Long Road to Justice for Army Murders in Kashmir Slug: India Kashmir court case Reporter: Bismillah Geelani

Date: 15/05/2012 INTRO 12 years ago !i"e men #ere $illed in %athri&al 'illage in Indian(administered Kashmir) *!!icial reports stated that military o!!icers #ere caught in a gun !ight and had &lo#n up the hut #here the !i"e men #ere hiding) +he &odies #ere &uried #ithout any post(mortem e,amination) But a!ter a !i"e(year in"estigation India-s .entral Bureau o! In"estigation told the Supreme .ourt the !ight #as staged and had resulted in the deaths o! !i"e innocent "illagers not militants as originally claimed) /ollo#ing the court ruling the Indian 0rmy is under pressure to try its o!!icers in a military or ci"il court) 0s Bismillah Geelani reports the case also sheds ne# light on a draconian Indian la# that grants military o!!icers legal impunity) TEXT S/1( Khan Spea$ing2 %lay and &ed under narration Rashid Khan #as 23 years old #hen his !ather 4uma Khan #as $illed &y the Indian 0my in %athri&al 'illage in South Kashmir) 12 years later he is still searching !or 5ustice) Khan .6I% 1 7 8069 :RD: ; <+here-s no&ody to hear us out to tell us #hy an innocent person #as &rutally $illed and #hy there hasn-t &een any accounta&ility !or this) 0!ter all these years I !eel #e ha"e &een pleading !or 5ustice not in !ront o! human &eings &ut in !ront o! stones and stones can-t hear you)= >is !ather #as one o! !i"e "ictims $illed &ac$ in 2000) Se"eral days &e!ore the shooting o! his !ather !oreign militants #ere accused o! massacring 3? Si$hs in another "illage in South Kashmir) GD Ba$hshi is a !ormer army o!!icer #ho ser"ed in Kashmir during that period) Ba$hshi .6I% 1 7 8069 9@G6IS> ; <+he 6ash$ar(e(+ayyi&ah carried out the massacre o! 3? Si$hs on that night in the "illage o! .hattisinghpora) +hey #ere suspected o! passing on in!ormation to 0rmy !or their operations)=

+he &odies o! the !i"e men $illed a!ter the Si$h massacre #ere then paraded &e!ore the national and international media) +he Indian 0rmy claimed the &odies &elonged to mem&ers o! 6ash$ar(e(+ayyi&a a &anned %a$istani militant group and had &een $illed in a gun !ight) But the "illagers didn-nt &uy it and demanded the &odies &e properly identi!ied) +he go"ernment !inally agreed and a!ter se"eral #ee$s D@0 tests con!irmed they #ere all local "illagers A not !oreign militants as originally &elie"ed) +he go"ernment then ordered the .entral Bureau o! In"estigation or .BI to loo$ into the case) +he .BI spent !i"e years in"estigating the case and concluded that army o!!icers had $illed the !i"e innocent "illagers in a staged shoot out) 0sho$ Bhan is a la#yer #ith the .BI) Bhan .6I% 1 7 8069 9@G6IS> ; <+he peculiar situation in this case #as that these 5 guys #ere pic$ed up and they #ere $ept in illegal custody !or the night and in the morning o! the !ate!ul day they #ere ta$en to a place and $illed in cold &lood that-s #hat the in"estigation re"eals and that-s #hy the .BI instructed me to say "ery &oldly in the court that it #as cold &looded murder)= But the .BI can-t prosecute any o! the army o!!icers &ecause they-re granted legal immunity under India-s 0rmed /orces Special %o#er 0ct) It-s considered a draconian la# that gi"es e,traordinary po#ers to Indian security !orces !ighting in con!lict areas such as Kashmir) 'rinda Gro"er is a human rights la#yer) Gro"er .6I% 1 7 /98069 9@G6IS> ; <+he 0rmed /orces Special %o#ers 0ct reBuires a sanction !rom the central go"ernment in order to prosecute any&ody !rom the armed !orces) But the sanction is not gi"en &y the home ministry) It-s not only true !or !a$e encounters) In the case o! en!orced disappearances they ha"e identi!ied through enBuiries and named some o!!icers &ut no&ody has &een tried) +his case has no# &een pending !or 20 years &ut the sanction does not come) 0 sanction is reBuired &y the 0/S%0 #hich is actually almost amounting to an e,ecuti"e inter!erence in the administration o! 5ustice inso!ar as the armed !orces police personnel or pu&lic ser"ants are concerned)= But earlier this month the Supreme .ourt inter"ened and ordered the army to decide #hether o!!icers accused o! this <staged $illing= should &e tried in a military or ci"ilian court) +he 0rmy is e,pected to announce their decision &y the end o! the month) It-s a ma5or step !or#ard says 05ay Shu$la de!ense editor !or Indian daily ne#spaper the Business Standard)

But Shu$la is s$eptical the 0rmy #ill allo# soldiers to &e tried in a ci"il court) Shu$la .6I% 1 7 8069 9@G6IS> ; <+he army does not &elie"e that the 5udicial system in 4ammu and Kashmir is capa&le o! gi"ing a !air trial to their men that-s #hy they pre!er to ta$e the court martial route) I! youCd seen la#yers you $no# the Kashmir B0R 0ssociation you $no# it-s entirely separatist orientation any army soldier put on trial in the 4ammu and Kashmir 5udicial system is &eing thro#n to #ol"es and the army #on-t allo# that)= /amilies o! the "ictims say that !or 5ustice to &e ser"ed the 0rmy o!!icers must &e tried in an openly monitored ci"ilian court) +ariB 0hmad #ho lost his teenage &rother in the staged $illing says he doesn-t trust the 0rmy) 0hmad .6I% 1 7 8069 :RD: ; <+he court martial is 5ust a circus) +hey #on-t punish any&ody) De ha"e seen #hat they ha"e &een doing all these years) +hey #ould 5ust trans!er the o!!icers and !orget a&out it) +hey ha"en-t punished any army man and they #on-t e"er do it)= International human rights groups ha"e e,pressed concern the 0rmy may use its court to a"oid prosecution) Khurram %ar"eE is a mem&er o! a human rights group called the 4ammu and Kashmir .i"il Society .oalition) >e says the only #ay to protect human rights is to end the 0rmy-s impunity under the 1F5G 0rmed /orces Special %o#er 0ct) %ar"eE .6I% 1 7 8069 9@G6IS> ; <+hese human rights "iolations ha"e ta$en place &ecause o! la#lessness and not &ecause o! la#s) So the pro&lem really is the political impunity that has &een there) +hat has to end) I! the go"ernment o! India and the go"ernment o! 4ammu and Kashmir are serious enough then they ha"e to thin$ in a holistic manner to end impunity)= .alls to a&olish the act are !inally &eing heard &y those in po#er) 6ast 0pril the Indian >ome 8inister suggested three amendments to the la# and called !or .a&inet .ommitee on Security to seriously consider the changes) But claiming their actions are 5usti!ied in con!lict Eones the 0rmy is e,pected to put up a !ight to the proposed amendments) /rom @e# Delhi this is Bismillah Geelani !or 0sia .alling)