“FUTURE SHOCK” Finally, J&K State Human Rights Commission (SHRC) has accepted its Police Investigation Team (PIT) report, thereby, dispelling the fears that the report would be tempered, mutilated or undermined or rejected. It is for the first time, the Commission after the Sailan Massacre 1998 has decided on a very important issue concerning the families of two hundred thousand. The Commission made six point recommendations including DNA profiling of the bodies in the unmarked graves. By this order, SHRC earned applauses amongst people. Now the ball is in Government’s court, but how will it treat the recommendations will remain to be seen. Normally, the SHRC recommendations are not being taken seriously by the governments, even in individual cases, so interesting to see, what would be its response in this important matter, which has caused concern and interest locally, nationally and internationally. For the first time, that any Govt. controlled institution of any Asian country have acknowledged the existence of more than 2000 nameless graves and unmarked graves in any region. It is not only the J&K govt. alone but the buck has been passed over to the federal government, as we are conscious the state govt. has reservations about major issues having international ramifications in the era of globalization. It would be interesting to see what would be the stand of the Union of India, which is likely to face the diplomatic heat in coming days and months. Keeping in view the Punjab case, where enforced disappearances and surreptitiously cremations were successfully diluted by federal government and made it a non-issue. In Punjab, on the directions of Supreme Court and NHRC, CBI conducted investigations into the disappearances and cremations of Sikhs. The CBI investigation confirmed police have illegally cremated 2097 people in Amritsar alone. However, in 16 other districts no investigation was conducted, finally nothing happened and the issue had died a silent death there. Contrary to Punjab, the graves exist here, they cannot get rid of them or remove them, as they are the living proof. The dead do not speak themselves unless civil society or human rights organizations will not conduct the intense and constant campaign. We are conscious of the fact that the Govt. will try its best to deflect and deflate the mass graves issue, which has got wide-coverage internationally. The issue has caused embarrassment to GOI internationally that too at a time when it is seeking permanent membership before the UNSC, and is lobbying with the US and other countries for supporting its membership. Such a huge number of nameless graves and unmarked graves at its backyard is definitely going to question its membership claim. There are more skeletons tumbling out from twin districts of Jammu province. APDP / IPTK submitted a list of 3,844 unmarked graves and nameless graves form Poonch and Rajouri to the Commission. In the matter, the Commission has directed District Magistrates to submit the report and there is likelihood of similar investigations by the PIT. The establishment of such a large number of graves in Kashmir has made a positive impact on the people on the districts of Jammu, where no such investigation has ever been conducted by human rights organizations. We have reports that large number of people has came forward with the claims of presence of large number of nameless and unmarked graves, so in total confirmed and unconfirmed 6,000 graves in J&K. It is a huge issue which international community is unlikely to ignore despite Govt. of India’s hollow claim of the largest democracy etc. Chile dictator Pinochet responsible for 3,000 disappearances and Milosevic of Serbia responsible for 2,000 disappearances were reviled as international war criminals. Besides govt. of India, it also put to test Indian civil society. What position it would take remains to be seen. We appreciate Indian moral leadership for doing commendable job in Gujarat after the riots broke out there. In the backdrop of past experience, Kashmir being a different matter whether this time they will provide the support to the organizations, which have highlighted the issue or as usual opt to highlight the non-issues in J&K state. The Govt. is likely to divert the issue by manufacturing some other issues. Whether the recommendation made by the Commission would be implemented is another question particularly DNA profiling and punishment to the perpetrators. There would be definitely noises from the mainstream political parties and from the Hurriyat leadership and the theatricals could be seen in coming day, but nothing concrete is likely to happen unless a constant sustain campaign is not carry out with innovative ideas. The Kashmiri Diaspora has already disappointed us, as it was their job to carry an international campaign as they have the resources, reach and capacity to do so. Their callous and criminal indifference only give hopes to the Indian government that things are manageable here. It