Press Release

Statement KONTRAS and IKOHI
On
Involuntary disappearance in jammu and khasmir, india

H. E. H. K. Singh
Ambassador Embassy of the republic of India
Jl. H. R. Rasuna Said S-1, Kuningan
Jakarta 12950
Telp. No : 62-21-5204152, 52632033

Dear Mr. H. K. Singh

Warmest Greetings

On this occasion, Kontras (Commission for involuntary disappearance and victims of violence) and IKOHI (Indonesian Association of the families of disappeared people) as well as behalf of AFAD (Asian Federation Against Involuntary Disappearance) would like to send solidarity message on Hunger Strike, is done by families and APDP (Association of Parents of Disappeared Person) in India.

On the hunger strike, teh families and APDP urge the Indian goverments responbility to resolve the enforced disappearance cases since 1989 and to stop the acts of involuntary disappearance is still going on. According to APDP, no less than new Chief Minister of the state of Jammu and Khasmir, Mufti Muhammad Sayeed informed the state Assembly in Jammu that 3,744 persons are missing between 2000 to 2002, 1,533 of whom disappeared in 2000, 1,586 disappeared in 2001 and 605 disappeared in 2002. These figures do not include a number of undocumented others. According to Amnesty International, 26 “disappearances” have been perpetrated in Jammu and Khasmir since November 2002.

Since 1989, different regimes have taken over the reigns. And, since 1986 two civilians goverments have been at the helm of the affairs but nothing on ground has changed. The present goverment which made human rights an election plank and promised people that human rights violations would be stopped at any cost and the perpetrators would be punished according to their Common Minimum Programme (CMP). It is customary taht every new goverment blames previous governments for disappearances in the state and practically all teh governments have shown indifference, confronting more than two hundred thousands relatives of desaparecidos, although the politicians and bureaucrats informally have expressed serious concern over the alarming number of missing persons but the have also express their helplessness in this behalf.

According to Amnesty International, despite election promises to order an afficial enquiry into “disappearances” whicw have taken place in the state, the government has recently stated that Jammu and Khasmir State Human Rights Commission (J&KSHRC) will instead invetigate all outstanding cases. The government has committed itself to strengthening the J&KSHRC to enable it to undertake this task but Amnesty International believes that the Commission remains unable to fully pursue cases of “disappearance” as it is unable to order prosecutions against members of the scurity forces without prior sanction from the Home Ministry of the Govenment of India. To date this saction has been rarely given.

We concern that involuntary disappearance is a crime against humanity, like state in the Declaration of human rights and International convention on civil and political rights. As a crime against humanity, the involuntary disappearance is an extraordinary crime, not only as an ordinary crime. It means that the responsibility is on the state.

Departing from such matters, we urge the Indian government to :

(1). Stop the enforced disappearance in J&K so that other people should not udergo the similiar plight and trauma they are ficing.

(2). Punish the prepetrators responsible for enforced disappearances under no law the disappearances could be an official act under any circumstances not even permissible in war times. It would only end if prepetrators are held personally responsible and seek no protection under the cover of impunity laws.

(3). Appoint the commission to probe into all enforced disappearances (as has been donein the other countries) in J&K state, since sejak 1989 and identify the state and non-state actors responsible for EID.

(4). Provide justice to relatives of the disappeared persons according to the intenational standards.

Jakarta, April 24, 2003