NHRC's directions on enforced or involuntary disappearances in J&K -Proceedings of the Commission dated 17 September 2003
Mr. Parvez Imroz, Patron, Association of Parents of Disappeared Persons, sent to the Commission on 15th July a list of alleged disappeared persons. The Commission directed that that list should be forwarded to the Chief Secretary, Government of J&K for his comments within eight weeks, in respect of each one of the persons mentioned in that list.
The matter of enforced or involuntary disappearances had already been taken up by the Commission. On 14 May 2003, the Commission directed the Government of J&K to furnish the following information :
i) whether the State Government has established a system to record allegations of enforced or involuntary disappearances and, if so, the nature of that system;
ii) 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;
iii) the measures that are being taken to prevent the occurrence of enforced or involuntary disappearances; and
iv) 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 28th July, the Government of J&K sent a reply which, it was observed by the Commission, was singularly silent about the establishment of a system to record allegations of enforced or involuntary disappearances or the nature of that system. It has also not informed the Commission about the number of allegations and the details of the system established to investigate the allegations and the results of those investigations.
The Commission noted that the Home Department, Government of Jammu & Kashmir seems to have mistaken the query regarding recording of allegations with references made by NHRC/SHRC/Ministry of Home Affairs, Government of India and the Home Department, J&K. The Commission observed that the assertion in the reply of the Government of J&K that reports were called for and communicated to the concerned quarters was also vague. It has, therefore, asked the Home Department, Government of J&K to specifically answer all the issues raised by the Commission. The Commission also asked it to furnish details of its directions regarding the measures to prevent occurrences of enforced or involuntary disappearances.
While noting that necessary instructions have been issued by the Government of J&K `to the field staff to avoid such happenings, the Commission observed that there was no indication of any action having been taken to bring to book those who were involved in enforced or involuntary disappearances. The Commission directed the Government of J&K to send a detailed reply to the Commission within six weeks.
The matter of enforced or involuntary disappearances had already been taken up by the Commission. On 14 May 2003, the Commission directed the Government of J&K to furnish the following information :
i) whether the State Government has established a system to record allegations of enforced or involuntary disappearances and, if so, the nature of that system;
ii) 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;
iii) the measures that are being taken to prevent the occurrence of enforced or involuntary disappearances; and
iv) 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 28th July, the Government of J&K sent a reply which, it was observed by the Commission, was singularly silent about the establishment of a system to record allegations of enforced or involuntary disappearances or the nature of that system. It has also not informed the Commission about the number of allegations and the details of the system established to investigate the allegations and the results of those investigations.
The Commission noted that the Home Department, Government of Jammu & Kashmir seems to have mistaken the query regarding recording of allegations with references made by NHRC/SHRC/Ministry of Home Affairs, Government of India and the Home Department, J&K. The Commission observed that the assertion in the reply of the Government of J&K that reports were called for and communicated to the concerned quarters was also vague. It has, therefore, asked the Home Department, Government of J&K to specifically answer all the issues raised by the Commission. The Commission also asked it to furnish details of its directions regarding the measures to prevent occurrences of enforced or involuntary disappearances.
While noting that necessary instructions have been issued by the Government of J&K `to the field staff to avoid such happenings, the Commission observed that there was no indication of any action having been taken to bring to book those who were involved in enforced or involuntary disappearances. The Commission directed the Government of J&K to send a detailed reply to the Commission within six weeks.