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COVER

Contents

ACKNOWLEDGEMENT

FOREWORD

MUGIYANTO
CHAIRPERSON, AFAD

INTRODUCTION

MARY AILEEN DIEZ BACALSO
SECRETARY GENERAL, AFAD

COUNTRY SITUATION:

CHINA
INDIA (JAMMU AND KASHMIR)
INDONESIA
NEPAL
PAKISTAN
PHILIPPINES
SRI LANKA
THAILAND

MUNIR’S CASE

AFAD’S RESPONSE

FEDEFAM’S LETTER

STATISTICS ON ENFORCED DISAPPEARANCE IN ASIA:

CHINA
INDIA (JAMMU AND KASHMIR)
INDONESIA
NEPAL
PAKISTAN
PHILIPPINES
SRI LANKA
THAILAND

EPILOGUE

AFAD’S THEME SONG, DESAPARECIDOS

INDEX

BOOK WRITERS


 

Reclaiming Stolen Lives
Country Situation: India

Top             Jammu and Kashmir: A New Day Dawns in a Pained Paradise By: Erlinda Timbreza-Valerio

The Nameless Graves and Mass Graves in the Uri Area While APDP has documented around 1,000 cases for the association, there seems to be a mystery surrounding the fate of the thousands of other persons believed to have disappeared since 1989 to the present. Thus, APDP painstakingly continued to put bits of information together until it learned about the existence of nameless graves in different places of the Uri Area in 2005. Thinking that those who were buried there must be among the beloved desaparecidos the families had been looking for, APDP immediately formed a team to conduct a fact-finding mission in the area. The association managed to secure a special permission from the District Magistrate and from the army headquarters to visit the area. According to APDP, team members were not able to freely move around because the Indian security forces closely monitored them. However, they were able to meet people from the villages who bravely gave their testimonies. The report, Facts Under Ground A Fact-finding Mission on Nameless Graves and Mass Graves in Uri Area which came out on 29 March 2008 must have shocked the world: “This convinces us, yet again, that many a story of what befell our people at the hands of the Indian security forces remains to be told. We met people who claimed to have seen dead bodies being thrown into River Jehlum. In many cases police were informed about it but to no avail. Some of the dead bodies resurfaced when they got stuck on the river shore and were retrieved by the people who buried them in their village graveyards in order to avoid the desecration of dead bodies. We also met witnesses who have seen the army, with the help of police, burying the dead in different graveyards. We decided to investigate this matter. A team of APDP visited the areas and conducted a survey of some of the places that contain nameless and mass graves. These places are: Zandifaran, Budmulla, Fatehgarh, Kichama, Gondabal Peerniyan, Chehal Bimyar, Boniyar, Trikanjan, Banali, Parro- Gagarhill, Chottali, NHPC Road, Brigade Head Quarters Rampore, Gingal, Bijhama, Lachipora, Dashewara, Mayan, Charkote, Hatlonga LoC. Most of these graveyards, according to the local community, were constituted by the inhabitants of these villages on the orders of Jammu and Kashmir Police. The total number of such graves according to our survey in three Tehsils of the frontier district Baramulla of J&K comes to 940 or nearly 1,000. The Armed Forces and Jammu Kashmir Police claims that the slain persons buried in such cemeteries were unidentified foreign militants killed in the border areas while infiltrating across the line of control. Whereas many locals claimed that most of the persons buried in such graves are local Kashmiris.” 9 APDP’s report is a loud cry for help from our Kashmiri sisters and brothers. With the discovery of the nameless graves and mass graves, the families and relatives who have been searching for the truth for years have gained a renewed hope. The very existence of the nameless graves is yet another proof that indeed, people disappeared and were killed in the state of Jammu and Kashmir. They buried their victims without proper identification in an effort to hide their crimes forever. Not unlike the case of Abel and Cain in the Old Testament, the cry of our brothers and possibly, sisters who were mercilessly killed and made to disappear, must have reached to the heavens so that their nameless graves are now known to the whole world! Warm responses to the APDP report came from many parts of the globe. Among these is the solidarity statement of Amnesty International-India Section which came out on 4 April 2008. To quote in part: “Amnesty International urges the Government of India to launch urgent investigations into hundreds of unidentified graves discovered since 2006 in Jammu and Kashmir. The investigation must be independent, impartial and follow international standards. The grave sites are believed to contain the remains of victims of unlawful killings, enforced disappearances, torture and other abuses which occurred in the context of armed conflict persisting in the state  since 1989. The graves of at least 940 persons have reportedly been found in 18 villages in Uri District alone.

