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Srinagar, Indian Occupied Kashmir. 21st July, 2017.

Kashmiri womens shout slogans, during


the funeral of Tanveer ahmad wani.in central Kashmir’s Beerwah town after The Indian army
shot and killed a man and wounded another while firing at a group of protesters
Credit: Sofi Suhail/Alamy Live News

PUBLISHED BY

Compiled & edited by


Altaf Hussain Wani
Researched by
Ghulam Hassan
Adv. Parvez Shah
Mehr un-Nisa
TABLE OF CONTENTS

Introduction 4

Killings 5

Pellets Victims 10

Torture Victims 12

Arbitrary Detentions 14

Fake Encounters Another


Opportunity of Accountability Lost 16

OIC- IPHRC Fact Finding Mission,


Report of IOK 18

Findings 18

3
INTRODUCTION

The military occupation of Jammu and Kashmir, by the Indian state is not
enacted in abstraction. It is sustained by its ability to insinuate itself into the
social fabric, economic life and cultures of violence in a particular commu-
nity. It works not only through the armed control over physical territory, but
through the terrorizing of minds and bodies by enacting spectacular displays
of necrophilic power and violence.
The events that took place in Indian occupied Kashmir in last two and half
decade lead us to know about different way in which the military apparatus
not only penetrates the lives of people who live at its mercy but also in judi-
ciary and other organs of government. They expose the nitty-gritty realities
of how the violent and total militarization of lives and livelihoods renders the
lines between civilian and military operatives and institutions (army, police,
and Indian funded and armed ‘counter insurgency’ operatives, informers
and ‘sources’) simultaneously non-existent, and rigidly impermeable, and
the mechanisms by which war crimes by the Indian state against unarmed
women, children and other civilians can be officially constructed and how
Indian judiciary failed to provide justice to the victims
Indian rule in Occupied Kashmir can be characterized as militarization, re-
pression, economic deprivation, and indiscriminate violence, including, ex-
tra judicial killings, disappearances, torture, arbitrary detention, rape, fake
encounters and at various time, the denial of democratic processes, the
manipulation of election, loss of life and property. Patterns of Sustained dis-
enfranchisement and marginalization have entrenched Kashmiri collective
feelings of alienation from the Indian state.
Kashmir Institute of International Relations documented almost each and
every human rights violation and produces periodical reports on the situa-
tion of human rights in Indian Occupied Kashmir. This document will reflect
on the happenings during May 2017 to August 2017, including cases of
innocent killings, torture, arbitrary detention, political victimization and miss
carriage of justice. KIIR would like to appreciate the work of human rights
defenders and researchers who risked their lives while documenting these
cases to bring to the public domain.

4
KILLINGS pooch was killed by Indian
Army’s shelling on LoC, Battal
sector Poonch. According to
Poonch deputy commissioner
Victim # 1 Raja Tahir Mumtaz “The Indian
Name: Aijaz Ahmed Mir. troops started shelling in Battal
Resident of: Brath, Sopore, District Baramullah. sector at about 7 am without any provocation, targeting
Agency involved: Rashtriya Rifles, 92 CRPF, 177 and civilian populations with both small arms and mortars”.
179 Bn & North Range QRT.
Date of incident: June 01, 2017. Victim# 5
Testimony: Aijaz was killed in a fake encounter when
Indian forces launched a crack-down operation in Sopore Name: Adil Ahmad Magray
area of North Kashmir during the week hours on June 01, Age: 19 years
2017. A case vide FIR No 143/2017 was registered in Father’s Name: Farooq Ahmad
Police Station Sopore. Resident of: Ganapora Shopian
Agency Involved: Indian Forces
Date of incident: 6th June, 2017
Victim # 2 Place of Incident: Ganapora Shopian, south Kashmir 
Name: Basharat Ahmed Sheikh. Testimony: 19-year-old Adil Ahmad Magray son of Farooq
Resident of: Bomai, sopore of Baramullah District. Ahmad of Ganapora Shopian was
Agency involved: Army’s 22 Rashtriya Rifles, 92CRPF, injured when Indian army fired bullets
177 & 179Bn & North Range QRT and pellets on a group of peaceful
Date of incident: June 01, 2017. protestors in Ganapora village of
Testimony: Basharat and his friend were killed in a fake Shopian district on 6th of June. Adil, a
encounter when Indian forces launched a cordon and BA 1st year student was rushed
search operation in Sopore area of Baramullah district to District Hospital where doctors
in wee hours on June 01, 2017. A case vide FIR No declared him as brought dead.
143/2017 was registered in police station Sopore.
Victim# 6
Victim# 3 Name: Muhammad Ashraf Khar
Name: Ghazar Ahmed Age: 22
Resident of: Kakuta village Father’s Name: Ghulam Hassan Khar
Age: 20 Resident of: Kharpora Arwani village
Agency Involved: Indian Forces Agency Involved: Indian Army
Date of incident: June 01, 2017 Date of incident: 16th June, 2017
Place of Incident: Battal sector, Pooch Place of Incident: Arwani village of Bijbehara in south
Testimony: Ghazar Ahmed resident of Kakuta village, Kashmir’s Anantnag district
pooch was killed by Indian Army’s shelling on LoC, Battal Testimony: Muhammad Ashraf was killed and at least
sector Poonch. According to Poonch deputy commissioner 30 others injured on 16th of June as government forces
Raja Tahir Mumtaz “The Indian troops started shelling opened fire and used pellets and teargas shells on
in Battal sector at about 7 am without any provocation, protesters who tried to march peacefully towards the
targeting civilian populations with both small arms and fake encounter site in Arwani village of Bijbehara in south
mortars”. Kashmir’s Anantnag district.

Victim# 4 Victim# 7
Name: Sardar Fazal Ahmed Name: Ehsan Mushtaq
Resident of: Darra Sher Khan village Father’s Name: Mushtaq Ahmad Dar
Age: 60 Resident of: Shamsipora village of Qaimoh, Kulgam
Agency Involved: Indian Forces Agency Involved: Indian Army
Date of incident: 1st June, 2017 Date of incident: 16th June, 2017
Place of Incident: Battal sector, Pooch Place of Incident: Arwani village of Bijbehara in
Testimony: Ghazar Ahmed resident of Kakuta village, south Kashmir’s Anantnag district

