Indian Illegally Occupied Jammu & Kashmir : Gross Human Right Violations, War Crimes, Heightened Militarization, A Narrative of Erasure : LFK’s Report – Part 02

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Islamabad : Legal Forum for Kashmir (LFK) has published biannual report on severe human rights violations and war crimes in Indian Illegally Occupied Jammu and Kashmir (IIOJK). The report sheds light on the first six months of 2024 (January-June) that saw a continued trend of state repression and counter-insurgency operations in the war-trampled region of  (IIOJK).
Here is the Part 2 of the report;
SOME INSTANCES OF ‘ATROCITY CRIMES’ PERPETRATED BY THE OCCUPYING FORCE SINCE JANUARY 2024
On 05th January, VDC member identified as Balwant Singh, son of Prem Nath, a  resident of Kharangal Gandoh Doda was found dead near his home. The VDCs have been accused of numerous human rights violations including dozens of extra judicial killings and rape cases.
On 15th April, Baramulla police in Indian occupied Kashmir booked 8 civilians under Public safety Act.
On 04th of May, an armed resistance group carried an attack on convoy of IAF killing one corporal and injuring four others.
On 10th june 2024, At least nine people were killed and 33 injured when a bus carrying Hindu pilgrims plunged into a deep gorge after a suspected militant attack in Reasi District of Indian Occupied Jammu and Kashmir. The attack came at a time Narendra Modi was taking oath as prime minister for a record- equalling third term.
On 29th june the first batch of hindu pilgrims began the annual Amarnath Yatra in the Kashmir Valley amid heightened security. Around fifteen thousand pilgrims took the journey on the first day from both the base camps in Baltal in Sonamarg and Nunwan in Pahalgam. Around 60-70 thousand troops have been deployed to secure the Amarnath Yatra routes in the Union Territory. Multiple security review meetings were held before the start of the Yatra to make sure that every nook and corner of the Yatra was fully sanitised and secured.
FREEDOM OF EXPRESSION, ASSOCIATION, ASSEMBLY, AND FREE MOVEMENT
Indian occupying authorities in IOJK continued to unduly restrict and cripple the Right of expression, association, free movement and peaceful gatherings. These measures disproportionately impact vulnerable communities, exacerbating their socio- economic conditions and inhibiting their right to education, healthcare, and livelihood opportunities.

Indian Illegally Occupied Jammu & Kashmir : Gross Human Right Violations, War Crimes, Heightened Militarization, A Narrative of Erasure : LFK’s Report – Part 01

RELIGIOUS FREEDOM
In any armed conflict or occupation, respecting religious convictions has been a
fundamental guarantee applicable to all persons. The Geneva Convention (GC) IV
impose a duty on occupying power to facilitate the religious rights of occupied
inhabitants without any distinction or impediment.
Further, the GC III also gives Chaplains & religious personnel equal protection as medical personnel and religious organisations are, under certain circumstances, equated to relief societies.
The occupying authorities in IOJK curb religious freedom on the pretext of a law- and-order problem. In the last six months, the local administration barred Kashmiri Muslims from offering Eid prayers in the historical Jamia mosque and Eidgah.
Recently, on 30th of June 2024, a joint team of Jammu and Kashmir police and revenue officials in Kathua district tried to dismantle the mosque early morning with four bulldozers allegedly built on government land. The government officials also make an attempt to desecrate the holy books.

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ARBITRARY DETENTIONS UNDER PSA AND UAPA
Government of India is making a mockery of its human rights commitments and Justice system by denying Kashmiris a free space to decide their future, jailing political leaders, and suspending basic freedoms. Several thousand Kashmiris, including politicians and opposition activists, were arbitrarily detained under preventive detention law on August 5, 2019, when the Indian Parliament unilaterally abrogated the semi-autonomous status of disputed territory.
The occupying authorities detained nearly 4,000 people, including supporters of political parties, separatist leaders, lawyers, journalists, and people who allegedly had records of participating in violent protests. There have been serious allegations of torture and beatings. Many detainees have not been allowed to contact their families or lawyers.
In the first six months of 2024, Torture & ill-treatment remained rile in detention centers of IOJK and High-security cells designed for Kashmiri prisoners outside Jammu & Kashmir Jails.
A total 108 Kashmiris were booked under the Lawless Public Safety Act, and more
than 657 were arrested on different criminal charges.
The Kashmiri prisoners languishing in Indian jails have become more vulnerable due to the ongoing heatwave in most parts of North India. The heatwave has so far claimed around 275 lives, with numbers growing exponentially as temperatures in Delhi reportedly reached 127.22 degrees Fahrenheit, marking the highest ever recorded in India.
Almost a hundred Kashmiri political prisoners are currently incarcerated in New
Delhi’s Tihar jail for their pro-freedom activism and advocacy for Kashmiri’s right to
self-determination. A family member of a 62-year-old Kashmiri political prisoner,
named Asiya, stated, “Our people’s skin is peeling off in the heat of Tihar (jail). They
keep towels dipped in water on their heads to survive. High voltage bulbs are kept on
all day that also emit additional heat and you are not allowed to turn them off.”
Kashmiri political prisoners are at a higher risk as their bodies are not acclimatized at
all to the climate of India. It is evident that the state’s incarceration of Kashmiri
political prisoners in such an environment that is hostile to their bodies, and then the
denial of any relief to them, is a systematic way of torturing them. In the words of a
family member of an incarcerated Kashmiri political prisoner, “This is India’s
weaponization of climate change against Kashmiri prisoners.”

