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India-controlled Kashmir Srinagar -UN experts expressed concern about the “repressive measures and the broader pattern of systematic violations of fundamental rights” in the Indian-controlled Kashmir region, and asked the Indian government to respond to allegations of human rights violations in the disputed area.
In a letter to the Indian government at the end of March and published on Monday, five UN experts sought New Delhi’s response to three major allegations: Naseer Ahmad Wani was “enforced disappeared” and “extrajudicial executions” from the Shopian district of southern Kashmir. “Arbitrary detention” by Irfan Ahmad Dar in Sopore in northern Kashmir and by the pro-Indian leader Waheed-Ur-Rehman Para from Pulwama.
In November last year, the letter stated that Pala was arrested by the National Investigation Agency (NIA) of India for “terrorism allegations” and was allegedly subjected to “abusive” and “abusive interrogations” every day for 10 to 12 hours.
The letter said: “He was kept in a dark underground cell below freezing, deprived of sleep, kicked, slapped, beaten with a club, stripped naked and hung upside down.”
“Para was checked three times by the government doctor… the psychiatrist checked three times. He requested medication for insomnia and anxiety,” it added.
Kashmir is divided by India and Pakistan. India and Pakistan rule a part of Kashmir, but have ownership of all territories in the Himalayas. These two nuclear-weapon states have fought two of the three wars in the region.
In the early 1990s, India formed an armed rebellion against Indian rule. This conflict has caused the deaths of tens of thousands of people, mainly civilians. The insurgents demanded an independent country or merged with neighboring Pakistan.
There is also a small group of pro-Indian politicians and political parties in the region who participate in national and regional elections.
The UN expert’s letter stated that Pala, a young leader from one of the pro-Indian political parties, the People’s Democratic Party (PDP), was arrested after a virtual meeting with members of the UN Security Council in July last year. He condemned “human rights violations in the Indian-controlled Kashmir region. “.
A letter from the Spl rapporteur claiming that Waheed Para was “retaliated” by NIA officials for making comments to the UN Security Council ambassador. pic.twitter.com/0vf2xqRhen
— Suhasini Haydar (@suhasinih) June 1, 2021
The UN expert said in the letter that during the meeting with UN Security Council members, Palla “warned India’s actions in Jammu and Kashmir, the treatment of Muslim minorities, and the recent border tensions with China.”
“After this contact, Parra received threats from NIA officials stating that his involvement in such incidents was causing trouble. They gave him an ultimatum that if he does not stop talking about the government, action will be taken against him,” the letter said. .
Parra was arrested a few days after submitting the nomination documents for local elections in his hometown of Pulwama. Although he was granted bail in a “terrorism” case, in another case, he was arrested again by counter-insurgency forces in the area.
‘Para made an example’
PDP Chairman Mehbooba Mufti, who was also the last chief minister elected in the region, told Al Jazeera that Pala believes in “democracy and peace.”
“It is very unfortunate that a person who believes in democracy and is a torchbearer who brings youth into the mainstream is treated this way. When we said in Kashmir that we wanted to attract young people into the mainstream, Wahid (Pala) was very negative. Set an example,” she said.
“What kind of impression does it give people? If this happens to someone who is a mainstream advocate of democracy and peace, what will happen to others, and what will their future be like?”
A family member of Palla, who did not want to be named, told Al Jazeera that he was punished for “associating with Kashmiris.”
“He is innocent and becomes weak in prison. When the Bharatiya Janata Party leader used to come to Kashmir, he wanted him to reconcile with the people (mainly young people) and get in touch with them. He did it, and now suddenly becomes his Crime,” the relative said.
When visiting Muslim-majority areas in 2018, Rajnath Singh, then Federal Minister of the Interior, praised Pala for organizing an event “full of young people”.
“He even dealt with Shiki and tried to bring them into the mainstream. That time, he was praised for doing so. We don’t know how long he can be held in custody, but he still believes that the judiciary will come out,” Parra said. Relatives told Al Jazeera.