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Testimony: Ehsan Mushtaq was Victim# 10
killed and at least 30 others Name: Basit Ahmad Mir
injured on 16th of June when Resident of: Andergam Pattan, North Kashmir.
government forces sprayed Agency Involved: J&K Police, Army’s 22 Rashtriya Rifles
bullets, pellets and teargas and Personal of 179, 177 and 92
shells on protesters who tried Battalions of CRPF.
to march towards the fake Date of incident: 21 June, 2017
encounter site in Arwani village Place of Incident: Pazalpora area of Sopore in north
of Bijbehara in south Kashmir’s Anantnag district. Eshan Kashmir’s Baramulla district
was a student of 8th class and was not even part of that Testimony: On June 21, 2017 Indian forces launched
protest. He had bullet injury in chest. a fake encounter at Pazalpora area of Sopore in north
Kashmir’s Baramulla district and killed Basit Ahmad Mir.
Victim# 8 As the word about Basit’s killing spread at Andergam
Name: Naseer Ahmad Sheikh Pattan,, shopkeepers closed their shops and traffic went
Age: 22 off the roads. Thousands of people, including men and
Resident of: Ashtangoo in Bandipora district women, participated in the funeral procession of Basit.
Agency Involved: Sashshtra Seema Bal (SSB) of Indian
Army
Date of incident: 16th June, 2017 Victim# 11
Place of Incident: Bandipora, North Kashmir. Name: Majid Mir
Testimony: On June 16, 2017 Father’s Name: Abdul Hameed
Naseer Ahmad, 22, was injured Resident of: Railway Colony Kakapora
during a peaceful protest in Agency Involved: Indian Forces
Bandipora that turned violent when Date of incident: 22nd June, 2017
government forces used excessive Place of Incident: New Colony, Kakpora
forces against protestors. Naseer Testimony: On 22nd June, 17, Majid Mir was killed when
was shot in chest, immediately Indian Forces in Kakapora area of south Kashmir’s
rushed to JVC hospital Srinagar Pulwama district opened fire during a fake encounter.
where he was provided necessary first aid and was
shifted to Soura Institute of Medical Sciences in Srinagar
Victim# 12
for specialized treatment but he succumbed to his injures.
Name: Shakir Ahmad Gugjoo
Victim# 9 Father’s Name: Bashir Ahmad
Resident of: Main Bazaar Kakapora
Name: Gulzar Ahmad Lone Agency Involved: Indian Forces
Resident of: Brath Sopore, District Baramullah. Date of incident: 22nd June, 2017
Agency Involved: Joint Party of J&K Police, Army’s 22 Place of Incident: New Colony, Kakpora
Rashtriya Rifles and Personal of 179, Testimony: On 22nd June, 17, Shaakir Ahmad Gugjoo
177 and 92 Battalion of CRPF. was killed in a fake encounter when Indian Forces fired
Date of incident: 21 June, 2017 indiscriminately in Kakapora area of south Kashmir’s
Place of Incident: Pazalpora area of Sopore in north Pulwama district during a cordon and search operation.
Kashmir’s Baramulla district Before killing Shakir, the forces tried to intimidate the
Testimony: Gulzar Ahmad Lone was killed in fake villagers by illuminating the whole area while using
encounter by Indian forces at Pazalpora area of Sopore generators.
in north Kashmir’s Baramulla district on 21st June, 2017.
At Gundbrath, thousands of people carried the body of
Victim# 13
Gulzar on their shoulders and marched through the
villages to protest against this innocent killing. Name: Sheeraz Ahmad Dar
Father’s Name: Muhammad Sultan
Resident of: Aganzipora Awantipora of South
Kashmir.
Agency Involved: Indian Forces
Date of incident: 22nd June, 2017
Place of Incident: New Colony, Kakpora Pulwama District.

6
Testimony: On June 22, 20 17, Indian Forces entered in Victim# 16
Kakapora area of south Kashmir’s Pulwama district. They Name: Shadab Ahmad Chopan
created fear among the civilians by showering countless Age: 22 years
bullets and then killed Sheeraz by staging a drama of so Agency Involved: Indian Troops
called encounter. Date of incident: July 01, 2017
Place of Incident: Brenti-Batpora village in Dialgam area
of Anantnag district 
Testimony: On July 01, 2017,
Shadab Ahmad Chopan was killed
when Indian forces carried out a
brutal attack on a group of people
who were protesting against
Indian Army’s fake encounters
and search operations. Indian
Army opened fire on protestors
Victim# 14 which resulted in Shadab Ahmad
Name: Tawseef Ahmad Bhat Chopan’s killing.
Father’s Name: late Ghulam Hassan
Resident of: Tengpuna, Pulwama Victim # 17
Agency Involved: Indian Forces
Date of incident: 22nd June, 2017 Name: Aqib Gul
Place of Incident: Hajin, North Kashmir Father’s Name: Ghulam-ud-Din Dar
Testimony: As the word about the killing of three kashmiris Resident of: Goripora Budgam, Central Kashmir.
Majid, Shakir & Sheeraz spread in Kakapora and its Agency involved: Joint Party of Police, Army’s Rashtriya
adjoining areas, hundreds of people including men, Rifles &
women and children staged massive protests. The forces (CRPF).
used teargas shells, sound shells and pellets to disperse Date of incident: 12 July, 2017
the protesters. In the clashes, Tawseef Ahmad Bhat was Place of Incident: Redbugh village in Budgam district
hit by pellets in his abdomen and had a deep wound in Testimony: The killing of youth triggered massive protests
neck. He was rushed to Kakapora hospital wherefrom he and clashes in their native places including Downtown
was taken to Pampore hospital where doctors declared Srinagar, in which at least 40 people sustained injuries.
him as brought dead. Seven of them were hit by pellets in their eyes. Thousands
of people joined their funeral prayers amid pro-freedom
sloganeering.

Victim# 15
Name: Tahira Begum Victim# 18
Age: 42
Agency Involved: Indian Troops Name: Javaid Ahmad Sheikh
Date of incident: 1st July, 2017 Father’s Name: Wali Muhammad
Place of Incident: Brenti-Batpora village Dialgam, Resident of: Churpora, Beerwah, Budgam District.
Anantnag district, South Kashmir. Agency Involved: Joint Party of Police, Army’s Rashtriya
Testimony: On July 01, 2017, Tahira Begum was killed Rifles and Central Reserve Police
when Indian forces fired at a group of villagers who Force(CRPF).
were protesting peacefully against Indian Army’s fake Date of incident 12 July, 2017
encounters and search operations. Place of Incident: Redbugh village in Budgam district

7
Testimony: The killing of youth triggered massive protests killed both of them. As gunshots were heard in the area,
and clashes in their native places including Downtown hundreds of villagers came out on to the streets shouting
Srinagar, in which at least 40 people sustained injuries. anti-India slogans.
Seven of them were hit by pellets in their eyes. Thousands
of people joined their funeral prayers amid pro-freedom Victim # 21
sloganeering.
Name: Muzaffar Hajam.
Resident of: Danweth, Kokernag 
Date of incident: July 17, 2017
Place of Incident: Anantnag, South Kashmir.
Agency Involved: Army’s 19 Rashtriya Rifles &
Personal of Special Operations Group of J&K Police.
Testimony: On July 17, 2017, Muzafar Hajam was
travelling in a vehicle with his friend namely Shoukat.
Indian Army attacked their vehicle with bullets and killed
both of them. Hundreds of villagers came out on to the
Victim # 19 streets while shouting anti-India slogans soon after these
killings.
Name: Sajad Ahmed Gilkar.
Father’s Name: Nazir Ahmad.
Resident of: Malaratta  Nowhatta, Srinagar
Agency Involved: Joint party of police, Army’s 2 Rashtriya
Rifles and (CRPF).
Date of incident: 12 July, 2017
Place of Incident: Redbugh village in Budgam district
Testimony: Sajad was killed in a cordon and search
operation. The killing of youth triggered massive protests
and clashes in their native places including Downtown
Srinagar, in which at least 40 people sustained injuries.
Seven of them were hit by pellets in their eyes. Thousands
of people joined their funeral prayers amid pro-freedom
sloganeering.

