A/HRC/19/58
certain instances, non-combatant persons were extra-judicially executed following
detention, and labeled afterwards by the Government of India, and the authorities in Jammu
and Kashmir as militants who emigrated to Azad Kashmir in Pakistan to seek arms training.
It was reported that acts of oppression and violence towards presumed insurgents were
deemed as acts of service, which were rewarded and compensated.
269. It was alleged that security forces personnel selected local male residents or
professional gravediggers, usually those respected within the local community, and asked
that graves be prepared to bury the dead. The graveyards were constructed on local
religious or community owned or used land and dug by local residents at the coercion of
security personnel. In instances where the number of bodies brought by security personnel
exceeded the initial count given by security personnel, more than one body was buried in
each grave. The bodies examined were routinely delivered at night, and some of them were
bearing marks of torture and burns. Photographs of the dead were reportedly documented
by local police stations, while identification occurred through clothing and distinguishing
features or numbering.
270. According to the source, between April 2008 and November 2009, a total of 2,700
graves were examined by civil society organisations in three provinces, encompassing a
total of 55 villages. It was documented that in the Baramulla province 1,321 bodies were
found; in the Kupwara province 1,487 bodies were found; and in the Bandipora province
135 bodies were found. In 177 cases, a grave contained more then one body, resulting in the
discovery of more than 420 bodies. It was alleged that approximately 99 percent of those
buried were men. Gravediggers and caretakers were unable to give an exact number of
bodies, given the extent of defacement of some of them.
271. The source alleges that numerous exhumed bodies that were found in unknown graves
were identified as local inhabitants, both civilian and militant, who were victims of
extrajudicial executions. According to the source, it was found that civilian residents from
one geographic area in Kashmir were killed in another area and, at times, transferred to a
third area for burial. There are allegations that some people were killed in the state of
Gujarat in India, outside of Kashmir. It was alleged that security forces manufactured the
identities of victims and their records of weapons possession.
272. The source further alleges that the persons who were forced to bury the dead in
unmarked and unknown graves suffered psychological health impact as a consequence.
Also, it is reported that, in some cases, these graveyards are placed next to schools and
homes, impacting on women and children.
273. The Government has not responded to the general allegation during the reporting
period.
Information from the Government
274. The Government transmitted six communications to the Working Group.
275. In the first communication, dated 30 November 2010, the Government provided
information on one outstanding case, which was considered insufficient to lead to its
clarification.
276. In the second communication, dated 6 December 2010, the Government replied to the
prompt intervention letter transmitted on 21 July 2010, regarding the arrests and detentions
of Mr. Ghulam Nabi Shaheen and Mr. Mian Abdul Qayoom reportedly based on, inter alia,
their work on alleged human rights violations including enforced disappearances in
Kashmir. The Government reported that the individuals, who were involved in
secessionist’s activities and other acts highly prejudicial to the security of the State, were
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