New Delhi rulers - frustrating administration of justice

By Hassan Zainagiree

Srinagar, June 11: It's always guilty that must be punished, no matter who he is, what institution he belongs to. What matters is the nature of crime and the spirit of justice which must be the only standard to judge the merit of the case, comments -Aggressors like Halakoo and Changaiz did what history recorded them for. Genocides, macabre death dances, imperialistic arrogance and killing sprees. They hungered for blood and blood they had in full.

They played hosts for the owls to celebrate doomsday. They loved and enjoyed the “music” of innocent hapless yelling in pain, frying in agony. Unlike present day “civilized democrats”, champions of human rights and “secularists”, these “savage tormentors” however, did not wear gloves to hide their murdering hands, nor put on masks to conceal their identity. They raised the minarets of skulls in broad day light. They created tsunami of death and destruction quite openly. To let no one harbor any misunderstanding or misconception about their intentions. In the guise of saviors they didn't masquerade as brutal killers. Summary executions they would take at the wink of an eye. But would be ashamed of carrying out enforced disappearances, take encounters and custodial killings. Merciless tyrants they undoubtedly were. But duplicitous and cunning they certainly were not.

What the “civilized” world is doing today under various garbs and after taking “solemn pledges” of “respecting human dignity” and showing commitment to International Laws and numerous Geneva Conventions, makes it absolutely clear that medieval period ruthless warriors and despotic    monarchs had at least one moral edge over present day “democratic” rulers. In their not being guilty conscience they had not to hide their criminal profile under various “legal” nuances, nor fudge the records and resort to unmarked graves.

If by some miracle the Halakus and Changaizes were to arise from their graves, they would file in defamation suits against their “siblings” in death and destruction for unjustifiably maligning and accusing them for what they “excelled” in perfection themselves.

In a modern state if institutions of justice are deprived of serving the basic purpose of providing justice to the victim and their “constitutional powers” of prosecuting proceedings against perpetrators of heinous crimes, the state is, of its own, blurring the distinction between detestable regime it denounces and the democratic state it takes pride of giving it to its people. In this backdrop, invoking Armed Forces Special Power Act to halt administration of justice has all but exposed Indian state in its tall claims that every one is accountable before the law of land. On April 24 was stayed the trial of involving murdering civilians in fake gunfights by police and army. The ruling came after the counsel for union of India pleaded that army personnel named in case could not be prosecuted as the sanction has not been given by the government of India which is an essential requirement under the section 7 of the AFSPA. Earlier Supreme Court of India stayed proceedings in an identical case (Pathribal case) in which five civilians were murdered and then passed off as foreign militants responsible for massacre of 35 Sikhs in Chittisingpora. Forensic tests revealed they were civilians. It is to be noted that the chief judicial magistrate in Srinagar has asked the army to either stand trial in a criminal court or in an army court. But the army refused to exercise the option and stated it enjoys impunity under AFSPA. 

The fake encounter came to force last year. Eleven persons, including five army personnel, are accused of murdering of innocent people for promotion and “gallantry” award. The guilty police officers have already been arrested and are facing the trial. Justice demanded both troops and police personnel involved in the same crime and who are accomplice of each other should be punished and no discrimination shown. How can a killer in olive green be exonerated while the one in khaki be prosecuted? This is close to apartheid and smacks of neo-colonial approach. A sweeping generalization Delhi insists observers must avoid from making. “Individual aberrations”, it argues in defense.

Prosecuting erring soldiers doesn't mean prosecuting or maligning army as an institution. Only a “miniscule” from 'individual aberration', it means, have to account for their grave crimes they perpetrated against unarmed civilians. It is only when state shields such “action addicts”, under one pretext or other, that, infact, tars black the entire face of Indian army and drills holes in its claim that it is a “disciplinary” force. This attitude of authorities emboldens men in uniform to indulge in more excesses and atrocities. Even those immune to such “heroic” adventures loose the veneer of tolerance and get going. A message flows down the rank and file: We are above the law. State is behind us for every thing we will do. Thus it is state that gives them a license to kill and main, rape and destroy. On one hand Delhi repeatedly talks of “zero-tolerance” on human rights, on the other, it invokes the draconian law to ensure infringement.

