India | Posted on May 25, 2008 at 01:04am IST

Kashmiris up in arms over missing persons

Mufti IslahMufti Islah, CNN-IBN

Srinagar: Over 5 lakh Indian military and paramilitary forces are estimated to be posted in Jammu and Kashmir. And they are given far-reaching powers by the law.

The Armed Forces Special Powers Act gives security forces wide powers to arrest and the right to shoot to kill. It also makes prior Central permission mandatory before legal proceedings can be started against a soldier.

Human rights lawyer and civil rights activist Parvez Imroz says, "The armed forces here are not accountable. They are enjoying the moral impunity and political impunity from politicians and unfortunately from Indian civil society also. In Kashmir they are fighting terrorism, trans-border terrorism, so they have to support them whatever they do."

But security forces have denied that they have anything to do with burying civilians in unmarked graves. They say many soldiers have been court-martialed, but refuse to give details.

Lieutenant Colonel AK Mathur, PRO Defence, Indian Army in Srinagar says, "Army has got nothing to do with these graves. Any case of violating human rights is taken very seriously by the Army. We investigate such allegations very, very strongly and we punish them. The punishment can range from one year of imprisonment to even dismissal from service."

Prosecuting the police is also not easier. The State Human Rights Commission says that even when there is evidence of crimes done by the men in khaki, the system doesn't move quickly enough.

"Unfortunately, we are not getting good cooperation from the administrative side. It may be police; it may be any district administration or any other officer of the state. What is expected of them, they are not doing that," says Habibullah Bhat, State Human Rights Commission Chairman.

But early last summer the Jammu and Kashmir police made some significant arrests.

The Ganderbal fake encounter case was a landmark. Five policemen, including a Superintendent of Police, were arrested after graves dug up revealed men who were killed in encounters as militants.

That incident not only helped police to regain the lost confidence in people but to some extent improved its image.

Human rights groups say the only credible step the government can take now is to set up an independent investigation

"What has happened in other conflict areas where there are mass graves is that there is a probe. Whether it is Serbia, Bosnia, Kosovo or Ajai in Indonesia or any other area," Imroz says.

But the state government fears that by forming an independent commission, it will eventually open a Pandora's box given the magnitude of the tragedy.

Authorities fear that the state's single forensic laboratory will not be able to conduct the number of DNA tests an investigation would need.

But for opposition parties in the state, that doesn't seem to be an issue. Elections are due to be held later in the year, and the parties who're not in power want to be seen making the right noises.

National Conference President Omar Abdullah says, "These mass graves are causing a great degree of concern. People want to know the facts behind these mass graves. I think that is what is important."

People's Democratic Party President Mehbooba Mufti says, "If they are really the disappeared people who are buried there we need to know that. At the same time we need that justice should be done to the families. The culprits should be punished."

The Hurriyat has stepped up its campaign against the government. Even the moderate faction that faced flak for its unsuccessful negotiations with New Delhi is getting louder.

"We are offering these prayers for those 940 people who are already dead. We are not going to remain silent. We are going to take this issue to the Human rights conferences that are going to be held all around the world," Hurriyat leader Mirwaiz Umar Farooq says.

And veteran separatist Syed Ali Shah Geelani is also demanding action.

"These graves should be dug up and checked for who all have been buried in these graves," Geelani says.

A new government will come to power in Kashmir this winter. Some Kashmiris say there will be change, and the disappearances will be investigated. Others are far less hopeful.

But what they all agree on is that while many of those who've disappeared may never be found, they will certainly never be forgotten.

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