SrinagarFamily members of the disappeared persons in Kashmir Saturday demanded intervention by international Court of Justice in order to persuade New Delhi to sign, ratify and implement the International Convention for the Protection of all persons from Enforced Disappearance.
Staging a sit-in at Press Enclave here to mark the International Week of Disappeared, the protesters alleged that their relatives have been subjected to enforced disappearance by army and police. They also demanded international investigation into the mass graves found in Kashmir.
This year, the International Week of the Disappeared comes shortly after an important international intervention in the region that must have consequences for the disappeared of Jammu and Kashmir: the ongoing International Court of Justice (ICJ) proceedings in the dispute between India and Pakistan on the question of consular access for a specific individual (Kulbhushan Jadhav) tried by military court in Pakistan, Association of Parents of Disappeared Persons (APDP) said in a statement.
APDP sought to draws attention to the urgent need for a similar judicial intervention by the ICJ on questions of international law and its violation in Jammu and Kashmir.
Domestic remedies stand exhausted and/or unable/unwilling to provide justice. The international institutions, specifically those with power to investigate and adjudicate, must be allowed to act in Jammu and Kashmir, APDP said.
According to conservative estimates more than 8000 people have been subject to enforced disappearances in Jammu and Kashmir since 1989. These cases vary from disappearances of civilians by armed forces personnel, by militants and cases where militants themselves have been disappeared by the armed forces. Numerous cases have been filed before the courts, including the High Court, and the State Human Rights Commission (SHRC).
The state institutions have failed to provide justice to the disappeared. On the contrary, through delay, denial and outright lies, the State negates any hope for justice, APDP statement read.
For example, in a majority of cases, the State responds by stating that the persons alleged to be disappeared have in fact crossed over into Pakistan to receive arms training as militants. Bereft of any sources or details, this general response is an attempt to evade the truth on disappearances.
Meanwhile, thousands of mothers, half-widows and half-orphans continue to suffer including, in the case of children, by discontinuing their education and having to work to support their families, it said.
Connected to the issue of enforced disappearances is the phenomenon of unmarked and mass graves (7000+ documented cases in five districts) wherein unidentified bodies are buried in unmarked graves. These bodies bear bullet wounds and/or other forms of violence.
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