse by security forces in the northeast. Police atrocities against indigenous people include torture.

The U.N. Special Rapporteur on Torture noted in 1997 that methods of torture included beating, rape, crushing the leg muscles with a wooden roller, burning with heated objects, and electric shocks. Because many alleged torture victims die in custody, and others are afraid to speak out, there are few firsthand accounts, although marks of torture often have been found on the bodies of deceased detainees. The U.N. Special Rapporteurs on Torture and on Extrajudicial Killings renewed their requests to visit during the year, but the Government did not permit them to do so.

The U.N. Special Rapporteur on Torture stated in 1997 that, in Jammu and Kashmir, torture victims or their relatives reportedly have had difficulty in filing complaints because local police were issued instructions not to open a case without permission from higher authorities. In addition the Armed Forces (Jammu and Kashmir) Special Powers Act provides that unless approval is obtained from the central Government, no "prosecution, suit, or other legal proceeding shall be instituted...against any person in respect of anything done or purported to be done in exercise of the powers of the act. This provision reportedly allows the security forces to act with virtual impunity. There also were incidents in which police beat journalists and demonstrators. Police also committed abuses against tribal people.

There is a pattern of rape by paramilitary personnel in Jammu and Kashmir and the northeast as a means of instilling fear among noncombatants in insurgency-affected areas (see Section 1.g.), but is not included in NHRC statistics because it involves military forces. Human rights monitors allege that army personnel summoned a woman and her four daughters from Mangota village, Doda district, Jammu and Kashmir, to a nearby camp on March 15, where the women were held captive for 4 days and repeatedly raped. The victims filed a complaint with Doda police naming Charanjit Sharma, the officer in charge of the camp, as one of their assailants."

EXECUTIVE SUMMARY

US STATE DEPARTMENT

COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1995 : INDIA

FOCUS ON KASHMIR

14 MARCH 1996

Once again the United States Department of the State has reproached India on its human rights record. According to the 1995 Country Reports on Human Rights, India continues to be highlighted for its dismal human rights record.

The report cites the Indian Government for violations of principles of human decency and democratic freedom against the people of Occupied Kashmir. The report finds India responsible for torture, kidnapping, extrajudicial killing, rape and use of excessive forces against the Kashmiri people. The State Department once again noted that Indian paramilitary forces have committed significant human rights abuses, particularly in Jammu and Kashmir.

The Report noted the Indian Government's responsibility in disrupting the judicial system in Occupied Kashmir. It said that one reason for the disruption was the judicial tolerance of the Government's heavy handed anti-militant tactics. The Report found India guilty of arbitrary arrest and incommunicado detention in Occupied Kashmir.

RESPECT FOR THE INTEGRITY OF PERSON, INCLUDING FREEDOM FROM POLITICAL AND OTHER EXTRAJUDICIAL KILLING:

The report noted that political killings by the Indian government forces continued at a high rate in the state of Jammu and Kashmir. Besides this the Indian Government continued at a high its practices of extrajudicial killings. The Report said that human rights organizations find that dozens of such killings occur every month. The State Department noted that typically those killed by such extrajudicial means were detained by security forces, and their bodies, bearing multiple bullet wounds and often marks of torture were returned to relatives or were otherwise discovered the same day or a few days later.

RESPECT FOR THE INTEGRITY OF PERSON, INCLUDING FREEDOM FROM DISAPPEARANCE:

The Report noted that incommunicado detention of suspected mililants continued in Kashmir. It said that the Government of India had admitted that it held 3,023 persons in five detention centers in Jammu and Kashmir. Of these 1,331 were held under the [Indian] Public Safety Act and 1,692 under the [Indian] Terrorist and Disruptive Activities Act.

The Report says that [S]everal thousand others are held in short-term confinement in transit and interrogation centers. Human Rights group maintain that as many as 3,000 more are held in long term unacknowledged detention.

RESPECT FOR THE INTEGRITY OF PERSON, INCLUDING FREEDOM FROM TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT:

The Report cites Indian police and paramilitary forces for using torture during interrogation in Occupied Kashmir. The Report noted that these practices include beating , rape, burning with cigarettes and hot rods, suspension by the feet, crushing of limbs by heavy rollers, and electric shocks. It was noted that because many torture victims die in custody, and others are afraid to speak out, there are few first-hand accounts, although the marks of torture have been found on bodies of deceased detains. The Report adds that the rape of persons in custody is part of the broader pattern of custodial abuse.

RESPECT OF THE INTEGRITY OF PERSON, INCLUDING FREEDOM FROM ARBITRARY ARREST, DETENTION, OR EXILE:

The Report says that Indian laws allow the government to detain a person without charge or trail for as long as one year or loosely defined security grounds. It noted that over half of the detainees in Occupied Kashmir are held under the Indian- enforced Jammu and Kashmir Public Safety Act of 1978. The Report found that Indian court system is overloaded.

RESPECT FOR THE INTEGRITY OF PERSON, INCLUDING FREEDOM FROM ARBITRARY INTERFERENCE WITH PRIVACY, HOME, OR CORRESPONDENCE:

The Report says that the Indian Government has allowed its occupation authorities in Kashmir special powers to search and arrest without warrant.

RESPECT FOR THE INTEGRITY OF PERSON, INCLUDING FREEDOM FROM USE OF EXCESSIVE FORCE AND VIOLATIONS OF HUMANITARIAN LAW IN INTERNAL CONFLICTS:

The Report says that the Indian Government forces continue to commit serious violations of humanitarian laws in the disputed state of Jammu and Kashmir. Between 350,000 to 400,000 Indian army and paramilitary forces are deployed in Jammu and Kashmir. The Report notes that under Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act, both passed in July 1990, security forces personnel have extraordinary powers, including authority to shoot suspected lawbreakers and those disturbing peace, and to destroy structures suspected of harboring militants arms.

RESPECT FOR CIVIL LIBERTIES, INCLUDING FREEDOM OF SPEECH AND PRESS:

The Report notes that 1971 Newspapers Incitement to Offenses Act that remains in effect in Jammu and Kashmir allows even a district magistrate to prohibit the press from carrying material that may result in incitement to murder or any act of violence.

RESPECT FOR THE INTEGRITY OF PERSON, INCLUDING FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION:

The Report notes that Srinagar and other parts of Jammu and Kashmir were under sporadic curfew during much of 1995.

RESPECT FOR POLITICAL RIGHTS: THE RIGHT OF CITIZENS TO CHANGE THEIR GOVERNMENT:

The report notes that India having failed in its attempt to stage an election and admitted that conditions in the state were not suitable for holding elections continued with its President's Rule in Occupied Kashmir which was extended to December 1995.

GOVERNMENTAL ATTITUDE REGARDING INTERNATIONAL AND NONGOVERNMENTAL INVESTIGATION OF ALLEGED VIOLATIONS OF HUMAN RIGHTS:

The Report said that the Government of India had refused visas to representatives of some human rights organizations, including Amnesty International.

IN CONCLUSION: The report, which reaffirmed that Kashmir is a disputed territory, provides substantial information that the Disturbed Areas Act, President's Rule, the Armed Forces (Jammu and Kashmir) Special Powers Act, and the Jammu and Kashmir Public Safety Act have had devastating effect on the Kashmiri people. Human rights will continue to be violated as long as curfew are imposed, political and civilian killings continue unabated, torture and rape are widespread, civil liberties are suspended and international human rights group are prohibited from gaining access to Occupied Kashmir. Violations will continue as long as the Government of India continues to condone the atrocities committed by its government forces.