Victim # 22
Name: Muhammad Abdullah Ganaie
Age:               60 years.
Parentage:     Hussainpora Arwani, South Kashmir.
Date of Incident:   July 19, 2017
Victim# 20 Place of Incident:    Goriwan Bijbehara town
Testimony: Abdullah sustained bullet injury in his
Name: Shoukat Lohar. thigh when Indian forces brutally attacked a group of
Resident of: Arwani, Bijbehara, peaceful pro-freedom protesters. He was immediately
Date of incident: July 17, 2017 shifted to sub district hospital Bijbehara where from he
Place of Incident: Anantnag, South Kashmir. was referred to Bone and Joint Hospital Srinagar for
Agency Involved: Army’s 19 Rashtriya Rifles & Personal specialized treatment. However his condition deteriorated
of Special Operations Group of J&K after which he was shifted to SKIMS, where he breathed
Police. his last. He was the sole bread winner of his family.  One
Testimony: On July 17, 2017, Showkat Lohar was of his daughters Sami Jan is pursuing bachelor’s degree
travelling in a vehicle with his friend Muzaffar. Indian while three sons Wasim, Gowhar and Adil are studying in
Army, all of a sudden, opened fire on their vehicle and class 10th, 9th and 6th respectively.

8
Victim: 23 Pulwama. During this operation
Name: Arooba Farooq Shariq Ahmed was killed in a fake
Age: 9 years encounter. Massive protests broke
Father’s Name: Farooq Ahmad Zargar out and dozens of youth were
Place of Incident: Village Aglar district Shopian, South injured in massive clashes between
Kashmir. government forces and youth
Date of Incident: July 20, 2017 following the killing of Shariq and
Testimony: Nine-year-old innocent Shabir. Complete shutdown was
girl Arooba had left home for school. observed and Internet was snapped
However, on the main road she came in Pulwama and Shopian districts
under an army truck, which was soon after the fake encounter. 
part of a convoy carrying military
operation in the area. Wittiness said it Victim# 26
was not an accident but a deliberate Name: Shabir Ahmad Mir
attempt by forces to inflict pain on Resident of: Mihind Bijbehara, Anantnag
local population. Date of incident: July 30, 2017
Place of Incident: Pulwama South Kashmir.
Victim# 24 Agency Involved: Indian Army
Name: Tanveer Ahmed Wani Testimony: On July 30, 2017 Indian forces launched
Age: 22 years a late night cordon and search operation in Tahab
Father’s Name: Muhammad Akber Pulwama. During this operation Shabir Ahmed was killed
Resident of: Beerwah in a fake encounter. Massive protests broke out and
Date of incident: 20th July, 2017 dozens of youth were injured in massive clashes between
Place of Incident: Beerwah in Budgam district government forces and youth following the killing of
Agency Involved: 53 Rashtriya Rifles of the Army Shariq and Shabir. Complete shutdown was observed and
Testimony: Indian Army on July Internet was snapped in Pulwama and Shopian districts
20, 2017 shot dead Tanveer soon after the fake encounter. 
at Beerwah area of Budgam
district. A witness said soldiers of Victim# 27
army’s 53 Rashtriya Rifles who Name: Mohammad Younus Sheikh
were on a patrol duty opened fire Age: 16 Years
on a group of peaceful protestors Father’s Name: Abdul Khaliq Sheikh
who had hit the streets against Place of Incident: Gulab Bagh  Tral, District Pulwama.
thrashing of vendors. Two Resident of: Village Saimoo Tral.
persons including Tanveer were Date of Incident: 09th Aug, 2017
injured when troops opened Agency Involved: 53 RR , CRPF , JK Police
fired. Tanveer later succumbed Testimony: On August 09, 2017, Indian forces attacked
to his injuries. Pertinently, police had earlier said that army Gulab Bagh area of Tral Pulwama with bullets and pellets.
men opened fire after mistaking sound of fire crackers The ruthless forces used indiscriminate force against
with a grenade blast. FIR vide No 74/2017 under section the civilian population and injured many people. Younus,
307 has been lodged at police station Beerwah against a son of an ex-army man, was one among the injured
53 RR persons. He died due to multiple pellet injuries.

Victim # 25 Victim# 28
Name: Shariq Ahmed Sheikh Name: Muhammad Sayeed Bhat 
Age: 25 year. Age: 25, Year
Resident of: Gulzarpora Takuna Father’s Name: Ghulam Hassan Bhat
Date of incident: July 30, 2017 Resident of: Zanipora Sharimal, District Shopian,
Place of Incident: Tahab village of Pulwama district South Kashmir,
Agency Involved: Indian Army Place of Incident: Village Anweera, District Shopian
Testimony: On July 30, 2017 Indian forces launched Agency Involved: Indian Army and CRPF
a late night cordon and search operation in Tahab Date of Incident: 13th of August 2017

9
Testimony: One Victim# 30
Muhammad Name: Gowhar Ahmad Dar       
Sayeed Bhat, 25, of Age: 16 Years 
Shirmal, who was Parentage: Abdul Rahim Dar
hit by bullet when Resident of: Nagbal, Shopian
forces resorted Place of Incident:  Nagbal, Shopian
to indiscriminate Agency Involved:  Indian Army
firing on peaceful Date of Incident:   19th of August, 2017
protestors in
Anweera village
of District Shopian
on 13th of August,
2017. Bhat was rushed to SMHS hospital in Srinagar
where he succumbed to his injuries at around 9.30 pm.
He had suffered bullet injuries in his abdomen.  Near a
dozen people got injured in the incident.

