---------- Forwarded message ----------
From: Nagraj Adve <[EMAIL PROTECTED]>
Date: Aug 27, 2008 10:23 AM
Subject: PRESS RELEASE ON KASHMIR - Findings of an Investigation Conducted
>From 22 to 25 August 2008
To: Friends of PUDR <[EMAIL PROTECTED]>

Please forward widely.
Nagraj



People's Union for Democratic Rights, Delhi

* *

* *
PRESS RELEASE

* *

*Findings of an Investigation Conducted From 22 to 25 August 2008*

* *

A six-member team from four human rights organisations conducted an
investigation into the "economic blockade" in Kashmir and its aftermath and
toured the districts of Srinagar, Budgam, Baramulla, and Bandipora. The team
spoke to victims of the violence and their families, people who were part of
protests, doctors at the SMHS hospital, journalists, the Kashmir Chamber of
Commerce, and office bearers of many social and political organisations.
However, the fact finding was disrupted as the state announced an indefinite
curfew from the morning of 24 August. The release also addresses the second
round of curfew currently in force. The total loss of life during the two
periods of curfew stands at over 35.

The main findings of the team are summarized below:



*1.  Azaadi is the primary demand in Kashmir*

The team arrived in Srinagar on 22 August and witnessed the massive protest
meeting at the Idgah grounds. People gathered there publicly declared their
primary demand for azaadi (freedom) at the meeting venue and through
numerous street processions in various streets of Srinagar on 22 and 23
August. During our interviews with individual families and with groups,
people voiced the same demand. A wide range of social and political
organisations have also reiterated this demand.



*2.  Use of curfew to create a confrontation*

Curfew was imposed from the evening of 11 August and again from the morning
of 24 August. The first time it was imposed hours after the security forces
opened fire at many places on an unarmed procession heading to the
Muzaffarabad border killing at least eight people. It was expected that
people would come out on the following day to protest against the killings.
Curfew thus became an instrument to prevent people from assembling and gave
security forces the power to use force against unarmed protestors.

The second time curfew was imposed with the express purpose of preventing
the dharna at Lal Chowk. The previous gathering at Idgah, where this dharna
was announced, had been peaceful. Therefore curfew became the means by which
a confrontation was created, which could have been easily avoided. The
clamping down on media and the brutal attacks on journalists happened while
the team was still there. Arrests of leaders, raids of homes and
intimidation of local residents by the army and CRPF are happening even now.
On 24th itself, our team issued an appeal to the central government to lift
the curfew to prevent loss of life.

* *

*3. Deliberate blockade of supplies from 24th August & its indifferent
handling *

While our team has not investigated the happenings in the Jammu region, its
impact on Kashmir has been confirmed through our interviews. Protests in
Jammu, which started from early July, took a more violent turn from the
beginning of August. This led to severe restriction on the movement of goods
and people on the Srinagar-Jammu highway and even into Punjab. Records at
the highway check points, as reported in the *Economic Times* (21.8.08),
confirm the substantial lowering of goods traffic in July and its worsening
in August. Shortages were created as a result: of oils and cooking gas in
the rural areas, of cereals and medicines in the urban areas. Given the
fears of Kashmiri transporters and drivers, the impact is far worse in
traffic moving out of Kashmir. This has led to substantial losses for fruit
growers as well as handicrafts and carpet manufacturers and transporters.
Fruit could be found rotting at many places and handicraft manufacturers
report cancellation of export orders for the ramazan season and fears for
the Christmas season. The team was told that till 23rd August, 80 % of the
trucks were not leaving the valley for fear of attacks and only some 15-20
trucks were able to carry the apples out of the valley after assurance of
safe passage from the government. The loss – over 75% of the fruits are
rotting in the Sopore mandi. In Seer Jagir, a village in Sopre tehsil, the
team met some small farmers with average land holding of 4-5 acres, which
produces on an average 3000 boxes of apples per anum. The 30 farmers in this
village reported that they have lost on an average Rs 2 lakh this season.
Therefore the total loss of this small village account to nearly Rs 60 lakh.
The government's lackadaisical attitude in ensuring supplies and its attempt
to deny the 'blockade' led to feeling of ill-will in Kashmir.



