Militarization, nexus between State and nonState, State institutions and cessation of human rights i

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Militarization, nexus between State and
non-State, State institutions and cessation of
human rights in Jammu and Kashmir

• Evidence from the field work
• Shafat N. Ahmad

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Points to cover

• Extensive militarization of the Kashmiri space-
  public and private
• Nexus between the State and non-State
• State institutions and their failure to address
  issues of human rights violation
• A familys struggle to find their disappeared
  son

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Context of militarization (1)

• The abuse of power and violation of human rights
  need to be placed in the context of
  militarization in JK, which is the background to
  issues of research in the state. In a province
  where the Indian state faces a crisis of
  legitimacy, the use of military force to curb
  dissent and intimidate the population becomes an
  important tool.
• Troops 600,000
• Police 65,000
• Special Police Officers 25,000
• Army camps are spread systematically, many times
  encroaching private space as means of
  intimidation, and other times without any
  compensation.
• Some journalists provided us with some data on
  how this has affected the lives of many.

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Context of militarization (2)

• Indian Express journalist Basharat Masood points
  out that in Sopore, one can find almost 15 army
  camps within a range of 2 kms. This not only
  creates constant fear in the minds of people, but
  also makes them dependent on the army for daily
  living. In the districts of Uri, Gurez, Keran,
  Lola and others, the army controls the supply of
  food, healthcare, fuel, commodities and so on.
  People from Srinagar need to apply for permission
  a month in advance to visit these areas.
• Many people from Sopore have been misplaced from
  their homes when officials took over their houses
  for the purpose of army use.
• The air-force base, which was taken over from
  villagers, lies over 34,000 kanals of
  agricultural land.
• Ex-Greater Kashmir journalist Hilal Saki says
  that in the village of Dragmalla, near Kupwara,
  the army has taken over entire terrace fields
  belonging to villagers.
• In some other places, the fencing of large army
  camps run through the courtyard of houses, and
  army personnel find it in their legitimate league
  to harass villagers.
• For whatever land or property was confiscated
  from villagers in the above cases, not a paisa
  has been paid in terms of compensation.

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Point of contention

• The point I wish to make here is that without
  understanding the extent to which military
  presence alone affects the life of a common
  Kashmiri in totality, an attempt to understand
  the violation of human rights will continue to
  remain a soft issue, forever to be handled
  later.

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Nexus between State and non-State

• The co-option of non-State individuals
  (renegades) by the army to curb militancy in
  Kashmir is neither a new or unknown phenomena. It
  has been widely documented by Human Rights Watch
  in their report in 1996.
• The 2001 US State Department Report on Human
  Rights in India estimates that there are about
  3000 such renegades operating in Kashmir who
  remain the most dreaded group and continue to
  engage in excesses.
• I intend to highlight some of the cases that we
  encountered during our field visit that
  elucidates this point further, and shows the
  brutal nature of force employed by the army in
  compliance with these non-State individuals, at
  times to pursue agendas not related in any way to
  national security.

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Examples of non-State power

• We visited the village of Soibugh in district
  Budgam, the place from which the battles of both
  Hizbul Mujahideen (HM) and JKLF had emerged.
• All the families we spoke to told us about the
  atrocities committed by a former militant,
  Mushtaq Pala, who was later working as an army
  source and lived inside the nearby army camp.
• We were able to speak to two families who became
  direct victims of Mushtaq Palas hunt for his
  brothers assassins, a personal goal he managed
  to pursue with the backing of the officials from
  the RR battalion posted there from 1999-2001.

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Victims of non-State abuse (1)

• Abdul Majid Malik (35) was killed by the forces
  in February 1999, after having been tortured in
  custody and in front of his family for days
  before that. Malik was a former militant, who had
  given up the gun and was leading a normal life
  (doing needle-work), when Pala brought army
  persons to his house. Over a period of 3 days, RR
  personnel, along with Pala, took him away for
  interrogation, brought him back to the house in
  a bloodied and battered condition, tortured him
  with electric shocks in the house courtyard
  (alongside his brothers), threatened to kill his
  4 year old daughter, took him away, and was later
  said to have been shot in an encounter at
  Pattan (his body was covered with bullet and
  knife marks). Reason They should have known who
  killed Mushtaq Palas brother.
• His family was made to sign some papers stating
  that they were never harassed by the army, though
  Maliks brothers continued to be harassed for a
  long time after that till the death of Pala in
  2001.

