HUMAN RIGHTS REPORT January to May 2021

Researched & Compiled by : Ayesha Waheed | Mehr un Nisa

Introduction

Year 2021 is yet another year of military repression in Indian Illegally Occupied Jammu and Kashmir by witnessing extra judicial killings, arbitrary detentions, fake encounters, custodial torture and deaths. 2021 started with the fake encounter by Indian Army, which killed three young boys of Lawaypora, Srinagar in Indian Occupied Jammu & Kashmir. Indian authorities continue to use arbitrary and administrative detentions like the Unlawful Activities (Prevention) Act and the Public Safety Act to detain human rights defenders, social media activists, and leaders of political dissent. Even despite the high rise in covid cases in IIOJK, Indian Army continued Cordon And Search Operations (CASO) in Indian occupied Kashmir and destroyed more than 13 structures in different military operations including Jamia Masjid in Shopian.

From 1950 to 2019, forty-seven presidential orders on the state of Jammu & Kashmir have been passed, and these orders in effect enabled parliament of India to make laws for the state of Jammu & Kashmir on 94 out of 97 subjects. Along with abrogation of Article 370 and 35-A, the imposition and enactment of a regime of new laws especially the redefinition of state’s domicile law stoked fears of demographic changeover in the region. And issuance of PRCs (permanent residence certificates) to over a million outsiders (non-state subjects) by the occupation authorities have further accentuated the contours of the Indian government’s settler colonialism policies that as a matter of fact pose a serious existential threat to the majority community that after 5th August 2019 feels completely alienated, marginalized and robbed of rights and its distinct cultural identity. After the revocation of Jammu and Kashmir’s special status on August 5, 2019, there has been a marked increase in the number of instances in which the Unlawful Activities (Prevention) Act (UAPA), 1967, and the Public Safety Act (PSA), 1978, have been invoked in the IIOJK.

According to the data of the International Forum for Justice Human Rights JK, from the beginning of 2020 till May 31 the Indian authorities have registered 94 FIRS under UAPA in Srinagar district alone. Similarly, in Ganderbal 80 Budgam 72, Baramulla 93, Bandipora 68, Kupwara 78, Islamabad 89, Pulwama 98, Shopian 125, and Kulgam 50 FIRs have been registered under UAPA. While in the five months of 2021, 847 FIRs have been registered under the UAPA and as many people have been detained.

United Nations experts have expressed concern over repressive measures and broader pattern of systematic infringements of fundamental rights in Indian-administered Kashmir and asked the Indian government to respond to allegations of rights violations in the disputed region. The experts communicated their concerns to the Indian government by highlighting the cases of three Kashmiri men -- Waheed Para, Irfan Ahmad Dar and Naseer Ahmad Wani. The Indian government has responded to none of these communications so far, according to the UN. Meenakshi Ganguly, South Asia director for Human Rights Watch, says that the UN experts had raised some extremely serious concerns and the Indian authorities should order independent investigations into these allegations and hold those found responsible to account.

Kashmir Institute of International Relations documented almost each and every human rights violation and produces periodical reports on the situation of human rights in IIOJK. This document will reflect on the happenings during January 2021 to May 2021, including cases of innocent killings, torture, arbitrary detention and political victimization. KIIR would like to appreciate the work of human rights defenders & researchers who risked their lives while documenting these cases to bring to the public domain.

Nature & Numbers of Causalities in IIOJK

KILLING CASES

Case

Victim Names:

24-year-old Ajaz Maqbool Ganai from Putrigam Pulwama
22-year-old Zubair Ahmad Lone from Turkawangam Shopian
17 year old Athar Muhstaq Wani, son of Mushtaq Wani, from Below Pulwama

Place of Incident: Lawaypora in Srinagar

Agency Involved: Indian security forces

Date of Incident: January 01, 2021

Testimony: On Jan 01, 2021, three youth-24-year-old Ajaz Maqbool Ganai from Putrigam Pulwama, 22-year-old Zubair Ahmad Lone from Turkawangam Shopian and 17 year old Athar Muhstaq Wani, son of Mushtaq Wani, from Below Pulwama, were assassinated by the Indian troops in a fake encounter at Lawaypora in Srinagar during a cordon and search operation. Their families consistently asked the administration to break silence on the encounter and provide them with the proofs that showed if their sons were involved in any act of militancy. The families also raised a valid point that if their sons were involved in such an act then there would have been at least a single FIR registered against them.

Case

Victim Names:

Waris Hassan resident of Naibugh

Aarif Bashir resident of Monghama

Ahtisham ul Haq, resident of Chak Noorpora.

Place of Incident: Mandoora area of Tral in South Kashmir's Pulwama district

Agency Involved: A joint team of Police, the army’s 42 Rashtriya Rifles, and the Central

Reserve Police Force (CRPF)

Date of Incident: Jan 29, 2021

Testimony: On Jan 29, 2021, three residents of Tral were assassinated by Indian security forces. They have been identified as Waris Hassan resident of Naibugh, Aarif Bashir resident of Monghama and Ahtisham ul Haq resident of Chak Noorpora. They were killed during a gunfight in Mandoora area of Tral in South Kashmir's Pulwama district during a cordon and search operation. Their bodies were taken by police to North Kashmir and buried there.

