Govt’s Human Rights Record In Kashmir Attacked In HRW Report

Srinagar—Human Rights Watch has termed the Armed Forces Tribunal order in July last year, suspending the life sentences of five army personnel who were convicted in 2014 for fake encounter killing of three civilians in Machil in 2010 as setback for accountability for security force abuses,

The New York-based rights group, in its latest report has also castigated state government’s resorted to frequent blanket internet shutdowns as well as to army who gave a commendation to an officer who used a bystander unlawfully as a “human shield” in Budgam district during parliamentary elections last year.

“In a setback for accountability for security force abuses, the Armed Forces Tribunal in July suspended the life sentences of five army personnel who were convicted in 2014 for a 2010 extrajudicial killing of three villagers in the Machil sector in Jammu and Kashmir,” the HRW said in the report.

The Armed Forces Tribunal (AFT) which suspended life imprisonment of army men had said that it cannot be ruled out that the trio were militants “because they were wearing Pathan suits which are worn by militants.”

The three civilians — Shezhad Khan, Shafi Lone and Riyaz Lone of Nadihal, Rafiabad, were lured to an army camp at Kalaroos in Kupwara and were subsequently killed in cold blood during the intervening night of April 29 and 30, 2010, at Sona Pindi in Machil. The Army claimed that they had killed three foreign militants but the police investigation proved that they were civilians killed in a fake encounter. Subsequently, the bodies of three were exhumed from a graveyard at Kalaroos.

Later, the Court Martial awarded life imprisonment to commanding officer Dinesh Pathania, Capitan Upendra, Havaldar Devender Kumar, Lance Naik Lakhmi, Lance Nail Arun Kumar and Rifleman Abbas Hussain who staged the fake encounter to claim cash rewards and promotions which the army grants to its personnel for killing militants in Kashmir.

“In May, the army gave a commendation to an officer who used a bystander unlawfully as a “human shield” to evacuate security personnel and election staff from a mob in Jammu and Kashmir’s Budgam district,” the report said.

In April last, a video showing the man–Farooq Ahmed Dar— tied to the army vehicle had gone viral, triggering a public outcry.

The HRW said the government of India also failed to review and repeal the “abusive” Armed Forces Special Powers Act (AFSPA), in force in Jammu and Kashmir and in parts of India’s northeastern region, “which gives soldiers who commit violations effective immunity from prosecution.”

“At time of writing, the government had yet to comply with a Supreme Court ruling civilian authorities should investigate all allegations of violations by troops,” the report said.

Referring to internet blockade, the HRW said: “State governments resorted to blanket internet shutdowns either to prevent violence or social unrest, or to respond to an ongoing law and order problem.”

By November last year, the HRW said, they had imposed 60 internet shutdowns, 27 of these in Jammu and Kashmir.

“In August, the government issued rules to govern temporary shutdown of the internet and telecommunications services in the event of “a public emergency or public safety [issue].” However, the rules do not specify what the government considers to be a public emergency, or a threat.”

In the first 10 months of 2017, it said, there were 42 reported militant attacks in the state of Jammu and Kashmir in which 184 people were killed, including 44 security force personnel. “Several were killed or injured as government forces attempted to contain violent protests.”

Children’s education was frequently disrupted in areas facing conflict and violent protests, it said. “Clashes between protesters and security forces in Jammu and Kashmir state that began in July 2016, continued to simmer throughout 2017, leading to frequent closing of schools and colleges. In May 2017, a student was killed by paramilitary forces inside a government school in Anantnag district during a violent protest.”

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