ASSOCIATION OF PARENTS OF DISAPPEARED PERSONS
The Bund Amira Kadal, Srinagar – 190001, Jammu and Kashmir
Press Release
28th October 2011
APDP feels that the recent announcement by the Chief
Minister Omar Abdullah on the partial revocation of Armed Forces
(Special Powers) Act (AFSPA) from some areas of Jammu and Kashmir would
be insignificant for improving the human rights situation and also for
providing justice to those affected by the mindless violence by armed
forces.
In Jammu and Kashmir, the 8000 people who were
subjected to enforced disappearance have not disappeared because of the
imposition of draconian laws like AFSPA, but due to an institutional
policy of repression, where even the draconian laws were defied. AFSPA
requires the arrested persons to be brought before the district
magistrate within 24 hours, which of course has never happened in Jammu
and Kashmir.
The Ministry of Defence in case of army personnel and
Ministry of Home in case of paramilitary forces can give the prosecution
sanctions under AFSPA after the state Government applies for the same.
According to the state Government prosecution sanctions against armed
forces have been applied only in 50 cases since last 22 years. When in
Jammu and Kashmir we have more than 8000 cases of enforced
disappearances, thousands of cases of custodial killings and fake
encounters, thousands of cases of rape and molestation and thousands of
cases of torture etc; applying for sanctions for prosecution in only 50
cases speaks volumes about the seriousness shown by the State Government
so far for protecting the human rights of people of Jammu and Kashmir.
Unsurprisingly the sanction by Ministry of Defence has not been granted
in any case so far.
Politicians are giving an impression that human
rights violations will end by the revocation of AFSPA, which is a
deliberate attempt to hoodwink the international opinion. The fact is
that Jammu and Kashmir Police has been an equal partner in crimes
committed on the people. The Jammu and Kashmir Police personnel also
have been responsible for a huge number of disappearances.
The armed Village Defence Committees (VDC), Special
Police Officials (SPO), and the counter insurgent government sponsored
private militias likeIkhwan have also been responsible for perpetrating
heinous crimes like disappearances. Which law allows the creation of
these groups? Which law encourages them to perpetrate human rights
abuses? Which law sanctions their impunity? It is the law of
lawlessness.
Revocation of AFSPA from some areas would not help in
ending the human rights abuses as the sense of immunity in the soldiers
is not derived from laws but from the political culture of impunity, for
which State Government and the Government of India are largely
responsible.
Instead of this political performance, the government
should help the processes of justice and help prosecute officials
accused of disappearances. The mechanisms of justice which have been
forced to not function by the state should be empowered to punish the
guilty, which would be more meaningful for the family members of the
disappeared.
We urge the Government of India to end the culture of
impunity and not just AFSPA from Jammu and Kashmir.
Spokesperson
Yasin Hassan Malik
