CIVIL LIBERTIES section 19 of that Act relating to the procedure to be followed with respect to the armed forces when allegations of human rights violations are brought against them. In brief, the Commission has taken the position that in the case of unnatural death caused by the use of force, or 'disappearance' from custody, unless it can satisfactorily be shown that the custodian is not responsible for the harm done in custody, or 'disappearance' from custody, the initial presumption of accountability of the custodian will remain unrebutted and the Commission will proceed to act accordingly. 4.11 In the course of the year under review, the human rights situation in Jammu and Kashmir remained fraught with difficulties, requiring the close attention of the Commission. According to figures released by the Government of India in respect of that State, despite a peace initiative during the holy month of Ramzan, there were 4,522 incidents recorded during the year involving militants; the number of civilians killed rose to 919 compared with 762 in the preceding year; the security forces themselves took 536 casualties, compared to 400 in the previous year; while 2,645 militants were killed, including 625 who were foreigners. 4.12 Throughout this period and despite this climate of continuous violence, the Commission pursued its responsibility to promote and protect human rights in Jammu and Kashmir. In the course of the year, it received a total of 342 complaints alleging human rights violations in that State, including 18 complaints relating to 314 incidents firom the Director, Institute of Kashmir Studies, Srinagar, in which it was alleged that human rights had been violated by members of the police, para-military forces and army. Each of these complaints was processed with promptness. Whenever the Commission considered it necessary, notice was issued to the concerned authorities of the State Government, the Ministry of Home Affairs and the Ministry of Defence calling for the submission of detailed investigation reports. In other cases, the State authorities were themselves directed to look into the grievances, remedy them, and report back to the Commission on the action taken. In instances when the Commission reached the conclusion that the reports received were evasive, unconvincing or inadequate, it caUed for further information on the basis of a careful analysis of these reports, often by its own Investigation Division. On frequent occasions, the Commission interacted with the complainant, advising him of the efforts made and eliciting his responses in respect of the investigations conducted and the reports received. The complaints covered a wide range of allegations, including those of enforced disappearances, illegal detention and torture, custodial death, extra-judicial Idllings and fake encounters. ANNUAL REPORT 2001 -2002 \ 27

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