Irfan Dahl and Nasir Varney
Another case raised by the UN expert is Irfan Ahmad Dar, a 23-year-old shopkeeper from Sopole District in northern Kashmir, who was arrested on September 15 by officials who arrived at his shop in plain clothes.
“Dahl was detained at the Soporé police station without an arrest warrant,” the letter said.
The next morning, according to this letter, Dahl’s family was told that he was dead.
“Police claimed that Dahl was killed while trying to escape their custody. However, during the final ritual on his body, it was discovered that his facial bones had been fractured, his front teeth had been broken, and his head appeared to have bruises from blunt trauma. Before the burial, his family was allowed to see his body for about 10 minutes,” the expert wrote.
They added, “In response to the protest against the killings, the regional government ordered an investigation. During the investigation, two police officers were suspended for “negligence” to allow him to escape, but no one was responsible for his killing.
The UN experts also sought the Indian government’s response to the case of 19-year-old Naseer Ahmad Wani from Doompora village in the southern part of Shopian, who was “enforced disappeared” from his residence after a paramilitary attack.
“On November 29, 2019, a team of 44 Rashtriya Rifles (44 RR) raided his home where he lived with his family, allegedly claiming that his mobile phone was used by militants,” their letter said, adding They “searched every corner and destroyed property”.
“When searching the house, the army personnel put the two children by their side and used them as human shields. The two were also beaten. The army personnel gathered all the women in one room, asked their names, and took pictures. They took pictures of them and asked everyone to hand over their phones. They were threatened that if they did not comply, they would be stripped naked,” the letter said.
It went on to say, “Five soldiers entered Varney’s room and locked the door from inside.”
“For more than half an hour, the family in the next room heard him cry when he was beaten. The soldiers then took him away.”
‘Modes of gross violation of rights’
The UN expert wrote that on November 30, 2019, the family reported to the police, who took them to the barracks and they were turned away.
“Later that night, the same officers visited Vanney’s house. The army major told his family that there was no need to return to the police station or initiate any legal proceedings because they had released Vanney,” the letter said.
But Vani did not go home. “The next night, on December 1, the major and some personnel returned to Varney’s house. He gathered all the family members in one room, pointed a gun at the neck of a family member, and threatened them not to do it anymore. Any inquiry or legal action,” the letter said.
The letter mentioned that the police submitted a missing person report on December 2, 2019 at the request of the family.
“However, Wani’s fate and whereabouts are still unknown,” it said.
“Although we do not wish to prejudge the accuracy of these allegations, we express our serious concern that if these allegations are confirmed, they will constitute arbitrary arrest and detention, torture and ill-treatment, and enforced disappearance.”
UN experts stated that these allegations are “part of a continuing pattern of serious violations of human rights by the police, military, security agencies, and judiciary in Jammu and Kashmir.”
They said that these allegations are part of what they consider to be a “serious human rights violation model”, “we believe this deserves the most serious attention from the highest authorities” and “they may publicly express their concerns about human rights.” Near future”.
“[We] I believe the wider public should be informed of the impact of these allegations on their exercise and enjoyment of human rights,” they said.
In July 2019, the United Nations High Commissioner for Human Rights (OHCHR) issued a 43-page report recommending the establishment of an investigation committee to conduct a “comprehensive, independent and international investigation” into allegations of human rights violations in Kashmir.
The Commission of Inquiry is one of the highest level of UN investigations and is usually used for important global crises. The Indian government often refutes allegations of human rights violations in the region as “false.”
Human Rights Watch South Asia director Minakshi Ganguli told Al Jazeera that UN experts raised some “extremely serious concerns” and she said the UN High Commissioner for Human Rights had also raised these concerns.
“Waheed Para may be arrested in retaliation to testify to the UN Security Council. This is particularly worrying and violates India’s international obligations,” she said.
“The Indian authorities should order an independent investigation of these allegations and hold them accountable.”
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