is, therefore that international organizations particularly Asian Federation Against Involuntary Disappearances (AFAD), Argentine Team of Forensic Anthropology (EAAF) and Federación Latinoamericana de Asociaciones de Familiares de Detenidos Desaparecidos (FEDEFAM) has to be roped in to push the campaign before international humanitarian institutions, as it is a crime against humanity in the era of R2P which stipulates to protect the civilians. The R2P doctrine, now internationally recognized law, intervention is needed otherwise the govt. both at state and centre are likely to have the last laugh. The isolated struggle in a corner is unlikely to deliver. Aware of the fact, it is a long drawn struggle takes years and decades even the mass graves of World War II in Zagaree or Bucharest (Romania) are being discovered by Jews and they are conducting investigations about the perpetrators responsible for these mass graves, even if they don’t survive. Even Armenians are seeking justice from Turkey for the massacre of Armenians in World War I finally the moral is that it needs determination, consistency and will to seek justice as there are no shot-cuts. Ours is a culture where we want that things should deliver within weeks or months. The Informative Missive 1 September 2011 APDP / IPTK FILES REJOINDER TO SHRC Sept 14: Association of Parents of Disappeared Persons determine the circumstances of death and the date of (APDP) and International People’s Tribunal on Human death. The circumstances of death established by Rights and Justice in Indian Administered Kashmir forensic examination will help in the prosecution (IPTK) filed a rejoinder before State Human Rights processes. Commission (SHRC) into the nameless and unmarked 7. We request that SHRC extend its investigation to graves. The joint rejoinder was filed annexed with two include each site investigated by IPTK/APDP in separate lists of nameless graves and unmarked graves in north Kashmir, and beyond to all twenty districts in Rajouri and Poonch districts of Jammu province. Jammu and Kashmir. In particular, we ask that APDP and IPTK would like submit the following as our investigations take place in Doda, Poonch, Rajouri, rejoinder for your consideration: Ramban, Reasi, Shopian, Pulwama, Anantnag, 1. IPTK/APDP had investigated 62 graveyards across 3 Kulgam, Budgam, and Ganderbal district (these districts of Bandipora, Baramulla, and Kupwara while districts have been declared disturbed and AFSPA as the Police Investigation Wing of SHRC has only still is enforced). For the continuation of the visited 38 graveyards in 3 districts of Bandipora, investigation of SHRC into other districts from where Baramulla, and Kupwara. IPTK/APDP has received considerable information 2. In 62 graveyards investigated by IPTK/APDP we had about the existence of unmarked graves, we are documented 2700 unknown, unmarked, and mass submitting a list of graveyards containing unmarked graves, containing 2943 bodies, out of which 2373 graves. were unmarked graves. The Police Investigation 8. From Poonch district we have received credible Wing of SHRC in the 38 graveyards, which they have information about the existence of 2717 unmarked investigated, have documented 2730 graves, out of graves across 90 graveyards (see Annexure Poonch which 2156 graves are still unidentified graves, and unmarked graves). Significantly there are reports by 574 persons were later after being buried as foreign locals in Poonch that in these unmarked graveyards militants, identified as local residents of Jammu and there are also those illegal immigrant workers from Kashmir. different parts of India and Bangladesh who have 3. It is very crucial to establish as to why State had been using the Poonch border route for infiltrating buried 574 people in various graveyards as foreign and ex-filtrating to Pakistan in order to visit Gulf militants. Why did state authorities not attempt to countries via Pakistani ports. According to the either hand over the bodies to the family members of allegations made by local people, many of these the dead, as it was their right. It appears that illegal immigrant workers after being caught by the authorities were trying to conceal. Why were the Indian army were being imprisoned; many were authorities not following the legal procedures? The killed in fake encounters and branded as foreign burial and later identification of these 574 residents of militants. In many jails of Jammu and Kashmir some Jammu and Kashmir, in itself merits a probe. of these Bangladeshis and Indian citizens are still 4. The Police Investigation Wing of SHRC in its inquiry imprisoned. These allegations can be affirmed or report has identified 18 mass graves - graves that negated by DNA profiling of those buried in have more than 1 body, while as IPTK/APDP has unmarked graves. identified atleast 42 mass graves from 18 graveyards. 9. In Rajouri district we have received credible (See Annexure mass graves) information about the existence of 1127 unmarked 5.