C I V I L L I B E RT I E S
4.19 For its part, the Commission received 285 complaints from the State of
Jammu & Kashmir in the course of the year under review, many of which listed
a dozen or more instances alleging serious violations of human rights. In
respect of each of complaints, notices were issued by the Commission, as
appropriate, to the competent authorities of the State Government and to the
Ministry of Defence and/or the Ministry of Home Affairs, calling for the
submission of detailed investigation reports. In each case, after examining the
reports, the Commission issued appropriate directions. As in the past, the
complaints covered a wide range of allegations, including those of enforced
disappearances, illegal detention and torture, custodial death, extra-judicial
killings and fake encounters.
4.20 In particular, the Commission made an analysis of complaints relating
to allegations of enforced and involuntary disappearances. Because of considerable
discrepancies in reports and statements made in respect of the numbers and
persons involved, the Commission specifically asked the State Government to
indicate:
i.
whether the State Government has established a system to record
allegations of enforced or involuntary disappearance and, if so, the nature
of that system;
ii.
the number of such allegations recorded by it, the details of the system
established thus far to investigate such allegations and the results, thus
far, of such investigations;
iii.
the measures that are being taken to prevent the occurrence of enforced
or involuntary disappearance; and
iv.
the measures that are being taken to bring to book those who may have
been involved in such disappearances and to provide justice to those who
have suffered.
The Commission intends to pursue these matters upon receiving the response
of the State Government. It has also asked the Association of Parents of
Disappeared Persons, from whom it had received a complaint, to provide it with
certain clarifications and such additional details that it may have in respect
of this matter. The Commission urges all concerned to cooperate fully in
ascertaining the numbers and whereabouts of those who are alleged to have
disappeared, so that this deeply disturbing issue is comprehensively addressed.
4.21 The Commission also continued to monitor developments in respect of
matters of which it had taken cognizance earlier. Thus, in regard to the five
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