NHRC calls for report on the “Disappearances” in the Kashmir Valley
The National Human Rights Commission, on 14 May 2003, called upon the Jammu & Kashmir Government to provide information on the following:
§ Whether the State Government has established a system to record allegations of enforced or involuntary disappearances and, if so, the nature of that system.
§ The number of such allegations recorded by it, the details of the system established thus far to investigate such allegations, and, the results, thus far, of such investigations.
§ The measures that are being taken to prevent the occurrences of enforced or involuntary disappearances.
§ The measures that are being taken to bring to book those who may have been involved in such disappearances, and, to provide justice to those who have suffered.
On 1 September 2000, the Commission had taken suo motu cognizance of an article that had appeared in The Times of India of 30 August 2000 under the heading “Desperately seeking the disappeared.”
The article inter alia had stated that, in the preceding eleven years, “over 2000 people, between ages 10 and 70, have disappeared from the Kashmir Valley” and that they had left behind “desperate families who had tried it all: the police, the security forces, friends, neighbours, local politicians …. Only to end up with no trace of their dear ones.” The article referred to a gathering being organized in Srinagar by the Association of the Parents of Disappeared Persons (APDP), to a document prepared by this organization, and to statements made by its spokesperson, Pervez Imroz.
On 1 September 2000, the Commission had issued notice to the Chief Secretary and Director-General of Police, Government of Jammu & Kashmir as well as to the Secretaries to the Ministries of Home Affairs and Defence, Government of India, calling for their responses to the news item.
Similar articles were also published in The Hindu, The Asian Age and, again in The Times of India, on 31 August 2000.
As the article, on the basis of which suo motu cognizance was taken by the Commission, made mention of the Association of the Parents of Disappeared Persons (APDP) and referred to a document prepared by it containing a list of missing persons, notice was also issued to the APDP, thought the Chief Secretary, Government of Jammu & Kashmir, requesting the APDP to produce a copy of the said document and any other material on which it placed reliance before the Commission, in order to enable the latter to take further steps as may be appropriate in the circumstances of the case.
On 20 November 2000, the APDP wrote to the Commission welcoming its suo motu action. On 3 April 2001, the APDP wrote again to the Commission stating that it was in the process of collecting data regarding “enforced/involuntary disappearances in the Valley since 1990.” It included with its letter a list of 364 names, adding that a further list would be forwarded to the Commission once it was prepared. No such list has, however, since been received.
On 20 April 2001, The Commission transmitted the list of 364 names to the Secretaries of the Ministry of Defence and Ministry of Home Affairs, Government of India, and to the Chief Secretary and Director-General of Police, Government of Jammu & Kashmir asking them to look into the matter personally and to report back to the Commission.
A series of responses have since been received from the Ministry of Home Affairs and the Ministry of Defence, as also from the Government of Jammu & Kashmir.
The Ministry of Defence has indicated that army personnel have allegedly been involved only in 85 of the 364 cases mentioned; and that even in respect of these 85 cases, in 29 cases essential details are missing, thus rendering an investigation into the latter cases impossible. In respect of the remaining 56 cases, however, the Ministry of Defence has, in the intervening period, thus afar sent its comments in respect of 31 cases, indicating that it is continuing in its effort to investigate the allegations in respect of the other cases, despite the fact that many of the cases dated back a number of years, that army units and formations engaged in counter-insurgency operations were frequently shifted, and that the information provided by the APDP was sketchy and often lacking in rudimentary details.
For its part, the Government of Jammu & Kashmir has responded in respect of 93 cases thus far.
The Commission has carefully considered the various issues involved in regard to the allegations of enforced disappearances in the State of Jammu & Kashmir. It has also reviewed the nature of the responses thus far received.
From more recent press reports and a public statement issued by APDP on 14 April 2003, the Commission notes that different figures are being mentioned in respect of enforced disappearances. These range from the specific list of 364 earlier communicated by APDP to the Commission in April 2001, to “more than 8000” that are mentioned in the APDP statement of 14 April 2003, to various statements reportedly made in the Legislative Assembly of Jammu & Kashmir from time to time – the figure of 3,184 reportedly having been mentioned in the Legislative Assembly by the then Home Minister on 18 July 2002.
In such circumstances, and in order to proceed with the maximum care and coherence on this vexed issue, the Commission considers that, at this stage, it would be appropriate for it to request the Chief Secretary, Government of Jammu & Kashmir, for information on the aforementioned issues.
The Chief Secretary has been asked to respond within six weeks. The Commission shall, thereafter, consider such further steps as it may need to take in respect of this matter.