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THE NIA’S DISTURBING TACTICS IN KASHMIR
Amidst the haunting backdrop of Kashmir’s relentless turmoil, a grave concern casts
its ominous shadow over the region. The National Investigation Agency (NIA), has
been wielded as a weapon to target Kashmiris and orchestrate a web of false charges.
This orchestrated campaign perpetuates an atmosphere of fear and injustice, silencing
those who dare to advocate for self-determination, human rights, and justice.
The NIA has been systematically suppressing dissent, branding legitimate expressions of
apprehension as acts of sedition or terrorism. This misuse of power intensifies the
suffering of Kashmiris, undermining the very fabric of justice and extinguishing the
hope for a resolution of the Kashmir dispute.
In the first six months of 2024, the National investigative agency continued its
crackdown on Kashmiris, arresting thousands including resistance activists, common
people, journalists, religious scholars and academicians. The NIA & SIA have
attached 76 properties including residential houses, Agricultural Land, shops, poultry
farms and cars across IOJK in the last six months.
LIST OF NIA AND SIA RAIDS
In recent months, the State Investigation Agency (SIA) and the National
Investigation Agency (NIA) along with Jammu and Kashmir Police have intensified
raids in different parts of Indian occupied Jammu and Kashmir. These numerous
raids across the region, targeting individuals and locations suspected of involvement
in pro freedom activities.
These operations highlight the ongoing battle against civilian masses in IIOJK and the measures taken by the Indian authorities to disrupt peace in disputed territory. The NIA, SIA along with Jammu and Kashmir police conducted at least 70 raids on different location in different cases.
On February 2, the SIA conducted raids at five locations in Srinagar and Delhi,
focusing on an investigation into a fake and false so called terror funding case.
Shortly after, on February 7, the SIA carried out raids across multiple locations in
South Kashmir related to the 2016 unrest cases. Among the raided locations was
the residence of Sarjan Barkati, a significant figure in the mass agitation
against India in 2016.
These actions were followed by another operation on February 10, when the NIA searched 15 locations in Kulgam and Srinagar in connection with a terror funding case involving Jamaat-e-Islami Jammu and Kashmir[16], which was declared an unlawful association under the Unlawful
Activities (Prevention) Act.
On February 15, the SIA raided 18 locations in Srinagar. The operations
continued in March, with significant raids conducted on March 15 across seven
locations in Jammu province. These searches, which took place in Doda, Reasi,
Ramban, and Jammu districts, were part of an investigation into a Pakistan-
backed terror conspiracy. The following month, on April 22, the NIA carried out
raids at nine locations in Kashmir, including Srinagar, furthering its investigation
into a terror conspiracy case.
In May, the intensity of the operations increased. On May 11, the NIA searched
six locations across Jammu province, including Doda, Ramban, and Kishtwar
district[18]. Just days later, on May 14, the SIA conducted searches at 11 locations
in Anantnag, Kulgam, and Shopian districts, targeting terror funding activities.
On June 8 2024, SIA conducted a search at the residence of Ahmadullah Malla in
the Nawab Bazar area on 11 year old case. The SIA officials also seized of various
materials and documents.

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RREST OF ADVOCATE MIAN QAYOOM
Mian Abdul Qayoom, former president of the Jammu and Kashmir High Court Bar
Association, was arrested by the State Investigation Agency (SIA) on 25th June and
sent to police custody till July 1 by orders of a special court in connection with the
2020 murder conspiracy of fellow advocate Babar Qadri.
Before his death, Qadri had posted a video on Facebook where he criticised Qayoom for his political activities within the Bar Association. In the video, Qadri accused Qayoom of using threats and coercion to influence Bar politics since 1990, calling for integrity and dignified
political conduct.
Police had registered a case at Lalbazar Police Station for murder under section 302 of
IPC, 7/27 of the Arms Act and sections 13, 16, 18, 20 and 39 of the Unlawful
Activities Prevention Act (UAPA). A Special Investigation Team (SIT) had been
formed to investigate the killing.
The case was later taken over by the State Investigation Agency, and in 2023, it announced a reward of Rs 10 lakh for any person providing information that leads to the killers of Qadri.In August 2022, Jammu and Kashmir Police carried out raids at the residences of three lawyers,
including Mian Abdul Qayoom in Srinagar as part of the probe.
The Srinagar Police in their statement said the searches were carried out given “certain new evidence” that has turned up and that they “have the potential to unravel the conspiracy part in the killing”. The statement added that Digital devices, bank statements, property sale
agreements, ‘suspicious books’ and other relevant material were seized during the
searches.

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