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
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