Response of Indian government
Reacting angrily to a submission from the Geneva-based Human Rights Council (HRC) on the alleged violations in Jammu and Kashmir, India has informed the United Nations body that it will no longer entertain any communication with the HRC’s Special Rapporteurs on its report.
Questions asked by Special Rapporteurs
The current Special Rapporteurs on Extrajudicial Executions, Torture, and Right to Health — Agnes Callamard, Dainius Puras and Nils Melzer — had referred to a June 2018 report of the Office of the High Commissioner of Human Rights (OHCHR) and written to the government in March 2019, asking about steps taken by New Delhi to address the alleged human rights violations listed in the report.
In adition, the Special Rapporteurs had listed “13 cases of concern” from 2018 alone, in which “four children were among eight civilians killed by members of the security forces.”
Rejecting all the claims, the Indian Permanent Mission to the United Nations in Geneva replied to the OHCHR that India does not intend to engage with UN Special Rapporteurs.
India had also rejected the OHCHR’s report on the ‘Situation of Human Rights in Kashmir’ — the first-ever such report on Jammu and Kashmir that came out in June 2018 — and accused the High Commissioner of Human Rights Zeid Ra’ad Al Hussein of “clear bias” in bringing it out.
What does UN Officials say?
UN officials say that India is already in contravention of several Conventions it has committed to, including a “Standing Invitation” signed in 2011 to all special rapporteurs to visit India. According to the UN records, more than 20 such visit requests, including to Jammu and Kashmir, are pending at present. UN sources also said that between 2016-2018, the OHCHR Special Rapporteurs had sent as many as 58 communications, and had received no response other than the April 23 letter on Jammu and Kashmir.
Report from NGOs
The UN submission on Jammu and Kashmir coincided with the release of an extensive 560-page report prepared by the J&K based Association of Parents of Disappeared Persons (APDP) and the J&K Coalition of Civil Society (JKCCS). The report, entitled ‘Torture: Indian State’s Instrument of Control in J&K’, documented 432 cases of suspected human rights violations and brutality by security forces of which only 27 had been investigated by the State Human Rights Commission.
The report claimed that nearly “70% of torture victims in Jammu and Kashmir were civilians (not militants) and 11% died during or as a result of torture”. The cases included incidents of electrocution, ‘water-boarding’ and sexual torture, which the government has repeatedly denied.