The AFSPA requires pre-sanction of Delhi for prosecuting guilty soldiers, which usually is not given as Delhi's rigidness shows. More than 300 cases of gross human rights abuses against Indian forces like army and para-military troops could not be tried because Indian Home Ministry has not granted sanction. This is how authorities in Delhi are bent on frustrating administration of justice.

AFSPA and democracy are irreconcilable and can't be stuffed in one scabbard. Amnesty International too states that the black law encourages and abets abuse of human rights by men in uniform. Why authorities in Delhi allow a handful of soldiers to tarnish the image of the organization and the country they belong to, one fails to understand.For its own sake it is time Delhi repeal the law that has dented its credibility as a democratic state. 

(The edited version of the article written by Kashmiri writer Hassan Zainagiree)

Kashmir Centre EU erects military tent in Geneva

Geneva, September 16: The International Council for Human Rights (ICHR) and International Human Rights Association of American Minorities (IHRAAM) organize parallel events within and outside the Palai des Nations, Geneva by erecting the military tent under the theme ‘Kashmir UN Week – Killing Fields of Indian Held Kashmir’ and by holding the conference on ‘International Human Rights Norms and the Crowd Control’, reports KMS from Geneva.

The International Council for Human Rights (ICHR) Kashmir Centre European Union once again embarked on an unprecedented activity here at Geneva by installing a military tent outside the Palais des Nations near the famous three legged chair. The tent, once again, signifies the continued occupation of Jammu and Kashmir by India and its military and paramilitary forces.

The theme of the tent ‘Killing Fields of Indian Held Kashmir’ directly relates to the current state terrorism perpetrated by the Indian forces in the occupied territory. Whereas inner part of the tent represents the scene of martyrdom, however, its outer part registers the names of all those who have been martyred between 11th June to 6th September 2010 identifying the date of killing of each martyr. Hundreds have visited the tent over the last two days including journalists, diplomats, NGOs and tourists. Analysts see it as a major source of exposing the real face democratic India and representing a total reality on ground in occupied Kashmir.

Inside the Palais des Nations, IHRAAM conducted a conference on “International Human Rights Norms and the Crowd Control” chaired by the Chairman of ICHR Kashmir Centre Brussels, Barrister Abdul Majeed Tramboo. The panelists included analysts, human rights experts and journalists.

In his opening remarks Barrister Tramboo said, one of the fundamental human rights is that of freedom of expression that in many instances comes in the form of a protest or demonstration. “Indeed, in such situations the good or bad practices of the police force become an issue particularly where violence is used to quell a legitimate protest,” he said. He pointed out that the current spree of unmitigated use of live ammunition and teargas by the Indian military and paramilitary forces in occupied Kashmir was in direct response of widespread peaceful assemblies across the territory dissenting the suppression of 64 years demand for the right of self-determination. “The forces have brutalized each peaceful assembly without provocation with the knowledge and tacit sanction of the government of India thereby effecting gross human rights violations to maintain militarized occupation and governance,” he added.

The Executive Director of Kashmir Centre London, Professor Nazir Ahmed Shawl, in his address expressed concern over the actions of Indian police in the territory. “They are beating our people with their plastic sticks. They are killing us. They are violating all norms of civilized behavior and showing no respect to the international law. There is a real crisis situation. Armed Forces Special Powers Act and other draconian laws are used as licence to kill,” he said. Professor Shawl appealed to the international community to save the suffering Kashmiris and facilitate a result-oriented dialogue between the people of Kashmir, India and Pakistan to bring peace to region and to resolve the dispute.

Kashmir was presented as a human tragedy in a direct testimony by an Italian journalist Ms Francesca Marino, who had just returned from Srinagar. She described in detail the repression that is being perpetrated by Indian police in particular against students and innocent people, like very young children, who take part in peaceful manifestations to roar their own message of freedom.

