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"Everyone Lives in Fear"

Patterns of Impunity in Jammu and Kashmir

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Map of Kashmir Region

I. Summary

Key recommendations

A note on methodology

II. Background

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 detentions

VI. Militant Abuses

Militant groups and Pakistan’s role in the conflict

A. Politically motivated killings, summary executions, and intimidation

B. Direct and indiscriminate attacks on civilians

C. Militant attacks on schools and recruitment of children

VII. Recommendations

To the government of India

To the state government of Jammu and Kashmir

To militant groups

To the government of Pakistan

To the United Nations

To the international community, in particular those states with significant influence on India, Pakistan, and militant groups

Acknowledgements

September 2006 Volume 18, No. 11(C)