Press Release
28 February 2018
For twenty-four years, the Association of Parents of Disappeared Persons (APDP) and its individual members and volunteers have been campaigning against the phenomenon of enforced or involuntary disappearances in Jammu and Kashmir, wherein more than 8000 people have disappeared since 1989. The campaign has been to search and remember the disappeared, affirm the disappeared families’ right to know the truth, right to justice and reparations, and to demand that the government ratify and implement the International Convention for the Protection of All Persons from Enforced Disappearance.
An integral part of APDP’s struggle has been to use the law and judicial institutions. Since last one week, APDP notes legal developments in three cases of enforced disappearances, which once again remind us that it is through the struggle for justice that the memory of the disappeared is preserved and the contradictions of the state exposed.
First, on 26 February, the Jammu and Kashmir High Court began final arguments in the case relating to the disappearance of ten persons (mostly from North Kashmir) in custody of the armed forces and the Intelligence Bureau in December 2004. The disappeared were militants, who after surrendering before the state forces were trapped to work for the state and then were disappeared. Before their disappearance the family members met their children on multiple occasions at army camps etc. Police has not filed first information report (FIR) and no investigations have been carried out. The High Court directed judicial enquiry confirmed the disappearances of ten persons and recommended investigations and compensation. The High Court part heard the case and arguments will continue on 29 March 2018.
Second, on 27 February, the High Court directed a fresh status report to be filed within two weeks by the Special Investigation Team (SIT) investigating the case relating to disappearance of five laborers from Poonch district who had come to Srinagar looking for work and then disappeared on 13 June 2005. On 14 December 2017, the High Court directed for the constitution of a SIT and for completion of investigations within 60 days. While investigations have not been completed, the SIT in its status report to the High Court has identified the suspects in the case including the main accused who was working for the army. The SIT also enquired from the Station House Officers across the Kashmir valley on whether there had been any burial of “unknown persons together” after 13 June 2005.
Third, on 27 February, APDP filed its rejoinder before the State Human Rights Commission (SHRC) in the composite complaint regarding the disappearance of 132 persons from Banihal Tehsil of Ramban District by the state and non-state actors. The police and civil administration in their reply have admitted that 112 persons out of 132 persons were indeed “missing”. The SHRC directed for further response from the police and civil administration in the form of details of the enquiry conducted including whether the NOK’s (Next of Kin) of the disappeared had been examined. The case is next listed on 12 April 2018.
The three cases detailed above form an integral part of APDP’s relentless campaign against enforced disappearances. The evidence and testimonies arising from these cases makes it crucial that all encounters be probed and the incentives that armed forces and police receive for these encounters be scrutinized. All the above mentioned cases have seen an inordinate lapse of time and thus far no fair and proper investigations have been carried out. The state institutions failed to support the victim families and the legal processes have been delayed and exhausting. Yet, the struggle of the families of disappeared has ensured that the truth has not been covered up or forgotten. The onus lies on the state to find the disappeared and investigate the role of the perpetrators responsible.
Tahira Begum
Spokesperson, APDP