Thursday, January 20, 2022

Stoke White Investigations; India's War Crimes in Kashmir: Violence, Dissent and the War on Terror;and other legislation Jan 20 2022;

 


Stoke White Investigations; India's War Crimes in Kashmir: Violence, Dissent and the War on Terror; Jan 20 2022;

A selection of new and detailed evidence gathered from over 2000 testimonies offered by civilians forms the basis of our report into human rights abuses by India in Jammu and Kashmir, including torture, extrajudicial killings, and the detention of minors.  Although the violence inflicted on Kashmiri Muslims by the Indian army has been well documented, this report provides new evidence-based insights into the extent of the abuse based on 2000 testimonies gathered over one year. The report forms the basis of an appeal to the UK Metropolitan Police unit for the arrest of perpetrators of violence against civilians in this context.  Within the framework of the Global War on Terror and counterterrorism, acts of abuse are directed against those Muslims dissenting against Indian occupation by conducting legitimate protest, seeking legal recourse through the law, and embarking on peaceful civil society advocacy.  These individuals, and those who are uninvolved in any of the above activities but who have been swept up as innocent bystanders, feature as the subjects of this report. Of particular concern is the kidnapping at age 15 of Zia Mustapha and his 18-year detention without charge that culminated in his extrajudicial killing, as well as the torture of human rights defender Mohammed Ahsan Untoo. This report also provides unique evidence of the presence of Israeli intelligence operatives during interrogations and torture of Muslims in Jammu and Kashmir. Indeed, the culture of impunity in the region has been enabled by a global environment in which torture has become acceptable under Western complicity. Nearly three decades have passed and not a single member of the Indian military has been prosecuted, despite growing evidence of unlawful conduct. It is hoped this documentation will start a process of accountability and justice for survivors, through a more appropriate and rigorous implementation of international human rights law. https://www.swiunit.com/post/india-s-war-crimes-in-kashmir-violence-dissent-and-the-war-on-terror; complete report ; India's War Crimes WOT.pdf.


Zia Mustafa’s extra-judicial ; Jan 22 2022;

The Legal Forum for Kashmir (LFK) has launched a comprehensive dossier on Zia Mustafa’s extra-judicial execution in a staged encounter at Poonch in Indian Illegally Occupied Jammu and Kashmir (IIOJK). According to the dossier, 15-year-old Zia from Rawalakot in Azad Jammu and Kashmir (AJK) inadvertently crossed the Line of Control (LoC) on January 13, 2003, and was arrested by Indian occupying forces. The family members of Zia lodged a missing report before the relevant police station. The army and IIOJK police, led by the then Director General of Police A K Suri, gave a joint press conference to the Indian media on April 11, 2003, projecting and presenting Zia as a "foreign militant", allegedly involved in the so-called terror incident. However, the dossier reported that Zia was a minor when he crossed the border unknowingly and later, was falsely implicated in militancy by the Indian forces and agencies.

The report further stated that the trial court in Shopian in IIOJK framed charges against Zia under Sections 302, 120b, 450, 395, of IPC; 7/27 PACT; 2/3 IMCO. However, the state out of prosecution witnesses failed to produce a single piece of evidence against Zia. Accordingly, the court closed the prosecution evidence. The state of IIOJK filed a criminal appeal before the occupied region's high court, which was meritless and accordingly dismissed by the court.The state again approached the Supreme Court of India and filed a criminal appeal 39899/2018 with the condonation of delay application which was still pending. Zia’s lawyer Mubashir Gattoo, while talking to local media, said that there was no evidence for his conviction. The dossier highlighted the extra-judicial execution of an under trial who was in judicial custody when the joint counter-insurgent group including the Indian army without following the mandate of law took Zia outside the jail and killed him in a staged encounter.  The dossier also revealed the important documents showing Zia, a minor boy, at the date of his arrest. Moreover, the prisoners' list exchanged by the foreign offices listed Zia as an undertrial prisoner. It highlighted the 111 fake encounters and the alleged perpetrators involved in these war crimes. The LFK held a roundtable debate inviting law experts and key stakeholders on the ‘universal jurisdiction’ case submitted before the metropolitan war crime unit in the United Kingdom. Hakan Camuz said that he hoped that the request to British police seeking the arrest of Indian officials would be followed by other legal actions also focusing on Kashmir. He added that Stoke White was sure that it was not going to be the last one, there would probably be many more applications.

Towards the end, Executive Director Nasir Qadri said, "This is the beginning of lawfare against the occupier and his organisation would further pursue the war crime cases to different available forums so that the perpetrators involved were apprehended for their crimes." https://tribune.com.pk/story/2339777/lawsuit-filed-against-modi-others-in-uk-for-kashmiris-extra-judicial-killing

 


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