Arbitrary detentions, extrajudicial killings and enforced disappearances are a part of an ongoing pattern of serious violations of human rights by Indian government forces in Jammu and Kashmir, according to UN experts.
This concern was raised by five UN special rapporteurs in a letter to the Indian government on March 31, 2021 that was made public by the UN on Monday. It was undersigned by special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Nils Melzer, vice-chair of the Working Group on Arbitrary Detention (UNWGAD) Elina Steinerte, chair-rapporteur of the Working Group on Enforced or Involuntary Disappearances Tae-Ung Baik, special rapporteur on extrajudicial, summary or arbitrary executions Agnes Callamard, and special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ní Aoláin.
The rapporteurs examine questions relevant to torture and other cruel, inhuman or degrading treatment or punishment; arbitrary detention; enforced or involuntary disappearances; extrajudicial, summary or arbitrary executions and the promotion and protection of human rights and fundamental freedoms while countering “terrorism.”
The experts communicated their concerns to the Indian government by highlighting the cases of three Kashmiri men — Waheed Para, Irfan Ahmad Dar and Naseer Ahmad Wani.
Para, a member of the Jammu and Kashmir Peoples Democratic Party has been under detention since Nov. 25, 2020.
The UN rapporteurs said Para was subjected to ill-treatment at the National Investigation Agency (NIA) headquarters in New Delhi. He was targeted for speaking out about the government and subjected to abusive interrogations after his arrest which lasted from 10 to 12 hours at a time.
“He was held in a dark underground cell at subzero temperatures, was deprived of sleep, kicked, slapped, beaten with rods, stripped naked and hung upside down. His ill-treatment was recorded. Para was examined by a government doctor three times since his arrest last November and three times by a psychiatrist. He requested medication for insomnia and anxiety,” the rapporteurs’ letter said.
Also highlighted in the letter was the case of Irfan Ahmad Dar, a 23-year-old shopkeeper who was arrested on Sept. 15, 2020 near his residence in the Sopore area of northern Kashmir by the Jammu and Kashmir police’s Special Operations Group (SOG).
The next morning, Dar’s family received news of his death. They had found his facial bones had been fractured, his front teeth were broken and his head appeared to have bruises from blunt force trauma. His family was allowed to see his body for about 10 minutes before burial, the letter said.
To highlight enforced disappearances, the experts mentioned the case of Naseer Ahmad Wani, a resident of the southern Shopian district. On Nov. 29, 2019, Indian soldiers raided his home and locked all his family members inside a room while beating him up for more than half an hour in another room. The soldiers took him along. When his family visited the army camp in Shadimarg, they were turned away. The same evening, some army officers visited the Wanis and told them they had released him, the letter said. He remains untraced to date.
“While we do not wish to prejudge the accuracy of these allegations, we are expressing our grave concern that, should they be confirmed, they would constitute arbitrary arrests and detention, torture and ill-treatment, enforced disappearance and, in the case of Dar, extrajudicial killing, and would amount to violations of Article 6 [of the International Covenant on Civil and Political Rights],” the letter said, referring to the right to life and not to be arbitrarily deprived of life.
The Indian government has not replied to the letter or five other communications by several other rapporteurs since Aug.5, 2019, when it scrapped the autonomy of the region and introduced laws to undermine the Muslim-majority population, raising fears of a demographic invasion.
The experts reminded the Indian government that concerns about the “deteriorating human rights situation in Jammu and Kashmir, including alleged ongoing violations of India’s minorities, particularly Kashmiri Muslims,” have been raised in five earlier communications by several special rapporteurs since August 2019.
The Indian government has responded to none of these communications so far, according to the UN.
Among the eight points on which India’s clarifications were sought, the UN experts sought urgent information “on the fate and current whereabouts of Mr Naseer Ahmad Wani”.
They also asked for details of investigations into allegations made about the treatment of the three Kashmiri men. “If no investigation has been initiated, please explain why and how this is compatible with the international human rights obligations of India,” the letter said.
The UN experts also asked for information on the factual basis “justifying the recourse to terrorism related charges levied against Mr Waheed Para, and how this is compatible with the obligation to pursue counter-terrorism obligations consistent with international law as set out inter alia the United Nations Security Resolution 1373”.
They asked for clarification on whether the move was compatible with the “reasonable understanding of the definition of terrorism in international law norms including the United Nations Security Council Resolution 1566 (2004) and the model definition of terrorism provided by the mandate of the Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism”.
