A/HRC/16/48
226. On 20 August 2010, the Government transmitted information on two cases that was
considered insufficient to clarify them.
227. On 7 October 2010, the Government transmitted information on one case that was
considered insufficient to clarify it.
Information from sources
228.
Information was received from sources concerning one outstanding case.
Clarification
229. Following the information provided by the source, the Working Group decided to
clarify one case.
230. Following the expiration of the period prescribed by the six-month rule, the
Working Group decided to clarify one case.
Prompt intervention
231. On 29 July 2010, the Working Group, jointly with three other special procedures
mechanisms, sent a prompt intervention letter to the Government 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.
General allegations
Reply from the Government
232. On 28 December 2009, the Government replied to a general allegation sent on 22
July 2009 (A/HRC/13/31, paras. 267-268) concerning the alleged failure by the
Government of India to address instances of enforced disappearances in the region of
Kashmir, stating that it has examined the communication and found the allegation
contained therein to be inaccurate.
233. The Government further indicated that despite continuing cross-border terrorism in
which hundreds of innocent people in Jammu and Kashmir have been killed and maimed,
and despite continuing provocations, the security forces continue to exercise their utmost
restraint because of the Government’s emphasis on human rights protection and the adverse
impact that human rights violations by security forces can have on the work being done by
them in countering terrorism in the State. The Government noted that, at the administrative
level, there are institutional mechanisms at the national and State levels to safeguard the
fundamental rights enshrined in the Constitution as well as statutory bodies at various levels
to address allegations of human rights violations. In addition, the Government stated that
there are extensive sensitization programmes for the security forces deployed in the State
and that it has a memorandum of understanding with the International Committee of the
Red Cross to visit detainees arrested in connection with terrorism in Jammu and Kashmir.
The Government further stated that, at the judicial level, the independent judiciary acts as a
check on the Executive Power and has the power to order investigations. As an indicator of
the Government’s commitment to human rights and its measures to check cases of
delinquency and dereliction of duty, 220 police, army and special forces personnel have
been punished to date.
234. The Government also noted that a large number of disappearances have been
perpetrated by terrorists who have, while masquerading as security personnel, abducted
individuals to settle personal scores or force them to join their ranks. The latter are often
58
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