Victim# 29
Name: Owais Ahmad Dar       
Age: 22 Years 
Parentage: Muhammad Shafi Testimony: Gowahar Ahmad Dar, 16 was kidnapped by
Resident of: Kakapora, Pulwama. state task force personnels on 16th of August, later on his
Place of Incident:  Kakpora Pulwama dead body was found in pool of blood in near by orchad.
Agency Involved:  Central Reserve Police Force and J&K
Police Victim# 31
Date of Incident:   13th of August, 2017 Name: Shahid Bashir Meer       
Age: 21 Years 
Parentage: Bashir Ahmed Meer
Resident of: Darel Tarthpura, Handwara
Place of Incident:  Hanigikote, Handwara
Agency Involved:  Indian Army
Date of Incident:   24th of August, 2017
Testimony: Shahid Bashir
Meer student of BA part-I
Degree College Handwara
was murdered in cold blood
by Indian Army. According
to his father Shahid was
picked by army conveoy on
20th August and had since
Testimony: Owais Ahmad Dar, son of Muhammad Shafi missing. Kashmir police
of Kakapora sustained multiple pellet injuries in right chief also testify that Shahid
part of his chest when government forces fired pellets Meer was civilian and no
to disperse the protesters near Kakapora in Pulwama weopon was recovered from him, how he got killed is a
district on Sunday afternoon. Owais was rushed to nearby matter of investigation.
hospital where from he was referred to SMHS hospital in
Srinagar where doctors declared him as brought dead. Human rights activist Khurram Parvez said that there was
The killing triggered protests in the area, with hundreds of a financial reward for such killings. “The army does such
people hitting the streets against it. According to hospital acts for monetry benefit. They want to kill the civilians and
sources 15 people received injuries, with one serious pass them of as millitants because they get huge moetry
bullet injury and 2 serious pellet Injuries. Seriously Injured rewards for killing millitants in Kashmir.
were identified as Shahid Ahmad, Yawar Ahmad and
Arshad Ahmad. 

10
PELLETS VICTIMS his left eye was injured with pellets in the month of March.
Farzan was the only son and hope of his heart-patient
Despite the widespread condemnation and criticism father Nazir Ahmed Sheikh, who runs a small shop in
from international community, India did not halt the Nawabazar, not far from his home.
indiscriminate use of Pellet-Gun against Kashmiri
civilians. In the past one year pellets have injured over Victim Name: Umar Fayaz
12,000 Kashmiris, around 1,500 of them in eyes. At least Age: 17 years
75 have been injured in both the eyes which rendered Parentage: Fayaz Ahmed
them completely visionless for the rest of their life. Address: Gooru Pulwama, South Kashmir.
Religion: Muslim
Victim Name: Sahil Hamid Civil Status: Single
Age: 16 years Place of incident: Gooru Pulwama.
Parentage: Abdul Hamid Butt Date of incident: Aug 01, 2017.
Address: Shopian South Kashmir On Aug 01, Indian forc-
Religion: Muslim es attacked a group
Civil Status: Single of Kashmiri protesters
Profession: Student of 10th Class. with pellets in Gooru
Place of incident: Bonmohalla Shopian. village of Pulwama
Date of incident: Aug 13, 2017. district. Besides receiv-
On Aug 13, 2017, the ing multiple injuries in
occupation troops carried his body, Umar Fayaz
out many attacks on lost both of his eyes
civilians in South Kashmir’s to these ruthless pellets. He was admitted to the Trauma
Shopian and Pulwama theatre of the SMHS hospital Srinagar.
districts. 13 people
with pellet injuries were Victim Name: Sara Begum
admitted in SMHS Hospital Age: 50 years
Srinagar and 9 of them had Address: Reshi Mohalla Shopian
eye injuries. Sahil was injured at 6.30 pm near Bonmohalla Religion: Muslim
Shopian when the troops, who were returning from a fake Civil Status: Married
encounter operation, fired pellets at him. Sahil, the only Profession: House Wife
son of a poor labour Abdul Hamid Butt, will never be able Place of incident: Shopian, South Kashmir.
to see again as he has been deprived of both the eyes. Date of incident: July 08, 2017.
This unfortunate boy has also lost his mother to cancer, On July 08, 2018,
nine years ago. the occupation troops
raided Shopian’s Reshi
Victim Name: Farzan Sheikh Mohalla and ransacked
Age: 16 years. many houses besides
Parentage: Nazir Ahmed Sheikh. eroding the privacy of
Religion: Muslim. local villagers. When the
Civil Status: Single women of these victim
Profession: Student of 10th Class. families tried to come
Place of incident: Shah Mohalla Nawabazar, Down Town, out of their homes to
Srinagar. lodge a protest against
Date of incident: August 07, 2017. this ransacking, the
On August 07, Farzan was troops attacked them
attacked with pellets near his with pellets which left
home in Nawabazar at around 11 seven women injured.
pm. The boy sustained serious Sara sustained pellet
injuries into his eyes and was injuries in her eyes
rushed to SMHS Hospital Srinagar. during this brutal attack
The occupation forces had already and with her perforated eyes she was referred to SMHS
snatched half of his vision when Hospital Srinagar where doctors sealed her wounds.

11
Victim Name: Ghulam Mohid-u-din Mir
Age: 60 years
Address: Seelu Sopore, Baramulla district.
Religion: Muslim.
Civil Status: Married.
Profession: Farmer.
Place of incident: Sopore Baramulla.
Date of incident: Jun 22, 2017.
According to Victim’s son
Shoukat Ahmed, Mir was
injured on June 22 in the
morning when the local
residents approached the Victim Name: Tariq Ahmad Chopan
government forces to demand Age: 21 years
the bodies of two boys who had Parentage: Muhammad Yousuf Chopan
been killed by the occupation Address: Dehruna Anatnag, South Kashmir.
troops earlier. The elders were Religion: Muslim
in the first row of the procession Civil Status: Single
that was demanding the bodies. Profession: Student/Labour
But instead of giving the bodies Place of incident: Breethni Batpora, Dialgam, Anatnag
of slain boys the Indian forces district.
replied with indiscriminate Date of incident: July 01, 2017
pellet firing. Both the eyes of Mir sustained injuries which Tariq was hit by a bullet in his face when the occupation
are very serious as per a senior ophthalmologist of the forces fired indiscriminately on civilians who had gathered
SMHS Hospital Srinagar. Doctors attending Mir, has said to protest against the military repression carried out in
that he is in deep trauma and it will take him some more Breethni Batpora Anatnag in South Kashmir. Tariq was
time to get out of it. rushed to SMHS Hospital immediately but he suffered
heavy blood loss as it took their Ambulance three long
Victim Name: Akeel Ahmad Butt hours to reach the Hospital, due to the hurdles created by
Age: 17 years the forces. Tariq had left his studies in 12th class and had
Parentage: Late Abdul Majeed started to work as a labor after his father was diagnosed
Address: Gabbarpora Pulwama South Kashmir. with blood cancer. All the hopes of Tariq’s father have
Religion: Muslim been buried with the body of his young son.
Civil Status: Single
Profession: Student of 11th Class
Place of incident: Gabbarpora Pulwama TORTURE VICTIMS
Date of incident: Aug 01, 2017. (June-July, 2017)
On Aug 01, 2017, Indian forces opened fire on a group of Victim # 1
young men who were protesting against the killing of two Name: Malick Muhammad Jamil
Kashmiris at the hands of forces in Gabbarpora Pulwama. Resident of: Battal Village
Akeel had sustained bullet injuries in this brutal attack. He Date of incident: 1st June, 2017
was rushed to Pulwama District Hospital where he was Place of Incident: Battal village
operated upon and later referred to SKIMS Srinagar. Akeel Agency Involved: Indian Army
breathed his last on Wednesday morning, Aug 02, 2017. Testimony: On June 01, 2017 Indian troops initiated
unprovoked firing at Battal, Jandrot and Hotspring (Tatta
Pani) sectors at LoC. This unprovoked firing which began
in the wee hours of 1st June, 17 continued intermittently till
noon, targeted civilians and left Malick Muhammad Jamil
injured. He was immediately admitted to the hospital.
According to Poonch deputy commissioner Raja Tahir
Mumtaz “Due to shelling, students in the area could not
take their intermediate examination on Thursday, 1st June,
2017. The intermediate board has cancelled today’s
paper and it will be taken on a new date”.