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A report issued on 29 March 2008 by the Srinagar-based Association of the Parents of Disappeared Persons (APDP), Facts Under Ground, indicated the existence of multiple graves in localities which, because of their proximity to the Line of Control with Pakistan, are not accessible without specific permission of the security forces. In response to the report, army spokespersons again claimed that those found buried were armed rebels and “foreign militants” killed lawfully in armed encounters with military forces. However, the report detailed testimonies from local villagers saying that most of those buried were local residents hailing from the state. These are serious allegations that must be fully investigated.”10 Indeed, the justice campaign on involuntary disappearance and other human rights violations in Jammu and Kashmir has been moving rapidly in recent months. Another giant leap was the launching of the International People’s Tribunal on Human Rights and Justice in Indian- Administered Kashmir (henceforth referred to as the “People’s Tribunal or Tribunal”) through the efforts of the Public Commission on Human Rights, a constituent of Jammu Kashmir Coalition of Civil Society. Convened by human rights activists and lawyers, the People’s Tribunal will probe human rights violations and seek international intervention for the resolution of the Kashmir issue. Investigating the unmarked graves cited above is an important part of the Tribunal’s task. A historic first in the justice campaign in Jammu and Kashmir, the People’s Tribunal was launched on 5 April 2008 in Srinagar.11 During the launching, the conveners explained the Tribunal’s gigantic mission: According to Atty. Parvez Imroz, a recipient of the Ludovic-Trarieux International Human Rights Prize in 2006, “Conceptualized two years ago, the Tribunal will confine its probe to the period between November 2003 and 2009 with supporting investigations related to the 1989-2003 period and is holding its investigations this year, 2008, up to 2009. It will inquire into the military presence and governance in Kashmir and their impact on civil society, political economy, development, local government, media and judiciary. It is also an initiative to seek the attention of global civil society to investigate crimes against humanity in Kashmir committed by India. The tribunal will involve the participation of families and survivors seeking justice, local communities and groups, experts from Kashmir and India, other places in South Asia and the international community. It will invite renowned personalities to constitute a council of justice to deliberate on the tribunal’s findings. The findings and recommendations will be presented at a public hearing in Kashmir and subsequently, to the international communities to seek their intervention.” Another co-convener Gautam Navlakha, a noted Indian human rights activist, said, “The Tribunal will be completely based on facts and reports. We will seek the attention of international communities towards the legitimate struggle going on in Kashmir. It is imperative to set up a People’s Tribunal in Kashmir since justice was not available to the people from both the state government and New Delhi. The normalcy claims made by state government and the government of India in Kashmir is a sad joke as people have been denied justice. To break the silence and pressurize the government of India to give democratic rights to Kashmiris, I, an Indian, joined the Tribunal. We want to convey to the world what has befallen people in Jammu and Kashmir and what crimes India has committed here.” The legal counsel for the tribunal, Atty. Mihir Desai, who practices in the Mumbai High Court and the Supreme Court of India said, “The gross abuse of human rights violation by state agencies in Kashmir for the past 18 years has attracted me to become a part of the Tribunal. Most institutions failed in Kashmir despite the fact that they have power to respond. We will try to understand the causes of their failure.” Another co-convener, noted human rights activist and anthropologist Dr. Angana Chatterji, associate professor of Anthropology at the California Institute of Integral Studies and an Indian based in the US said, “We call upon the international community to join us in investigating India’s record in Kashmir. We seek accountability for the human rights abuses in Kashmir under the provisions of the constitution of J&K, India and the international laws and conventions and insist on the Kashmiris’ right to self- determination.” As the very young Tribunal flexed its muscles for the urgent tasks ahead, one of its conveners, Atty. Parvez Imroz, was harassed in his house on 30 June 2008. Based on the Tribunal’s press release on 1 July 2008,12 nine or 10 men wearing uniforms of the state police and the paramilitary Central Reserve Police Force appeared at his house in Kalpura Village (approximately eight (8) km.from Srinagar) and demanded that Atty. Imroz come outside. Having gone through previous assassination attempts, Imroz told his wife not to open the door. Instead, he called his brother, Sheik Mustaq Ahmad, who lives nearby. Mr. Ahmad came out with a torch and asked the group to identify themselves but they refused. When his nephew went out, one of the uniformed men fired at his direction but no one was hit. Another man threw a grenade outside his front door. This exploded but no one was hurt. The men left at around 10:30 P.M. after using tear gas and firing two blank shots outside Imroz’ front door. The perpetrators beat a neighbor they met along the way. Community members announced what had happened at the village mosque prompting people to gather near Imroz’s house. The villagers “stated that they had seen one large armored vehicle, two Gypsy cars and men in Central Reserve Police Force (CRPF) uniform and Special Operations Group (SOG) uniform.” The harassment of Atty. Imroz raised global concern and prompted national, regional and international human rights organizations to deliver their statements of concern and solidarity. Many of these were published in leading local, regional and international print and broadcast media as well as on the internet.

