September 12, 2006

"Everyone Lives in Fear"

Patterns of Impunity in Jammu and Kashmir

Map of Kashmir Region
I. Summary
Key recommendations
A note on methodology
II. Background: People, the India-Pakistan Dispute, Political History, Recent Developments, and Peace Talks
The people of Jammu and Kashmir
India-Pakistan dispute
Political history inside Jammu and Kashmir
III. Legal Causes of Abuses and Impunity
Preventing arrest: Section 45 of the Criminal Procedure Code
Preventing prosecution: Section 197 of the Criminal Procedure Code
The Jammu and Kashmir Disturbed Areas Act and Armed Forces (Jammu and Kashmir) Special Powers Act
The Jammu and Kashmir Public Safety Act, 1978
Legal weaknesses in the Human Rights Protection Act
Weaknesses in Military Court Jurisdiction
IV. The Origins of Impunity: Failure of Accountability in Jammu and Kashmir Since the Start of the Conflict
A. Shootings at Gawakadal, Srinagar
B. Death of Mirwaiz Maulvi Mohammad Farooq
C. The Beijbehara killings
D. The killing of Jalil Andrabi
E. Chattisinghpora massacre and ensuing killings
V. Recent Abuses and Continuing Impunity
A. Killings
B. "Disappearances"
C. Torture and Cruel, Inhuman, and Degrading Treatment
D. Arbitrary detentions103
VI. Militant Abuses116
Militant groups and Pakistan's role in the conflict122
A. Politically motivated killings, summary executions, and intimidation128
B. Direct and indiscriminate attacks on civilians141
C. Militant attacks on schools and recruitment of children144
VII. Recommendations147
To the government of India147
To the state government of Jammu and Kashmir148
To militant groups149
To the government of Pakistan150
To the United Nations150
To the international community, in particular those states with significant influence on India, Pakistan, and militant groups150
Acknowledgements152