12
Victim # 2 Victim# 5
Name: Syeda Faria Kabir. Name: Tayyiba Hanif
Resident of: Battal Village Resident of: Rakkar village
Date of incident: June 01, 2017 Agency Involved: Indian Forces
Place of Incident: Battal village Date of incident: 1st June, 2017
Agency Involved Indian Army Place of Incident: Rakkar village
Testimony: On 1st June, 2017 Indian troops initiated Testimony: On 1st June, 2017 Indian troops initiated
unprovoked firing at Battal, Jandrot and Hotspring (Tatta unprovoked firing at Battal, Jandrot and Hotspring (Tatta
Pani) sectors at LoC. This unprovoked firing which began Pani) sectors at LoC. This unprovoked firing which began
in the wee hours of 1st June, 17 continued intermittently in the wee hours of 1st June, 17 continued intermittently
till noon, targeted civilians and left Syeda Faria Kabir till noon, targeted civilians and left Tayyiba Hanif injured.
injured. She was immediately admitted to the hospital. She was immediately admitted to the hospital.
According to Poonch deputy commissioner Raja Tahir According to Poonch deputy commissioner Raja Tahir
Mumtaz “Due to shelling, students in the area could not Mumtaz “Due to shelling, students in the area could not
take their intermediate examination on Thursday, 1st June, take their intermediate examination on Thursday, 1st June,
2017. The intermediate board has cancelled today’s 2017. The intermediate board has cancelled today’s
paper and it will be taken on a new date”. paper and it will be taken on a new date”.

Victim# 3 Victim# 6
Name: Qazi Mohammad Safeer
Resident of: Lachyal village Name: Nasreen Akhtar
Agency Involved: Indian Forces Resident of: Mandhol village
Date of incident: 1st June, 2017 Agency Involved: Indian Forces
Place of Incident:   Lachyal village Date of incident: 1st June, 2017
Testimony: On 1st June, 2017 Indian troops initiated Place of Incident: Mandhol village
unprovoked firing at Battal, Jandrot and Hotspring (Tatta Testimony: On 1st June, 2017 Indian troops initiated
Pani) sectors at LoC. This unprovoked firing which began unprovoked firing at Battal, Jandrot and Hotspring (Tatta
in the wee hours of 1st June, 17 continued intermittently till Pani) sectors at LoC. This unprovoked firing which began
noon, targeted civilians and left Qazi Mohammad Safeer in the wee hours of 1st June, 17 continued intermittently
injured. He was immediately admitted to the hospital. till noon, targeted civilians and left Nasreen Akhtar injured.
According to Poonch deputy commissioner Raja Tahir She was immediately admitted to the hospital.
Mumtaz “Due to shelling, students in the area could not According to Poonch deputy commissioner Raja Tahir
take their intermediate examination on Thursday, 1st June, Mumtaz “Due to shelling, students in the area could not
2017. The intermediate board has cancelled today’s take their intermediate examination on Thursday, 1st June,
paper and it will be taken on a new date”. 2017. The intermediate board has cancelled today’s
paper and it will be taken on a new date”.
Victim# 4
Name: Jabeen Mehboob
Resident of: Lachyal village
Agency Involved: Indian Forces
Date of incident: 1st June, 2017
Place of Incident: Lachyal village
Testimony: On 1st June, 2017 Indian troops initiated
unprovoked firing at Battal, Jandrot and Hotspring (Tatta
Pani) sectors at LoC. This unprovoked firing which began
in the wee hours of 1st June, 17 continued intermittently
till noon, targeted civilians and left Jabeen Mehboob
injured. She was immediately admitted to the hospital.
According to Poonch deputy commissioner Raja Tahir
Mumtaz “Due to shelling, students in the area could not Victim# 07
take their intermediate examination on Thursday, 1st June, Name: Jameela Banoo
2017. The intermediate board has cancelled today’s Age: 40
paper and it will be taken on a new date”. Husband’s Name: Gulzar Ahmad Lone