“Is it too late to do something?” asked PJ Mir, a political analyst and the Head of ARY News. “Peace is never too late”, he declared. But at the same time he lamented that there is calculated genocide taking place in occupied Kashmir and Kashmiris were being hunted like animals by Indian forces. He asked Indian leadership to demonstrate political will and redeem the right of self-determination to the people of Jammu and Kashmir. PJ Mir emphasised that the role of Kashmir Centres in highlighting the Kashmiris’ tragedies was more crucial now.

Alfred de Zayas of Public and International Law Geneva School of Diplomacy & International Relations, focused on the contradictions of India. He pointed out that on one hand India was a democracy, but on the other, it was inflicting excesses on the people of Kashmir. Referring to the international law, he said, every restriction must be justified otherwise it does not fall within the ambit of humanitarian law and it could be in direct contravention of Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights. He insisted that the UN norms through special rapporteurs, working groups and committees must be invoked in order to engage the mandates and the countries involved.

Roland Barnes of International Peoples and Nations Coalition considered the parallelism between his own people and Kashmiris. But recognised that there was no violence against the indigenous people of Alaska. “It is important that meetings like these take place in the UN to continue to raise the issue and to keep it in the limelight.

The conference concluded by adopting a statement that the international human rights norms demand that everyone is entitled to all the rights and freedoms and that the right of peaceful assembly must be recognised with no restrictions placed on the exercise of this right and that the people of Jammu and Kashmir under the occupation of India are no exception to this.

Amnesty International urges India to avoid use of force on protesters in Kashmir

Srinagar, July 04 (Writer-South Asia): In Kashmir, Indian troops, in their fresh act of operations , martyred four innocent Kashmiri youth in Kupwara district, today.The troops killed the youth in Nowgam area of the district during violent military operations, which continued till last reports came in.

The London-based world human rights body, the Amnesty International has urged India to avoid the excessive use of brute force on protesters in occupied Kashmir as it had an obligation to protect the right to life of the people, in accordance with international law.

The Amnesty International in a statement issued in London said that in the last month, a total of 11 persons, at least eight of them teenagers, were killed in shootings by the Indian paramilitary Central Reserve Police Force personnel during demonstrations in Srinagar, Sopore and other towns.

The Amnesty demanded probe into all the killings to bring the involved troops to justice.

Welcoming the Amnesty International’s statement, the Chairman of Kashmir Centre Brussels, Barrister Abdul Majeed Tramboo urged the United Nations and European institutions to act urgently to help stop Indian state terrorism in occupied Kashmir.

In Srinagar, the APHC Chairman, Mirwaiz Umar Farooq, addressing a press conference after presiding over a meeting of Hurriyet’s Executive Council, said that Kashmiris’ struggle for right to self-determination was totally indigenous and India would not be able to crush it through use of brute force.

Meanwhile, life in the occupied territory remained at a grinding halt as curfew, restrictions and protest demonstrations in Kashmir valley entered the ninth day, today. Hundreds of people took to the streets in Islamabad town, raising pro-liberation slogans. Indian police fired in the air and lobbed teargas shells to disperse them. Despite restrictions, people held demonstrations in Trehgam area of Kupwara and in many parts of Doda and Kishtwar.

Indian troops, in their fresh act of state terrorism, martyred four innocent Kashmiri youth in Nowgam area of Kupwara, during a crackdown operation, today.

In Islamabad, the Prime Minister of Azad Jammu and Kashmir, Raja Farooq Haider Khan visited the office of APHC-AJK to express solidarity with the people of occupied Kashmir. He met with the leaders of APHC and the forum patronized by Syed Ali Gilani. The AJK Prime Minster said, the people of occupied Kashmir are not alone in their struggle of right to self-determination as the leadership and the people of AJK and Pakistan stand firmly at their back. He said that Kashmiris’ struggle was destined to succeed because it was based on the principles of justice and international law.