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A delegation of the Jammu and Kashmir Hgh Court Bar Association Srinagar met his Excellency Cristof Heyns U. N. Special Rapporteur

A delegation of the Jammu and Kashmir Hgh Court Bar Association Srinagar comprising of President Mr. Mian Abdul Qayoom, Vice President Mr. B. A. Dar, General Secretary Mr. G. N. Shaheen, Joint Secretary Mr. M. Ashraf Wani, Senior Advocate Mr. Z. A. Shah, Advocate Mr. Z. A. Qureshi, Advocate Mr. Manzoor Ahmad Dar, Advocate Mr. Bashir Sidiq led by Mr. Mian Abdul Qayoom met his Excellency Cristof Heyns U. N. Special Rapporteur and apprised him of the Human Rights and Political situation of J&K with special reference to the tragic events of extra-judicial killings of minors in the year 2010 and 2011. The peculiar aspects of the presentation made by the lawyer’s delegation are contained in the enclosed memo.

His Excellency
Christof Heyns
UNITED NATIONS SPECIAL RAPPORTEUR

The Jammu and Kashmir High Court Bar Association welcome your Excellency to Kashmir for and on behalf of the members of the Bar Association and in particular on behalf of the victims of 2010 killings at the hands of Indian Security Forces in Kashmir. Bar Association feels your fact finding mission on collective situation of Jammu and Kashmir in general and 2010 innocent teenage killings as an important occasion with a sense of belief that your Excellency may have impartial, analytical and scientific observation of tragic events that have been witnessed at various stages in past 21 years especially the events of 2010 which are marked by worst kinds of Human Rights abuses in the history of Jammu and Kashmir.
The dispute on Jammu and Kashmir is basically a political dispute rooted in the history of sub-continent which involves the people’s right to self-determination for dispensation of the future status of Jammu and Kashmir in accordance with the wishes and aspirations of the people of Jammu and Kashmir in due regard to the relevant UN Security Council Resolutions on Jammu and Kashmir adopted by the Security council on the motion of Govt. of India in agreement with the Govt. of Pakistan. The tragic events marked by death and destruction, human sufferings and perpetuation of Human Rights Abuses is a consequence of denial of people’s right to self-determination by the Govt. of India. In past 65 years of the Kashmir dispute more than 0.6 million people have been killed under State repression for their political beliefs and cry for justice.
Killings of 2010 (A.D.) mark a new phase of genocide policy of Govt. of India in Jammu and Kashmir to suppress the freedom struggle and eliminate fourth generation which comprise of teenagers. It started in the month of October 2009, with the killing of 11th class student namely Anayat-ul-lah Khan of Dalgate Srinagar at Lal chowk Srinagar who was going for tuition, followed by the killing of 8th class student namely Wamiq Farooq on 31.01.2010 near Gani memorial Cricket Stadium in the down town area of the Srinagar city. Within a span of three days another 11th class student namely Zahid Farooq was killed by the Commandant of B.S.F. on 03.02.2010 on the banks of dal lake at Brian Nishat Srinagar. The teenage killings had no end and in the month of May 2010 one more school going boy namely Tufail Ahmad Mattu of Saida Kadal Srinagar was killed in the same locality. This event marked strong public protests against innocent killings and the Govt. of India and its Security Agencies continued with the policy of State Repression marked by more than 138 innocent killings among whom more than 90% were teenage boys and random arrests of innocent people including the large number of teenagers/minors who were detained in Preventive Detention under J&K Public Safety Act and removed to far flung Jails more than 400 Kms away from their homes. The details of these killings are known to all the Jammu and Kashmir High Court Bar Association feels it appropriate to bring it to your notice, submit the same to refresh the memories of these tragic events for seeking justice. These killings, random arrests since the beginning of 2010 need an independent and impartial probing with a purpose to bring the culprits/perpetrators of crime to justice. These killings to the legal prudence of the lawyers are a result of well-planned policy of genocide, the offences committed by the security agencies essentially come under the ambit of crimes against humanity i.e., genocide, war crimes, ethnic cleansing whereby a particular group of resistance is suppressed by most inhuman approach i.e., extra judicial killings and extra judicial detentions. At state level all these killings are neither investigated by the investigating agencies nor the perpetrators are being brought to justice. The arrests of minors is an unabated phenomena and the judicial process for their release is subverted by the other wings of the state and all these unjustified detentions have led fear psychosis in the students community which directly effects their educational career and mental ability. The intelligentsia is under constant fire at the hands of the state authorities which is marked by one symbolic instance that the president and General Secretary of the J&K High Court Bar Association are detained and incarcerated for raising their voice against injustice taking place in the state and seek protections to the victims. The Jail conditions are inhuman and in contravention of the International norms and socio-political conventions.
The people of Jammu and Kashmir appreciate the efforts of United Nations in highlighting the human sufferings of the people of Jammu and Kashmir in its 2011 Human Rights Report and equally feel encouraged by your present visit with a sense of belief that the UN efforts may lead to the reduction of human sufferings in this part of the globe and peaceful and permanent solution of the Kashmir dispute in accordance with the UN resolutions on the basis of universally recognized and acknowledged principle of people’s right to self-determination.

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