13
Agency Involved: Indian Army Resident of: Goripora village 
Resident of: Turkwangam, Shopian, South Kashmir. Agency Involved: Army’s 53 Rashtriya Rifles
Date of Incident: 17th June, 2017 Date of incident: 20th July, 2017
Testimony: On June 17, 2017, Indian troops carried out a Place of Incident: Beerwah area of Budgam district
brutal attack on the residential house of a civilian Gulzar Testimony: The firing took place when soldiers of army’s
Ahmed Lone in Shopian South Kashmir. While eroding the 53 RR were checking identity cards of street vendors who
privacy, the soldiers entered the said house after breaking had set up their stalls opposite Mazhar-ul-Haq school.
its from door at about 2 am. The inmates, both male and A few youth protested against this act. The situation
female, including Jameela Banoo wife of Gulzar, were worsened as the army opened fire, Muhammad Ibrahim
beaten up with metal rods and gun butts mercilessly. Wani sustained a bullet injury in his shoulder. He was
According to Gulzar Ahmed, they assaulted every rushed to hospital, he is stable now.
family member who was inside the house. They beat
us indiscriminately, my wife and my sister-in-law have
fractures in their arm and leg. The soldiers hammered ARBITRARY DETENTIONS
me on the head with gun butts. They beat my wife and
sister-in-law with metal rods and gun butts. Victim # 1
Name: Sheikh Mohammad Yousef
Victim# 08 Age: 76 years
Name: Ghulam Hassan Dar Father’s Name: Mohammed Maqbool Sheikh
Resident of: Turkwangam, Shopian, South Kashmir. Resident of: Iqbal Nagar Sopore
Date of Incident: 17th June, 2017 Date of arrest: August 8, 2016
Agency Involved: Indian Army Testimony: Sheikh
Testimony: On 17 June, 2017, 30 soldiers barged into
th Mohammed Yousef was
Ghulam Hassan Dar’s house and beat them for an hour. arrested and detained on
According to his father, they left two of my sons with 8 th
  of August 2016.He
fractures. They used gun butts and metal rods to beat us. was granted bail twice in
We cried for help but no one could come, as the forces all cases the cases filed
had laid a siege outside our house. against him by Sopore
Police, first in November
2106 and then in March
Victim# 09 2017. He has been
Name: Muhammad Altaf Zargar imprisoned in different
Resident of: Aglar Kand jails since August 8, 2016 and finally shifted to Sub Jail
Date of incident: 19 June, 2017
th Baramullah and booked third time under draconian Public
Place of Incident: Drabgam village in south Kashmir’s Safety Act on April 17, 2017.
Pulwama district The police dossier on Sheikh Mohammad Yousef shows
Agency Involved: Indian Army that he has been released twice in past 12 months, first
Testimony: Muhammad Altaf Zargar was injured when on November 24, 2016, and second time on March
government forces opened fire near Drabgam village in 4, 2017 which is blatant lie and misrepresentation of
south Kashmir’s Pulwama district on 19th June, 2017.  facts. He has not been released for a single day despite
According to eye witnesses government forces fired knowing the fact that he is a heart patient and undergone
without any provocation. There was no stone throwing three surgeries in his eyes.
or firing on the army party. The forces fired without any
provocation, injuring one civilian who was going to his Victim # 2
home. Altaf works as a salesman in a shop in Pulwama Name: Tanwir Ahmad War
and was travelling in a TATA-mobile vehicle when he was Age: 31 years
fired upon. Resident of:   Fakir Wani Mohalla of Qadeem Eidgah,
Baramulla
Date of arrest: October 21, 2016
Victim# 10 Testimony: Physically handicapped Tanweer Ahmad
Name: Muhammad Ibrahim Wani war, was arrested in October last year and later booked
Age: 22 years under Public Safety Act and lodged in Kothbalwal jail
Father’s Name: Abdul Gani of Jammu. His order of detention was quashed by the

14
high court 14 December 2016. occupation forces on 15,
Instead of releasing him, he Feb 2017 from a grayed
was shifted to police station at Sopore, where he had
Baramullah where he was kept gone to pay tribute to a
under unlawful detention, till he civilian Gulam Mohammed
was again booked under PSA Bulla killed in Custody by
on 27 May 2017 and shifted the forces and detained
to Kothbalwal for continuous in Police station Sopore.
detention. The dossier served He was slapped PSA and
on the detune reads, “ Though Shifted to Kotbalwal jail
you are physically handicapped, Jammu on 15 March 2017 where he is languishing in
with the help of your motorized spite of multiple ailments like thyroid, hypertension,
tricycle which stands provided to you by the government, slipped disc, and neck and knee problem. He was granted
you have been reputedly advocating the secessionist bail by the competent court in all cases but in order to
ideology and are active in disturbing the public order in prolong his detention, authorities slapped another PSA on
town Baramullah”. 25th Jun 2017 on the same grounds.  

Victim # 3 Victim # 5
Name: Ghulam Ahmad Parray
Age: 62 Name: Masarat Alam Bhat
Agency Involved: Indian Army Age:    45 years
Resident of: Hajjin Bandipora Father’s Name: Abdul Majeed Bhat
Date of Arrest: 25th Nov, 2016 Resident of: Zaindar Mohallah,Srinagar
Testimony: Ghulam Date of arrest: April 17, 2017
Ahmad Parray 62-year- Testimony: Masarat
old man from resident Alam Bhat chairman
of Hajjin Bandipora Jammu Kashmir
has been described by Muslim league, has
police as “a chronic detained 35 times
stone pelter”. The under Public Safety Act
person is serving his 2nd since 1990, and has
consecutive detention spent more than17
under Public Safety Act years of his fife in
in Jammu’s Kot Balwal different jails of Indian, however, all his previous orders
jail. The “chronic stone of detention have been quashed by the court.   Due to
pelter” mention came in non-availability of fresh material, the Indian authorities on
the second PSA order was quashed by J&K High Court April, 2017 re-detained him on the same charges of being
which observed that the PSA order did not stand the “anti-national” while he was in custody. The re detention of
grounds of detention and was a verbatim copy of the Masarat Alam under PSA is in violation of Supreme Court
police dossier. However, Parray, despite the court order of India decision dated 23 March 2013 that mandated
wasn’t released. He remained under preventive custody any fresh PSA against the detune would not come into
for a month and was detained again under PSA. He was force for a week from the date of communication of the
brought to Hajin police station and remained in ‘preventive order to enable him to peruse appropriate legal remedies.
custody’ for a month. He was again sent to Kot balwal jail By re-detaining, the government bypassed the judicial
after second PSA order. process and undermines its own institutions.

Victim # 4 Victim # 6
Name: Ghulam Mohammed Khan Sopori Name:  Syeda Asiya Andrabi
Age: 70 years Age:    55 years
Address: Badambagh Sopore Spouse Name:  Ashiq Hussain Faktoo
Date of arrest: Feb 15, 2017 Address: Soura, Srinagar
Testimony: Gulam Mohammed Khan Sopori Chairman Date of arrest: April 27, 2017
of Jammu Kashmir Peoples League, was arrested by Testimony: Syeda Asiya Andrabi has been booked under