*4. Firing incidents (11-14th August) were unprovoked and aimed to kill*

The team investigated 15 cases of deaths that occurred on account of firing
by CRPF and JK police between 11 and 14 August. The actual death toll is
estimated to be above 30. The findings show a clear pattern: (a) The firings
were aimed to kill. This was evident from eye witness accounts which showed
that the firings were indiscriminate and aimed directly at the crowd. At
Paribal, near Bandipura town on 12th August the RR and JK police fired on
the crowd from above the hill where the 15 RR camp is located. (b) A large
number of deaths resulted from injuries in the abdomen, chest, head or upper
or lower back. The same was confirmed by hospital records. (c) In some
cases, as at Lasjen on 12 August, protesters were deceived into by an
assurance of allowing peaceful procession and then resorting to firing.
Three people were killed including one 50 year old woman and six others
received bullet injuries.

* *

*5.  Attacks on those Injured*

The total number of people injured in the period between 11 and 14 August is
not clearly established. However, at SMHS hospital alone, over 500 patients
were admitted in the same period. The team met families and those injured
and killed in the attacks. We were repeatedly told that the security forces
never tried to reach the injured to hospital. Worse, vehicles carrying
injured to hospital were routinely attacked. Hospital sources claim that a
number of ambulances were attacked. The same is confirmed by news reports
today and the health department has threatened to stop ambulance services
given the injuries received by ambulance drivers. Our team was told that in
Lasjen, even those carrying dead bodies back from the hospital were attacked
on 12th August. Elsewhere, in Bandipora the same was reported. The van
carrying Mehrajuddin Kakh, injured in the Bandipura killing on 12 August,
was attacked by CRPF and STF at Parimpora. Not only were the occupants
attacked, Mehrajuddin's thigh injury was brutalized by twisting a lathi in
it. He died the same night. Equally, Imran Ahmed Wani who was injured in the
Bagi Mehtab firing on 12 August was deliberately refused ambulance service
for nearly two hours. In fact, when he did get into one, it was attacked at
Rambagh Pul. He was declared dead on arrival at the hospital.

* *

*6.  Attack on the SMHS hospital, Srinagar*

What is unbelievable is the attack on SMHS Hospital on 11 and 12 August
successively. The SMHS hospital received the largest number of casualties.
When doctors were trying to conduct emergency operations at break-neck speed
in order to save lives, the Casualty was attacked with tear gas shells
followed by firing live bullets. The firing was again repeated on 12 August.
It is the dedication of doctors, paramedic staff, ambulance drivers and
timely arranging of bandages, gauze and cotton by the medical
representatives, at the risk of their own lives, that managed to save a
large number of lives. The doctors also confirmed that the help received by
the ordinary people in saving the lives of those injured was remarkable.
People helped the medical staff in transporting the wounded to the OT, aided
in tending treatment in the Casualty and arranged vans and ambulances to
carry them to the different hospitals in the city and elsewhere.

* *

*7.  Attacks on Funeral Processions*

Funeral processions were repeatedly attacked in many places as large numbers
of people marched with the bier to the graveyards. The team was told that
the funeral procession of Ishfaq Ahmed Kana, shot dead at Qamarwari Chowk,
Srinagar on 11 August, to the Idgah Martyrs Memorial was attacked by the
CRPF with lathis and rubber bullets. In Baghi Mahtab, Javed Ahmed Mir's
funeral procession was attacked and one person was killed in the firing.
Other protest demonstrations protesting against the killings were also
attacked. For instance, the protest demonstration following the shooting of
Owais Majeed Zarga in Rainawari, Srinagar on 12th August was attacked by the
Kashmir police stationed outside the office of the local MLA, Mhd Shahid.
Two boys were injured in the firing.



*8.  Raids and Attacks on Residents: *

During the evening of 13 and 14 August, security forces engaged in an
indiscriminate and large-scale attack on houses in localities close to the
firings, thrashing people and smashing window panes. At Safakadal, Srinagar,
residents showed how their houses were attacked by the CRPF. At Lasjen, JK
police and CRPF personnel entered houses to thrash people. Relatives were
forcibly prevented from accessing homes of deceased and women relatives at
the house of Imtiaz Rahim, who died in the firing, showed us the marks of
brutality at the hands of the security forces.

