A 004144 02.07.2020 KASHMIR COUNCIL-EU KASHMIR COUNCIL-EU Mr. David Maria SASSOLI European Parliament Bât.PAUL-HENRI SPAAK 09B011 60, rue Wiertz B-1047 Bruxelles June 1, 2020 Dear President David Maria SASSOLI, I am writing to you to draw your attention to the latest report released by the Jammu and Kashmir Coalition on Civil Society (JKCCS) and Association of Parents of Disappeared Persons (APDP) which documents a very dire human rights situation in Indian-Administered Kashmir, due to the general breakdown of the rule of law. The report shows that at least 229 people were killed following different incidents of violence, including 32 civilians who lost their life due to extrajudicial executions, only within a six months period, from January 1, 2020, until 30 June 2020. Women and children who should be protected and kept safe, suffer the hardest from the effects of the conflict, three children and two women have been killed over this period alone. On an almost daily basis, unlawful killings of one or two individuals are reported in Jammu and Kashmir. As you may be aware, impunity for human rights abuses is a long-standing issue in Jammu and Kashmir. Abuses by security force personnel, including unlawful killings, rape, and disappearances, have often go ne uninvestigated and unpunished. India authorities in Jammu and Kashmir also frequently violate other rights. Prolonged curfews restrict people’s movement, mobile and internet service shutdowns curb free expression, and protestors often face excessive force and the use of abusive weapons such as pellet-firing shotguns. While the region seemed to have slowly emerging out of the complete crackdown imposed on 5 August 2019, with the spread of the COVID-19 pandemic, the lockdown was reimposed and so the conditions for civilians remain dire. The lockdown, which was declared in March 24th, 2020, was imposed without any notice being ever given to Kashmiris and enforced in a very highly militaristic way, with armed police and paramilitary personnel completely blocking roads with concertina wire and vehicles. To date, there are no clarifications as to how long is this lockdown going to be upheld, and the Kashmiris people are again being pushed into uncertainty. Since January, as the report documents, there have been at least 48 cases of civilian properties destruction recorded committed by the Indian armed forces without any form of accountability, rendering many poor families homeless. The existence of abusive security laws allows security forces to commit such acts without any repercussions, and more often the lack of transparency block victims access to justice. Abusive laws such as the Armed Forces Special Powers Act has only contributed to the creation of a ‘culture of impunity’. There are also intensive efforts to curb free expression, journalists and other media actors are often intimidated by threats and pressure from authorities, including several incidents where journalists have been severely beaten and arrested under severe conditions. Even the most fundamental rights such as the right to access information continue to be severely restricted by the Indian government, there have been at least 55 instances of internet blockages recorded over this period. In view of the fact that even the most fundamental rights are being infringed and civilians are being killed on a day to day basis, the Kashmir Council-EU urges the European Union as the global defender of human rights to pay particular attention to the present situation in Kashmir and if it is possible to send EU representatives to assess the situation on the ground and impose restrictive measures. If the negotiations on the Free Trade Agreement between the EU and India are to continue in the near future, and human rights provisions would be included, they should reflect the actual dire situation on the ground. A Rapporteur should be appointed to closely monitor the situation on the ground. Unless some actions are being taken to end the human rights abuses, the current situation will most likely lead to another escalation of tensions. The Indian government should take seriously its obligations under international human rights and end the impunity with which unlawful killings and human rights abuses are being committed in Jammu and Kashmir. Lastly, the Kashmir Council-EU greatly appreciates the increasing peace-building efforts of the EU on both sides of the Line of Control, aimed at promoting cross-border dialogue and include the perspectives of the local Kashmiri population. Yours sincerely, Rue Willems, 23, Saint-Josse-ten-Noode 1210 Brussels, Belgium Telephone: +32 22 80 69 94 Email: [email protected] Six Monthly Review of Human Rights Situation in Indian administered Jammu and Kashmir (January to June 2020) Association of Parents of Disappeared Persons and Jammu Kashmir Coalition of Civil Society The Bund, Amira Kadal, Srinagar-190001, Jammu and Kashmir www.jkccs.net 2 6 monthly Human Rights Review report is a bi-annual review of Human Rights in Jammu & Kashmir. It summaries key human rights issues facing Jammu and Kashmir. Published by Jammu Kashmir Coalition of Civil Society & Association of Parents of Disappeared Persons (1 July 2020) © Jammu Kashmir Coalition of Civil Society CopyLeft License: The 6 monthly Human Rights Review report (January to June 2020) may be used, reproduced or translated freely for non-commercial purposes, with due acknowledgement and attribution. 