Copy of these Proceedings of the Commission have also been sent, for their information at this stage, to the Secretary, Ministry of Defence and the Secretary, Ministry of Home Affairs, Government of India.
§ Whether the State Government has established a system to record allegations of enforced or involuntary disappearances and, if so, the nature of that system.
§ The number of such allegations recorded by it, the details of the system established thus far to investigate such allegations, and, the results, thus far, of such investigations.
§ The measures that are being taken to prevent the occurrences of enforced or involuntary disappearances.
§ The measures that are being taken to bring to book those who may have been involved in such disappearances, and, to provide justice to those who have suffered.
On 1 September 2000, the Commission had taken suo motu cognizance of an article that had appeared in The Times of India of 30 August 2000 under the heading “Desperately seeking the disappeared.”
The article inter alia had stated that, in the preceding eleven years, “over 2000 people, between ages 10 and 70, have disappeared from the Kashmir Valley” and that they had left behind “desperate families who had tried it all: the police, the security forces, friends, neighbours, local politicians …. Only to end up with no trace of their dear ones.” The article referred to a gathering being organized in Srinagar by the Association of the Parents of Disappeared Persons (APDP), to a document prepared by this organization, and to statements made by its spokesperson, Pervez Imroz.
On 1 September 2000, the Commission had issued notice to the Chief Secretary and Director-General of Police, Government of Jammu & Kashmir as well as to the Secretaries to the Ministries of Home Affairs and Defence, Government of India, calling for their responses to the news item.
Similar articles were also published in The Hindu, The Asian Age and, again in The Times of India, on 31 August 2000.
As the article, on the basis of which suo motu cognizance was taken by the Commission, made mention of the Association of the Parents of Disappeared Persons (APDP) and referred to a document prepared by it containing a list of missing persons, notice was also issued to the APDP, thought the Chief Secretary, Government of Jammu & Kashmir, requesting the APDP to produce a copy of the said document and any other material on which it placed reliance before the Commission, in order to enable the latter to take further steps as may be appropriate in the circumstances of the case.
On 20 November 2000, the APDP wrote to the Commission welcoming its suo motu action. On 3 April 2001, the APDP wrote again to the Commission stating that it was in the process of collecting data regarding “enforced/involuntary disappearances in the Valley since 1990.” It included with its letter a list of 364 names, adding that a further list would be forwarded to the Commission once it was prepared. No such list has, however, since been received.
On 20 April 2001, The Commission transmitted the list of 364 names to the Secretaries of the Ministry of Defence and Ministry of Home Affairs, Government of India, and to the Chief Secretary and Director-General of Police, Government of Jammu & Kashmir asking them to look into the matter personally and to report back to the Commission.
A series of responses have since been received from the Ministry of Home Affairs and the Ministry of Defence, as also from the Government of Jammu & Kashmir.
The Ministry of Defence has indicated that army personnel have allegedly been involved only in 85 of the 364 cases mentioned; and that even in respect of these 85 cases, in 29 cases essential details are missing, thus rendering an investigation into the latter cases impossible. In respect of the remaining 56 cases, however, the Ministry of Defence has, in the intervening period, thus afar sent its comments in respect of 31 cases, indicating that it is continuing in its effort to investigate the allegations in respect of the other cases, despite the fact that many of the cases dated back a number of years, that army units and formations engaged in counter-insurgency operations were frequently shifted, and that the information provided by the APDP was sketchy and often lacking in rudimentary details.
For its part, the Government of Jammu & Kashmir has responded in respect of 93 cases thus far.
The Commission has carefully considered the various issues involved in regard to the allegations of enforced disappearances in the State of Jammu & Kashmir. It has also reviewed the nature of the responses thus far received.
From more recent press reports and a public statement issued by APDP on 14 April 2003, the Commission notes that different figures are being mentioned in respect of enforced disappearances. These range from the specific list of 364 earlier communicated by APDP to the Commission in April 2001, to “more than 8000” that are mentioned in the APDP statement of 14 April 2003, to various statements reportedly made in the Legislative Assembly of Jammu & Kashmir from time to time – the figure of 3,184 reportedly having been mentioned in the Legislative Assembly by the then Home Minister on 18 July 2002.
In such circumstances, and in order to proceed with the maximum care and coherence on this vexed issue, the Commission considers that, at this stage, it would be appropriate for it to request the Chief Secretary, Government of Jammu & Kashmir, for information on the aforementioned issues.
The Chief Secretary has been asked to respond within six weeks. The Commission shall, thereafter, consider such further steps as it may need to take in respect of this matter.
Copy of these Proceedings of the Commission have also been sent, for their information at this stage, to the Secretary, Ministry of Defence and the Secretary, Ministry of Home Affairs, Government of India.