15
Public Safety Act Testimony: Irfan Ahmed
far as many as 20 Khan was arrested by
times since 1993. Jammu Kashmir police
She was arrested of 9th of August 2017 in
on 27th  April, Islamabad and on 10th of
2017 at 11:30 pm August was slapped Public
from her Soura safety Act PSA and shifted
residence. She to Kathua Jail. Family
was slapped Public sources saif Irfan was subjected to third degree torture
Safety Act on 29th of in police custody. PSA provides for arresting and jailing a
May 2017 by the person without trial for two years on mere suspicion that
District Magistrate he/she may disrupt law and order in the state or may act
Srinagar. The grounds of PSA order prepared by the in a manner prejudicial to the security of the state. The
police call Asiya Andrabi a “die-hard secessionist” whose Act bypasses all the institutional procedures and human
“endeavor” is to secede from the union of India and in rights safeguards of ordinary criminal justice system in
order to achieve it, she has played important role in order to secure a long detention term.
2008 Amaranth agitation and also in 2010 and 2016
unrest by announcing programs/ rallies with secessionist Victim # 9
elements.   The dossier of the police in Asya’s case is Name: Muhammad Subhan Wani
sufficient to establish the fact beyond any doubt that Age: 75
government is hell-bent to stop those who represent Agency Involved: Indian Army
the people’s aspirations and can only be stopped by the Resident of: Dangerpora Sopore  
application of this draconian Law. Date of Arrest: 16th Aug, 2017
Testimony: Muhammad Sub-
han Wani is languishing in
Victim # 7 Kathua jail. Wani was arrested
on August 16, 2016 and later
Name: Atif Hassan slapped Public safety Act
Father’s Name: Gulam Hassan Sheikh (PSA).   The PSA was quashed
Age: 29 years by High court of Jammu and
Resident of: Deva Colony, Janglat Mandi Anantnag Kashmir in November 2016
Date of arrest: July 12, 2017 but Police Immediately slapped
Testimony: He was arrested PSA again which was again quashed by High court but
by the Indian forces when it did not end Wani,s detention because on June 12th
he was coming out of the 2017   police slapped PSA for the third time against old
District court Anantnag age Wani.  According to his family Subhan Wani is suffer-
detained under PSA on ing from serious health ailments including heart blockage,
10th  of August 1017 and thyroid, sugar and prostate, for which a surgery needs to
shifted to Kautha Jail be done immediately.”
Jammu, for expressing his
pro-freedom sentiments on
the social Media. He has FAKE ENCOUNTERS
been slapped PSA three The spectrum of death and state violence haunts
time before. He is the lone Kashmiri civil society each day. Violence is anticipated,
son of his parents and has experienced, and intimate to lives. There are those that
served detention several occasions in the past. are its direct targets and others that are concomitantly
affected. Violence permeates daily life, regulates bodies
and conditions behavior. The Indian state exaggerates
Victim # 8
infiltration and terrorism in order to create national and
Name: Irfan Ahmed Khan international sanction to escalate militarization, by linking
Age: 22 “foreign terror” to local Kashmiri civilians, in a context
Father’s Name: Bashir Ahmed Khan where whole population is discontent with Indian rule is
Resident of:   Lazibal Islamabad Anatnag enabling Indian state administration of Indian occupied
Date of arrest: 9th August, 2017 Kashmir to proceed with impunity. In April-May 2010

16
alone, Indian Armed Forces reportedly killed over 20
people in different “encounters.” These cases require
transparent and independent investigations. In the
absence of intervention into extrajudicial killings, violence
continues. Year 2017 has witnessed over 27 extrajudicial
killings so far.

Machil Fake encounters a case study:

On April 29-30, 2010, the Indian Armed Forces


executed Shahzad Ahmad, Riyaz Ahmad, and Mohammad
Shafi in a fake encounter in Kupwara district, claiming Chief Minister Omar Abdullah authorized a magisterial
them to be “infiltrating militants” from Pakistan. Shahzad probe on May 27, 2010.
Ahmad, Riyaz Ahmad, and Mohammad Shafi were lured,
kidnapped, involuntarily disappeared, and murdered On May 28, 2010 police filed a case of abduction and
by members of the Indian Armed Forces and state- murder against the army for the killing of three Nadihal
sponsored militia. They were persuaded to leave their youth. They had received the three dead bodies from
homes in Nadihal village, Baramulla district, for the 4 Police Division Kalaroos with an Army report according
Rajputana Rifles Unit camp in Kalaroos, Kupwara district, to which these “unidentified militants” had died in
with the promise of paid employment moving arms and an encounter with troops of 4-Rajput at Doshat Post,
ammunition along the LoC. Tanakpur, across Sonapindi Galli on the LoC, in Machhil
sector during the night intervening April 29 and 30, 2010.

On July 15, 2010 police presented its charge sheet


against the accused under section 302 (murder) in the
case before CJM Sopore. The accused army men charge-
sheeted in the case include Colonel D K Pathania of the
4 Rajput Rifles, Major Upendra Singh, Major Maurya
(Adjutant), Subedar Satbir, Hawaldar Bir Singh, Sepoy
Chadra Bhan, Sepoy Nagendra Singh, Sepoy Narendra
Singh and Abbas Hussain Shah of the Territorial Army

In December 2012 the court of Chief Judicial


Magistrate Sopore, taking cue from the Supreme Court of
India’s verdict on the infamous Pathribal fake encounter
case, allowed the army to try the soldiers and officers
accused in the Machil faked encounter in a military court.

The fake encounter that killed Shahzad Ahmad, Riaz On 26th of December 2013 Army ordered disciplinary
Ahmad and Muhammad Shafi was staged close to the proceedings against the accused personnel involved in
time when the 4 Rajputana Rifles Unit at Kalaroos was the 2010 Machchil fake encounter case.
marked for transfer out of Kashmir. These murders
“After detailed scrutiny of the complete incident and any
in Machil sector of Kupwara district, as other fake
wrongdoings committed by the concerned personnel,
encounters, were also reportedly motivated to secure cash
the Army has ordered court martial proceedings to take
rewards and perhaps act as a shield for illegal trade in
the legal process to a logical conclusion highlighting
arms. Reportedly, the Armed Forces has been customarily
the Army’s resolve of ensuring justice with speed,” the
offering cash rewards of between 50,000 Rupees and
spokesperson said.
200,000+ Rupees to police or armed forces personnel
for the killing of a militant. Official discourse asserts that On 8th of September 2015 an Army court martial
individual security forces personnel have committed announced life sentences to six soldiers found guilty in
crimes for reward, acting on their own initiative, against the 2010 Machil fake encounter case. The life sentences
regulations, masking the reality that the policy of the for Colonel Dinesh Pathania, Captain Opendra, Havildar
Armed Forces mandates and rewards brutality. Devender Kumar, Lance Naik Arun Kumar, Lance Naik
Lakhmi, and rifleman Abas Hussain — announced in

17
2013 — were confirmed on Monday, in the first case of OIC- IPHRC FACT FINDING
Army personnel being punished for human rights abuse
in the Kashmir Valley. MISSION REPORT OF IOK
Government of Indian did not respond to the request of
On 25 July 2016 an Armed Forces Tribunal in OIC to facilitate fact finding mission of OIC –IPHRC to
Chandigarh suspended life imprisonment of five army Indian occupied Kashmir in July 2016.
personnel including a colonel in the 2010 Machil fake In this back drop the OIC –IPHRC decided to send its
encounter case that had become a tipping point for the standing mechanism and other members of IPHRC should
2010 Kashmir unrest that had left 120 people dead. at least visit Azad Jammu Kashmir to meet refugees from
IoK and other stake holders to ascertain the human rights
situation in Indian occupied Kashmir.

