By Raqib Hameed Naik, TwoCircles.net,
Srinagar : World’s leading human rights organizations, Amnesty International, has once again called for repeal of the draconian Armed Forces Special Powers Act (AFSPA) and termed the tenure of Chief Minister Mufti Mohammad Syed as historic opportunity for him to work for removal of oppressive law (AFSPA).
AI released a report on Wednesday, July 1 titled ‘Denied: Failures in accountability for human rights violations by security force personnel in Jammu and Kashmir”, which documents the obstacles to justice faced in several cases of human rights violations believed to have been committed by Indian security force personnel in Jammu and Kashmir.
The report focuses particularly on Section 7 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (AFSPA), which grants virtual immunity to members of the security forces from prosecution for alleged human rights violations.
The report is based on in-depth research in Jammu and Kashmir, including interviews with members of 58 families of victims of alleged human rights violations by security forces, the Right to Information applications, examination of police and court records, and interviews with civil society groups, lawyers, and government officials.
The report reveals that the central government has denied permission, or ‘sanction’, to prosecute under section 7 of the AFSPA in every case brought against members of the army or paramilitary, or in a small number of cases, has kept the decision pending for years. It also documents a lack of transparency in the sanction process.
“Not a single family interviewed for the report had been informed by the authorities of the status or outcome of a sanction request in relation to their case,” said Divya Iyer, research manager at Amnesty International India.
“Police and court records pertaining to nearly 100 cases of human rights violations filed by families of victims between 1990 and 2012 showed that the Jammu and Kashmir police often failed to register complaints or take action on registered complaints until they were compelled,” said Iyer. “In some cases, army personnel have been reluctant or refused to cooperate with police investigations.”
The report further says that the army has dismissed more than 96 % of all allegations of human rights violations against its personnel in Jammu & Kashmir as “false or baseless”. However, the evidence for finding the majority of allegations false is not publicly available. Few details of the investigations or military trials conducted by the security forces are available to the public, it said.
Mohammad Amin Magray, uncle of 17-year-old Javaid Ahmad Magray, who was killed in April 2003 by security force personnel, told Amnesty International India, “If the Army knew they would be charged, and will have to go to court and be prosecuted, they will think 10 times before they pull triggers on an innocent. … The AFSPA is like a blank cheque from the government of India to kill innocents like my nephew.”
Minar Pimple, senior director of Global Operations at Amnesty International, said: “Fifth July 2015 will mark 25 years since the AFSPA came into effect in Jammu and Kashmir. Till now, not a single member of the security forces deployed in the state has been tried for human rights violations in a civilian court. This lack of accountability has in turn facilitated other serious abuses,” said Pimple.
“By not addressing human rights violations committed by security force personnel in the name of national security, India has not only failed to uphold its international obligations, but also has failed its own Constitution,” said Pimple.
“The current Chief Minister of Jammu and Kashmir, Mufti Mohammed Sayeed, was the Union Minister for Home Affairs when the AFSPA was enacted by the Indian Parliament in 1990. He now has a historic opportunity to work to remove this oppressive law,” Pimple added.