AFAD (Asian Federation Against Involuntary Disappearances)
OFFICIAL STATEMENT
June 29, 2010
SHATTERED LIVES IN A SHAM DEMOCRACY
The Asian Federation Against Involuntary Disappearances (AFAD), a
regional federation of human rights organizations working directly on
the issue of enforced disappearance in Asia, joins the Association of
Parents of Disappeared Persons and the international human rights
community in strongly condemning the
merciless act of disappearance and killing of three young people
in the state of Jammu and Kashmir which was later staged as a fake
encounter by the Indian army. After their bodies were recently exhumed
in Machhil sector of Kupwara
district, adjacent to the Line of Control
or about more than 90 km north of Srinagar, the three victims identified
as Shahzad Ahmed, Riyaz Ahmad and Mohammad
Shafi from Nadihaal village of Rafiabad area, were reported missing on 27
April 2010 by their families after they were accosted by an
ex-Special Police Officer
known to have a strong connection with the Indian army. The Indian
authorities claimed that the three young men were militants who were
killed in a legitimate encounter at Sonapindi area in a bid to
stop their planned terrorist attack.
This recent incident, however, is nothing new as it only adds to the
growing list of human rights violations in this disputed state.
India which prides itself as the world’s
largest democracy, is fast wearing off its façade with the shameful
human rights record particularly in the continuing violence in
the conflict areas of Jammu and Kashmir. If India is indeed a democratic
country, it should work not only in strengthening its democratic
institutions also involve itself in
the promotion, protection and fulfilment of the fundamental human rights
of all people without discrimination. The
Indian government must stop perceiving human rights work as an
international and domestic smear campaign against the government but,
instead, it must acknowledge the value of human rights as a necessary
foundation of true democracy. The respect and promotion of basic human
rights are what differentiates democracy from authoritarianism.
The stern political situation in the state of Jammu and Kashmir however
speaks differently of what Indian democracy really is. Since its
partition in 1947
and by placing a larger portion of the area in a special autonomy zone
under the provisions of Article 370 of the Indian Constitution,
Kashmir has always been a bone of contention. Once called the
paradise on earth, it is suddenly turned into a valley of tears where
the future and lives of thousands of Kashmiri people are shattered and
placed at the mercy of the Indian authorities.
It is estimated that around 10,000
people have been made to disappear and killed
during the armed conflict that started in 1989. Most of these cases are
attributed to Indian security forces.
The response of the state government of Jammu and Kashmir to
initiate a magisterial probe into the killing, though a welcome
development, is seen more as a face-saving effort than a decisive move
to take this matter seriously. In fact, the human rights communities
have been demanding for decades to have a serious investigation on human
rights cases which the Indian government repeatedly ignored. The
International People’s Tribunal on Human Rights and Justice in Kashmir (IPT),
in its report launched on 2 December 2009 and submitted to the Indian
government has identified 2,373 graves containing 2,943 bodies in 55
villages of three districts. In fact, disappearances and killings while
under custody of the police and military have always been an order of
the day for the Indian army to get promotions or gain monetary benefits
for killing of suspected militants. The order of the Indian government
to relieve a colonel of his command and suspend a major for alleged
involvement into the killing
is indeed a positive sign of breaking the chain of impunity. But the
government’s claim that this violation is only an aberration committed
by some rouge elements in the army spells more like a damage control
than to police its own rank. The human rights violations are usually
carried out in the context of the Indian government’s counter-insurgency
campaign. The Indian state is notorious
for passing draconian laws that provide impunity to security forces.
Under laws like the “Armed Forces Special Powers Act” and “Public Safety
Act,” Indian security forces cannot be prosecuted for violations of
human rights if perpetrated in the pretext of national security.
It is about time for the Indian government to stop playing the cat and
mouse game by not only denying the undeniable but also by covering up
the real human rights situation of the country. Democracy is meaningless
if it does not fare well and equally applied for the people. It is in
fact an inherent obligation of the state to guarantee people’s enjoyment
of human rights.
Enforced disappearances, unlawful killings, torture and other forms of
deprivation of life and liberty are violations of both international
human rights instruments and international humanitarian law to which
India is a state party of. If done in systematic and massive practice,
violations of human rights constitute crimes against humanity. India
must therefore comply with its international obligations as well as its
commitment displayed through its signing of the International Convention
for the Protection of All Persons from Enforced Disappearances on 6
February 2007 by ordering prompt, thorough, independent and impartial
investigations into all past and current allegations of enforced
disappearances and by assisting the victims’ families in search for
truth and justice.
Democracy is really the supreme fulfillment of the government’s covenant
with its people in its commitment to serve and protect them. It is a
sham when the government does otherwise.
Signed
and authenticated by:
 |
 |
|
MUGIYANTO |
MARY AILEEN D. BACALSO |
| Chairperson |
Secretary-General |