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Victims of non-State abuse (2)

• Ghulam Nabi Wani (50) died in August 2001, after
  having succumbed to injuries he suffered from
  gruesome torture by army officials, and Mushtaq
  Pala. He was an independent labour who earned a
  living from digging graves and agriculture, from
  which he supported a family of 8. Wani was
  friendly with the villagers and he shared no
  friction with any of them. The family suspects
  that Wani was personally picked by Pala because
  he dug graves and could provide information on
  dead militants and others. Doctors stated in
  their reports that Wanis injuries (which he
  suffered in army custody) were a cause of his
  eventual death a month after he was released.
• Wanis wife was made to thumb print on blank
  papers by army officials on his release from
  custody.
• Mushtaq Pala died on 31 July 2001.

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Truth? Justice? Accountability?

• Mushtaq Pala was known throughout the village for
  abduction and torture of people inside the local
  army camp, often for ransoms or for information.
  Not even the village headman had been spared, and
  everyone lived in fear of Pala while he was
  alive. Some families have no idea why their
  members were picked up. Those who know did not
  dare file complaints from fear of army
  retaliation.
• Facts about local goons and former militants
  co-opted with the army in Kashmir has been stated
  in reports a-plenty.
• What are the clear ways in which non-State actors
  can be held accountable for implementing the
  armys clandestine operations? How can victims be
  given enough protection to make sure they are
  able to fearlessly testify in a court of law?

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Role of State institutions

• The State Human Rights Commission (SHRC) was set
  up in Srinagar following the JK Protection of
  Human Rights Act, 1997.
• The chairperson and other members are appointed
  by the Governor on the recommendations of Chief
  Minister, Speaker of Legislative Assembly,
  Chairperson of the legislative Council, Ministry
  of home in the state and leader of opposition in
  the Legislative Council and so is the procedure
  for the dismissal of the Chairperson and of the
  Members of Commission.
• One of the main functions of Commission is to
  hold enquiries and investigation regarding the
  complainants of human rights violations, and
  intervene in any proceedings involving any
  allegation or violation of human rights pending
  before a court with the approval of such court.

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Performance of the SHRC
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Nature and quantity of complaints before the SHRC

• From the inception of the Commission till 31
  March 2008, the Commission has received 595 cases
  of disappearances and 225 cases of custodial
  deaths.
• From the inception of the Commission till 31
  March 2008, the Commission has disposed off 286
  cases of disappearances and 80 cases of
  custodial deaths.
• The nature of other complaints received have been
  classified under harassment, compassionate
  appointment, ex-gratia relief, death
  compensation, murder, others, rape, death
  investigation, occupation and release.

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Types of recommendations made by the SHRC

• Register a criminal case against guilty persons
• investigate the matter and produce a challan
  before a competent court of law
• pay compensation or ex-gratia relief to the
  victim or victims family with respect to
  Government Order No. 723-GR(GAD) of 1990 dated
  10.07.1990
• adjust a family member in a Government job under
  compassionate appoint (SRO- 43).

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The SHRC and realities

• It lacks financial independence
• the state government retains the powers to
  appoint and transfer its technical staff
• the commission's recommendations are not
  mandatory
• the investigating team is to be led by the
  Inspector General of Police, but complaints lie
  against the police too, and thus investigations
  are problematic and biased
• the government does not explain or talk to the
  Commission while refusing to implement its
  recommendations.

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Cessation of human rights

• Showkat Ahmed Paul was 22 years of age and a
  third year B.A. student when he disappeared
  from Srinagar in June 2003.
• His parents have placed complaints before the
  police, SHRC, UN, Chief Minister, looked for him
  at various army camps, gained information
  unofficially about their sons custody in
  separate army camps, and lost him again due to
  politics or bureaucracy.
• Since Showkats family could not be here to speak
  to us, I will play some audio clips from our
  discussion with his father, Rashid Ahmed Paul, to
  elaborate how his parents were pushed from one
  closed door to the other.

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Private admission

• An official Rashid spoke to, admitted to, with
  the help of existing records, the fact that
  Showkat was held in army custody. (Insert
  Private admission of abduction)

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Corruption

• After official acceptance and recording of how
  Showkat was abducted, officials tampered with the
  records in order to corrupt the complaint.
  (Insert How officials tamper and corrupt..)

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Unofficial sources

• The boys father, Rashid, went first to the SHRC
  (instead of the court to avoid harassment) with
  the information he had gathered through other
  sources. (Insert How do parents know what
  happened)

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Official response

• When Rashid approached officials, armed with
  information, the response was abysmal. (Insert
  Official response to complaint..)

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Chief Minister to Chaprasi

• Rashid approached every forum possible but to no
  avail. (Insert The range of officials father..)

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Conclusion