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Among the warm responses to the recently discovered nameless graves and mass graves in Kashmir was one from the European Parliament (EP) Subcommittee on Human Rights (EPHR) which held its first meeting in Brussels, Belgium on 16 July 2008. 13 The agenda on Exchange of views on Kashmir, follow-up to EP Resolution of 24 May 2007 and to report massacres in the region. Invited representatives from the Tribunal to address the EPHR were Dr. Angana Chatterji, Atty. Parvez Imroz on behalf of Association of Parents of Disappeared Persons (APDP) and Ms. Marjan Lucas, international partner from IKV Pax Christi-The Netherlands. Both ladies were present in person but Atty. Imroz addressed the gathering via weblink as he was denied a passport by India and could not travel abroad. At the hearing, Dr. Chatterji described the Tribunal’s mandate, structure, and work and gave a detailed testimony of the gravity of the human rights situation in Kashmir at present. She described the Tribunal’s investigation of nearly 1,000 mass graves in June 2008 and showed video clips of mass graves from Baramulla and Kupwara district. She also spoke of the continuing militarization and impunity enjoyed by military and paramilitary forces in Kashmir, of the rule of exception and draconian laws and the history of genocidal violence. Dr Chatterji gave details of the harassment and intimidation which Atty. Imroz and herself as well as Tribunal Liaison Khurram Parvez experienced in the conduct of their work and on the harassment of Atty. Imroz on 30 June 2008. Atty. Imroz described the earlier work of the APDP and their investigation of the mass graves and spoke in depth of the climate of fear and threat that human rights defenders experience on a regular basis and of the severe breakdown of law and order in Kashmir. He spoke of the failure of judicial apparatus and human rights institutions in Kashmir and described the attack made on him on 30 June 2008 and how members of the Tribunal are being humiliated and watched. Atty. Imroz appealed to the international community to carefully track the human rights situation in Kashmir and the need for a mechanism that seriously addresses the issues. Ms. Lucas spoke of the greater need for an international alliance with human rights defenders in Kashmir and stated the importance of the work of the Tribunal.She stressed that reconciliation is impossible without truth and justice. She underlined the importance of the ongoing attention of the international community to Kashmir’s ground reality, the adoption of the Resolution in Strasbourgh on 10 July 2008 and the EPHR hearing of 16 July 2008 all of which are among the essential first steps on the long road ahead. She underlined the importance of the installment of an impartial and independent investigation of the unmarked graves, which, she reiterated, needs a strong and visible international component. The EPHR and Members of the European Parliament (MEPs) listened with concern and engaged the panel for almost 2½ hours. The European Commission (EC) representative, Mrs. Rensje Teerink,appreciated the evidence presentedand stated her concern over the situation. Her presence and active participation proved the seriousness with which EPHR is approaching the issue. Mr. Geoffrey Harris, Head of Human Rights Unit of the European Parliament, and Mrs. Helene Flautre (Greens), chair of EPHR, maintained that the invited speakers should be independent, relevant, and credible. Thus, Dr. Chatterji, Advocate Imroz, and Ms. Lucas were invited to speak to convince the MEPs on the gravity and urgency of the facts and figures presented by APDP on mass graves and those currently presented by the Tribunal. The Indian Embassy was invited to speak but did not participate. The Tribunal welcomes the European Parliament resolution of 10 July 2008 which among others, “Calls on the Government of India urgently to ensure independent and impartial investigations are undertaken into all suspected sites of mass graves in Jammu and Kashmir.”14 The EPHR session on 16 July 2008 was another important development as this was an opportunity for the MEPs to hear relevant actors and actresses speak on the matter and discuss the issue in greater detail.

Notes: 9 Association of Parents of Disappeared Persons. (2008, March 29). Facts Under Ground: A Fact-finding Mission on Nameless Graves & Mass Graves in Uri Area, pp. 2-3 10 Amnesty International. (2008, April 4). India should investigate all allegations of enforced disappearances in Jammu and Kashmir following reports of mass graves. Retrieved July 15, 2008 from http://www.amnesty.org/ en/library/asset/ASA20/005/2008/en/6c2f1dbc-0498-11dd-a7b6-313ce24bfa55/asa200052008eng.html. 11 International People’s Tribunal on Human Rights and Justice in Indian-Administered Kashmir. (2008, April 5). Announcement on the Tribunal. Retrived August 4, 2008 from www.kashmirprocess.org. 12 Attack on Advocate Parvez Imroz, Appeal for Solidarity.(2008, July 1). Retrieved August 3, 2008 from www.kashmirprocess.org. 13 European Parliament Human Rights Subcommittee Hearing on Kashmir Brussels. (2008, July 16) Retrieved August 4, 2008 from www.kashmirprocess.org. 14 European Parliament resolution on allegations of mass graves in Indian-administered Kashmir. (2008, July 10). Retrieved August 5, 2008 from www. kashmirprocess.org. * Aasia worked with a non-governmental organization called Kashmiri Women’s Initiative for Peace and Disarmament and was a regular writer of a magazine called, “Voices Unheard.” She also served as a volunteer for the APDP. (see Aasia Jeelani on page 38)

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