The government of Islamic republic of Pakistan took the


initiative to invite the OIC-IPHRC to visit Azad Kashmir. The
OIC-IPHRC delegation led by the Chairperson Mr. Med
Kaggwa and comprised of the Commission Members
Dr. Rashid Al Balushi, Dr. Raihanah Binti Abdullah, Amb.
Reacting to reports of an appellate military court Abdul Wahab, Dr. Ergin Ergul, Prof. Saleh Al Khathlan and
suspending the life sentences of five Army troopers, Asmita Dr. Oumar Abbou Abba visited to Islamabad and the AJK
Basu, Programme Director at Amnesty International, India, from 27-29 March 2017.
said that the case highlighted the need for prosecution by
independent civilian authorities. “The developments in the
Machil fake encounter case once again highlight the need FINDINGS
for allegations of human rights violations to be investigated During three day visit OIC-IPHRC delegation visited
and prosecuted by independent civilian authorities, refugee camps in AJK, met the victims of forces migration
instead of the secretive military justice system,” Basu said and state terrorism. Listen to the tails of torture, pain of
in a statement. “Civilian investigations and trials offer a separation. Delegation also visited LOC and witnessed
degree of transparency and independence that is missing took note of the loss of life and property on LOC due to
from the military justice system. The families of those indiscriminate use of heavy artillery by Indian army.
killed in Machil were not informed about the conviction in
The Commission concludes, after having met with
2010 and weren’t told about today’s decision to suspend
refugees, victims and families of victims, representatives
the sentence,” she said. Basu said that the working of
of political parties and civil society from IoK as well as
the military justice system “repeatedly belies” the Indian
victims of cross border shelling in AJK and the absence
Army’s zero-tolerance for human rights violations claim.
of India’s willingness to facilitate an independent
The statement said that several international bodies
investigation, there is considerable statistical and
had emphasized that military justice systems should
circumstantial evidence which lends credence to the
only investigate and prosecute members of the military
allegations of indiscriminate and disproportionate use of
for breaches of military discipline. “Their jurisdiction
force by the Indian security forces against unarmed and
should not extend to other crimes, including crimes
innocent civilians and human rights activists, resulting
under international law or human rights violations,” it
in torture, extrajudicial killings, rape and mass blinding
read. The UN Human Rights Council, which monitors the
through use of pellets.
implementation of the International Covenant on Civil
and Political Rights, has stated that in cases of human The IPHRC delegation expresses its concerns over the
rights violations by armed forces, investigations should violations of the right to life, right to freedom of opinion
be carried out by civilian authorities in order to ensure and expression, freedom of religion, freedoms of peaceful
independence, Amnesty International, India, said. “This assembly and association as well as other fundamental
has also been affirmed by the UN Special Rapporteur on human rights of the Kashmiri people guaranteed by
the Independence of Judges and Lawyers. Military law international human rights law. Reports of widespread
experts in India have acknowledged inherent defects use of torture including rape and molestation of women at
within the Indian military justice system, particularly its the hands of security forces are particularly condemnable.
lack of independence,” said the statement. There are reports of widespread curfews and curbs on
religious congregations for fear of protests and people
http://kashmirreader.com/2017/07/27/verdict-reveals-
have legitimate security concerns regarding protection of
flaws-military-justice-system-amnesty/
their right to life and dignity.

18
The Commission concludes that the use of restrictive determination in a free and fair plebiscite under the
and discriminatory laws by Indian Security forces such UN auspices;
as AFSPA Act is contrary to the international human d. Consider commemorating international solidarity
rights standards. These laws grant sweeping powers to day with the Kashmiris;
the Indian security forces to detain, torture and even kill
suspects without any fear of investigation hence has led to e. Condemn and block the attempts of the Indian
a culture of impunity, which violates fundamental human government to change the demographic status
rights. Through discriminatory laws, Indian security forces of the majority Muslim State of the Jammu and
have created an atmosphere of impunity and fear which Kashmir through establishment of illegal settlements
has led to grave human rights abuses against unarmed for non-residents;
demonstrators and protestors, with little regard for the f. Encourage and facilitate both Pakistan and India to
principles of proportionality and necessity. resume the dialogue process for peacefully resolving
all outstanding issues particularly the core issue of
The commission noted, if India continues to refute these the Jammu and Kashmir.
reports, it should allow all international, UN, OIC and other
organizations to verify the situation on ground through g. In the event of continuing non-cooperation by the
independent fact finding missions. The Commission, Government of India, the UNSC, acting under its
accordingly, hopes that the Government of India will obligation to maintain international peace and
respond positively to the IPHRC request to grant access security and with a view to preventing any further
to the IoK to independently and objectively assess and violations of human rights of Kashmiris, may
report upon the human rights situation. consider and resolve the issue through peaceful
The Commission contends that the Kashmir dispute is means;
not merely a question over territorial jurisdiction between h. The UN Human Rights Council may consider
India and Pakistan but it concerns about the future of appointing a Special Rapporteur with a specific
millions of people who wish to exercise their inherent and mandate to investigate India’s violations in IoK under
inalienable right to self-determination. international law and international humanitarian law;
The Commission has noted that the people of Kashmir i. The High Commissioner for Human Rights may
has high hopes and expectations from the United Nations, continue to urge the government of Indian to
OIC and IPHRC and international community to undertake accept an OHCHR fact finding mission to IOK and
substantive measures towards realization of their right to must continue to monitor, document and report the
self-determination and protection of their basic human ongoing human rights violations under his regular
rights. briefings to the HRC. Relevant Special Procedures
of the HRC should also continue to monitor, highlight
Recommendations for UN and International and report on human rights violations falling under
Community; their respective mandates
OIC-IPHRC recommended government of India:
The UN has an overbearing role and responsibility to
protect and promote the rights of the people of Jammu a. To bring an end to the gross and systematic human
and Kashmir enabling them to exercise their right to self- rights violations of the Kashmiri people in IoK;
determination. Therefore the UN may be requested to; b. Allow free access to international media and
a. Impress upon the Government of India to put an end independent human rights organizations to carry out
to the on-going human rights violations in IoK; investigations into alleged human rights violations;
b. Facilitate holding of an independent investigation c. Repeal all restrictive and discriminatory laws like
to all human rights violations, including cases of AFSA and PSA to allow the Kashmiris appropriate
enforced disappearance, extrajudicial killings, rape access to justice, free trial and freedom of movement;
and unmarked mass graves; d. Allow access to the humanitarian organizations to
c. Urge the Government of India to repeal restrictive provide much needed medical support to the victims
and discriminatory laws like AFSA and PSA which of the violence in particular recent cases of blindness
contravene international human rights laws and by the pellet gun injuries.
standards;
d. Implement UN resolutions to allow people of
Jammu and Kashmir to exercise their right to self-

19
Figures based on a study done by Médecins Sans
Frontières (Doctors without Borders) in 2005
20
January 1989 to August 21st, 2017

TOTAL OVER
KILLINGS 100,000

OVER CUSTODIAL
8,001 KILLINGS

CIVILIANS OVER
ARRESTED 142,180

OVER ENFORCED
8,000 TO
DISAPPEARANCES
10,000
STRUCTURES
OVER
DESTROYED
107,969
/ ARSONED

OVER WOMEN
22,836 WIDOWED

CHILDREN OVER
ORPHANED 107,872

WOMEN
OVER
GANG-RAPED
11,011 MOLESTED

PELLET OVER
VICTIMS 15,000

21
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