Case

Victim Names:

Victim Name: Sarfaraz Ahmad Mir

Age: 56 years old

Resident of: Kundi Barjala Uri

Place of Incident: Uri area of north Kashmir’s Baramulla district

Agency Involved: Indian army

Date of Incident: Feb 10, 2021

Testimony: On Feb 10, 2021, a man named, Sarfaraz Ahmad Mir, aged 56, a resident of Kundi Barjala Uri, was shot dead by Indian soldiers on the line of control in Uri area of north Kashmir’s Baramulla district while he was trying to sneak into the other side.

Case

Victim Names:

Mudasir Ahmad Tantray alias Asim of Redwani Bala area in Qaimoh

Wakeel Ahmad Thokar of Harigam Kulgam

Farooq Ahmad Bhat of Chak Dasand

Younus Lone of Hawoora-Mishpora

Place of Incident: Frisal village of South Kashmir’s Kulgam district

Agency Involved: Army’s 1 Rashtriya Rifles, CRPF and Special Operations Group of J&K Police.

Date of Incident: Feb 13, 2021

Testimony: On Feb 13, 2021, Mudasir Ahmad Tantray alias Asim of Redwani Bala area in Qaimoh, Wakeel Ahmad Thokar of Harigam Kulgam, Farooq Ahmad Bhat of Chak Dasand and Younus Lone of Hawoora-Mishpora were killed in a 10-hour-long fierce gunfight in Frisal village of South Kashmir’s Kulgam district, during a cordon and search operation launched by the Army’s 1 Rashtriya Rifles, CRPF and Special Operations Group of J&K Police. The killings triggered massive protests near the encounter site while Indian government forces used pellets, bullets and teargas shells to quell the demonstrations, killing one protester and injuring at least 25 others. The injured civilians are being treated at District Hospital Anantnag while four of them grievously injured were referred to Srinagar hospitals for specialized treatment.

Case

Victim Name: Mushtaq Ahmad Itoo

Age: 22

Son of: Muhammad Ibrahim

Resident of: Hatigam Village of Srigufwara area of Bijbehara in Anantnag District

Place of Incident: Kulgam

Agency Involved: Indian police

Date of Incident: Feb 14, 2021

Testimony: On Feb 14, 2021, there were huge protests going on regarding the killings of four Kashmiri men in Kulgam. People gathered from different villages of Kulgam, Bijbehara and Shopian rushed to the encounter site. Indian police lobbed shells and fired pepper-gas to disperse the protesters. The forces first used pellets and later resorted to indiscriminate firing, injuring scores of protesters, due to which, 22-year-old Mushtaq Ahmad Itoo S/O Muhamad Ibrahim of Hatigam village of Srigufwara area of Bijbehara in Anantnag district, had sustained bullet injury in abdomen, succumbed at District Hospital Anantnag.

Case

Victim Names:

1. Junaid Lone

2. Ishfaq Ahmad

Resident of: Shopian

Place of Incident: Srigufwara Bijbehara at Shalgul Sirhama

Agency Involved: Police, Army’s 3 RR and CRPF

Date of Incident: Feb 26, 2021

Testimony: On Feb 26, 2021, Junaid Lone and Ishfaq Ahmad of Shopian, were killed during a gunfight in the forests of Srigufwara Bijbehara at Shalgul Sirhama during a CASO launched by columns of Police, Army’s 3 RR and CRPF. The families identified the duo and later their bodies were taken to north Kashmir’s Baramulla district for burial.

Case

Name: Gani Khawaja

Place of Incident: Tujjar area of Sopore in North Kashmir

Agency Involved: A joint team of police and army.

Date of Incident: March 9, 2021

Testimony: On March 9, 2021, Gani Khuwaja was killed by the Indian Security forces at Tujjar area of Sopore in North Kashmir during a cordon and search operation launched by a joint team of police and army.

Case

Victim Names:

1. Adil Ahmad Bhat, resident of Shithpora Bijbehara

2. Zahid Ahmad Rather resident of Sirhama Anantnag

Place of Incident: Bijbehara area of south Kashmir’s Anantnag district

Agency Involved: Indian Police, Army (3 RR) and CRPF in Bandipora village

Date of Incident: March 11, 2021

Testimony: On March 11, 2021, Adil Ahmad Bhat, resident of Shithpora Bijbehara and Zahid Ahmad Rather resident of Sirhama Anantnag, were killed in a gunfight in Bijbehara area of south Kashmir’s Anantnag district during a joint cordon and search operation that was launched by Indian Police, Army (3 RR) and CRPF in Bandipora village.

Case

Name: Wilayat Lone Alias Sajad Afghani

Resident of: Rawalpora

Place of Incident: Manihal area of South Kashmir’s Shopian district.

Agency Involved: Indian army

Date of Incident: March 13, 2021

Testimony: On March 13, 2021, Wilayat Lone alias Sajad Afghani was assassinated by the Indian army during a cordon and search operation launched by a joint team of Police and Army in Manihal area of South Kashmir’s Shopian district.