3 Table of Contents 1. Executive Summary 2. Human Rights Violations Statistics 3. Killings 4. Cordon and Search Operations 5. Destruction of Property 6. Arbitrary and Administrative Detention 7. Communication Blockade 8. Attack on Religious Places 9. Use of Excessive Force 10. Introduction of New Laws and Recent Policy Changes in Kashmir 11. COVID-19 Lockdown and Impact on Human Rights 12. Human Rights related Official Statements 2020 4 I. EXECUTIVE SUMMARY This bi-annual report on the situation of human rights in Indian administered Jammu and Kashmir (henceforth J&K) covers the period from 1 January to 30 June 2020. The first six months of 2020 witnessed at least 229 killings in different incidents of violence. The first six months of 2020 witnessed the extrajudicial executions of at least 32 civilians in J&K, besides killings of 143 militants and 54 armed forces personnel. Children and women continued to be victims of violence in J&K as 3 children and 2 women were killed in the first half of 2020. From January 1 to June 30, at least 107 Cordon and Search Operations (CASOs) and Cordon and Destroy Operations (CADO’s) were conducted in J&K which resulted in the killing of 143 militants. At least 57 encounters took place between Indian armed forces and the militants following CASOs in the first six months of 2020. During CASOs and encounters, vandalism and destruction of civilian properties was reported. In the first six months of 2020, media continued to be at the receiving end of the pressure, intimidation and harassment by the authorities, with several incidents of beating and thrashing of journalists. Besides physical assaults, few Kashmir based journalists were also booked under stringent charges and cases were filed against them. The first six months of 2020 witnessed the continuation of the banning of the 4G mobile internet services, which was banned on August 5 last year. The right to access information continues to be severely restricted in J&K as part of the ongoing counter-insurgency measures by the government of India as there were 55 instances of internet blockades recorded from January 1 to June 30 2020. In J&K, the destruction of civilian properties by armed forces personnel during encounters or while dealing with the protestors saw an uptick in the first six months of 2020. From January 1 to June 30, at least 48 cases of destruction of civilian properties were reported in Jammu and Kashmir. The destruction of civilian properties during encounters saw an increase during the COVID-19 lockdown enforced by the government, rendering many families homeless and without shelter. II. HUMAN RIGHTS VIOLATIONS STATISTICS Year 2020 January February March April May June Total Civilians Killings 02 03 07 09 05 06 32 Militants Killings 17 07 07 35 15 62 143 Armed Forces 09 03 03 17 15 07 54 Killings No. of encounters 11 3 3 13 10 17 57 No. of CASOs 18 14 8 21 14 32 107 5 III. KILLINGS The first six months of 2020 recorded at least 229 killings in different incidents of violence across J&K. The first six months of 2020 witnessed a peak in violent encounters between armed forces and militants, resulting in the killing of 143 militants. Armed forces accounted for 54 killings while 32 civilians were killed in various incidents of violence. (In the same period in 2019 i.e. January to June 2019, at least 271 killings were witnessed in J&K, which include 43 civilians, 120 militants and 108 Indian armed forces personnel). The month wise figures of killings are given in a table below: Killings from January to June 2020 Month Armed Forces Militants Civilians Monthly total January 9 17 2 28 February 3 7 3 13 March 3 7 7 17 April 17 35 9 61 May 15 15 5 35 June 7 62 6 75 Total 54 143 32 229 Among 32 civilians killed in J&K from January 1 to June 30, 9 were killed due to shelling at LOC, 11 were killed by unknown gunmen, 4 were killed by militants, 2 were killed by armed forces, 3 died due to injuries inflicted at encounter sites, 1 died in cross firing and 2 were killed to due to a blast at Army ammunition depot. Among 54 armed forces killed in J&K, 4 were killed in fratricidal incidents, 9 committed suicide, 7 died due to shelling at LOC and the 34 were killed in encounters with militants.