E/CN.4/1994/31
page 57
271. On 3 December 1993 the Government replied that on 11 April 1993 Rajinder
Prasad and two others has reportedly been crossing the railway track when he
was accidentally run over by a train. The investigation conducted by the
Railway Police had indicated that the death was accidental. Subsequent to the
death a complaint had been filed by one of the factory workers to the effect
that they had been beaten by the factory owner. A case had been registered on
this basis and the owner and others arrested. The case was still under
investigation.
272. The Special Rapporteur also received information according to which there
has been a pattern of human rights violations committed by members of the
security forces in the course of their operations in Jammu and Kashmir. These
include reports of brutal torture and rape by members of the security forces,
often in retaliation for attacks by Kashmiri militant groups on them. Torture
is reportedly used as a means of extracting information from detainees,
coercing confessions or punishing persons believed sympathetic to the
guerrilla forces. Every government force operating in Kashmir, including the
Indian Army and India’s federal paramilitary forces, the Central Reserve
Police Force (CRPF) and the Border Security Force (BSF), has its own
interrogation centres in Kashmir. Detainees are reportedly first interrogated
by the detaining security force for periods of time which may range from
several hours to several weeks. During this time the detainee is not produced
before a court or given access to anyone outside the interrogation centre.
273. It was also reported that security personnel routinely ignore procedural
safeguards when taking persons into custody. Although Indian law requires
that everyone taken into custody must be produced before a magistrate within
24 hours, in fact detainees are rarely produced at all. Prohibitions and
safeguards against torture in the Indian Penal Code and the Code of Criminal
Procedure, which prohibit the use of coerced confessions and prescribe
inquiries into deaths in custody and prison terms for officers guilty of
torture, are also routinely disregarded. Security personnel responsible for
torture in Kashmir have reportedly never been held criminally liable for their
actions.
274. It was further reported that the use of rape is common in Kashmir as a
weapon against women suspected of being sympathetic to or related to alleged
militants; or as a form of retaliation against civilians believed to be
sympathetic to the militants. The authorities have rarely investigated
charges of rape by security forces and those which were investigated did not
result in criminal prosecutions. Incidents of this kind have been reported,
for example, in Chak Saidapora, near Shopian, district Pulwama; Haran, near
Srinagar; and Gurihakhar, Handwara district. The individual cases referred to
in the following paragraphs were transmitted to the Government.
275. Muzaffar Ahmed Mirza was arrested on 4 October 1991 in Tral, a village
about four kilometres south of Srinagar. He was allegedly beaten and given
electric shocks to the genitals. After that, an iron rod was inserted into
his rectum and pushed through to his chest. He was found by the side of a
road and taken to the Medical College hospital the next day in severe pain.
The next day he underwent chest surgery which revealed a large laceration of
the diaphragm and left lung. Within two or three weeks, he died of subsequent
internal infection.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents