Silence Must End: Justice and Accountability Need of Hour for Torture Victims

“The path toward justice and reconciliation is fraught with challenges, but the voices of victims and their families must not be silenced”

Altaf Hussain Wani

The alleged torture of civilians at an army camp in Kishtwar, in the Chenab Valley of Jammu and Kashmir, has sparked widespread condemnation across the political spectrum, with nearly every party – including the ruling National Conference (NC), opposition People’s Democratic Party (PDP), and the All Parties Hurriyat Conference (APHC) – demanding a transparent investigation. Four civilians from Kuath village – Sajad Ahmad, Abdul Kabir, Mushtaq Ahmad, and Mehraj-ud-Din – were summoned to the 11 Rashtriya Rifles camp in Chas for questioning related to a recent attack. Upon their release, their families reported severe injuries, with medical examinations confirming significant bruising and trauma. One family member remarked, “They could barely walk; some had to be carried.”

The situation further worsened when the army intercepted the victims en route to the hospital, taking them back to the camp. Officials at the camp assured the families that the perpetrators would face justice. Unfortunately, this is not the first time civilians have been summoned to army camps and subjected to torture. While these men survived, many others have died under similar circumstances, as admitted by no other person but by Chief Minister Omar Abdullah himself. Torture undermines human dignity and violates international human rights principles, including Article 5 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the International Covenant on Civil and Political Rights (ICCPR), which unequivocally prohibit such inhumane practices.

Despite global efforts to eliminate torture, as reaffirmed in the 1975 Declaration on the Protection of All Persons from Torture, it remains a tool of state control in Jammu and Kashmir. The international community must call for urgent accountability and reform to end this grave injustice. Skepticism remains among the families, who continue to demand justice. Political leaders and civil society groups share their call for accountability. This incident is not isolated; it reflects a wider pattern of torture used by security forces in the region. A recent report from the Association of Parents of Disappeared Persons (APDP) and the Jammu Kashmir Coalition of Civil Society (JKCCS) documents the systematic use of torture. The 560-page report, “Torture: Indian State’s Instrument of Control in Indian Administered Jammu and Kashmir,” outlines the harrowing experiences of 432 victims, with 70% of them being civilians and 11% having died as a result of torture.

The report details horrific techniques used by Indian forces, including sexual torture, waterboarding, burning hot objects, solitary confinement, and electrocution. The findings expose a culture of impunity, with no prosecutions for human rights violations, despite the legal and political protections that shield the armed forces from accountability. The report also highlights the collaboration of the legislature, executive, judiciary, and armed forces in allowing this impunity. The absence of effective oversight and meaningful investigations into allegations of abuse exacerbates the situation. Victims are often reluctant to seek justice due to a profound lack of trust in state institutions. Of the 432 cases documented, only 27 reached the State Human Rights Commission, and only 20 received favourable recommendations.

The psychological and physical toll on victims is severe. A 2015 study by Doctors Without Borders revealed that 19% of the Kashmiri population suffers from Post-Traumatic Stress Disorder (PTSD). The long-term effects of torture extend beyond individual victims, impacting families and entire communities and fostering an environment of fear and distrust.

Security forces have also implemented a strategy of collective punishment, subjecting entire populations to military operations during cordon and search operations (CASOs). These operations have gained notoriety for their brutality, perpetuating a cycle of violence and repression.

Despite being a signatory to the United Nations Convention against Torture since 1997, India has yet to ratify the treaty, drawing international criticism for its failure to commit to global human rights standards. In the past four Universal Periodic Review (UPR) cycles, the Indian government faced severe criticism for not ratifying the convention against torture and other inhumane practices.

The ongoing incidents of torture demand urgent attention from the international community. The use of torture in Jammu and Kashmir is a glaring human rights crisis, and the recent incident involving the four civilians from Kishtwar epitomizes a broader culture of impunity and state-sanctioned violence. These acts blatantly violate international human rights laws, including Article 5 of the UDHR and Article 7 of the ICCPR, as well as the principles of human dignity and fundamental freedoms enshrined in the UN Charter.

As calls for justice and accountability grow louder, national and international actors must advocate for meaningful reforms and better protections for civilians in the region. The path toward justice and reconciliation is fraught with challenges, but the voices of victims and their families must not be silenced. The time for change is now.

(*The author is the Chairman of the Islamabad-based Kashmir Institute of International Relations and can be reached at saleeemwani@hotmail.com. He tweets @sultan1913)

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