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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