* *

*9. FIRs: Refusals and Distortions: *

In most cases, the families have not registered any FIRs against the
security forces as they fear going to the police station or that it would
invite further violence. Where families of those killed were able to go to
police stations after many days, they found that FIRs were already lodged
stating that the protestors attacked security forces who in turn were forced
to open fire. When families tried to get their version recorded, the same
was refused. Complaints are rejected. In the case of the Bagi Mahtab
killings where the families of the deceased (Javed Ahmed Mir and Imran Ahmed
Wani) were given a totally false version of the happenings in the FIR. When
challenged, the police said that the families must come ten days later with
4 eye witnesses to corroborate their story. This refusal even to receive
complaints is tantamount to making the security forces judges of their own
actions.



*10.  Present Curfew and Developments*

On 24 August, Kashmir was greeted by indefinite curfew when it woke up in
the morning. Within a few hours four media persons, on their way to office
had been badly beaten up at Rambagh by the CRPF. The identity cards and the
passes issued during the last phase of curfew presented by the journalists
were rejected. Mr. Bilal, bureau chief of Sahara Samay was admitted to the
Bone and Joints hospital and later to the SMHS hospital. By evening,
security forces opened fire in Dal Gate area killing one person and
critically injuring another. Homes of political leaders were raided and some
arrested. In the rural areas, the army threatened local imams, nambardars
and chowkidars on 24 August that they would be held responsible if people
dared to join the procession to Lal Chowk. Over the last two days, the
curfew has led to at least seven people being killed in firing by security
forces and over 275 injured in various parts of the Kashmir valley.

Essential supplies to Srinagar city, such as medicines, water tankers and
milk, have been blocked and this 'blockade' has been done at the instance of
the CRPF. The entire control of law and order in Srinagar city has also been
handed over to the CRPF and news reports have suggested that the local
police was also beaten up by the CRPF.



*CONCLUSION*

The investigation team is of the opinion that the firing, brutality, loss of
life was not only wholly avoidable but done deliberately. The disruption of
road traffic to Kashmir needed to be recognized by the government and
addressed. The resort to curfew after the firing on 11 August denied the
people a right to protest and be heard. Additionally, the curfew provided
the security forces the power to open fire with impunity. A number of
extremely inhuman crimes were committed by the security forces by denying
and obstructing medical aid to the injured, attacking the injured and most
seriously by launching an attack on the SMHS hospital. No existing law in
the country provides immunity to police and security forces for such crimes.
The lack of any action against these forces even where the crimes are
established by eye-witnesses and reported in newspapers, makes people lose
whatever faith in the government that may have remained after decades of
army rule. Despite these happenings, the people of Kashmir have shown
exemplary restraint and ensured that all processions and public gatherings
after the lifting of curfew remain wholly peaceful. This situation should
have been utilized to initiate political dialogue instead of the visit by
the National Security Advisor.

The imposition of curfew to prevent another such pre-declared peaceful mass
gathering can only be seen as an invitation to another bloody attack on
protestors and serves as a message to the people of Kashmir that the Indian
government would not tolerate peaceful and unarmed protest.



*WE DEMAND*

1.         Immediate lifting of the curfew and restoration of ample space to
people to peaceably collect and voice their demands.

2.         Criminal charges be registered against those responsible for
attacks on injured people, ambulances and hospitals as well as widespread
damage to houses.

3.         Peoples complaints concerning arbitrary and indiscriminate use of
fire by security forces be registered and the culprits brought to book.

4.         Law and order duties be immediately restored to the police in
Srinagar and all forces be made to work "in aid of civil power" as required
by law.

5.         The situation of the peaceful expression of peoples demands be
utilized to initiate a political dialogue, the political establishment is
duty-bound to do so when people in such large numbers are voicing these.













Harish Dhawan

Secretary, PUDR





For the fact-finding team from:



Peoples Democratic Forum (PDF), Karnataka

Andhra Pradesh Civil Liberties Committee (APCLC), Andhra Pradesh

Jammu Kashmir Coordination for Civil Society (JKCCS), Jammu & Kashmir

People's Union for Democratic Rights (PUDR), Delhi



---------------------------------------------------------------------------------------------
Peoples Union For Democratic Rights, Delhi (India) <http://www.pudr.org/>
(Peoples Union For Democratic Rights is a Delhi based organisation,
fighting for peoples rights in India for more than twenty five years now)

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