‘Set-up Inquiry Commission to Investigate Kashmir Disappearances’

Srinagar: APDP wel­comes the recent order of Jammu and Kashmir High Court directing the constitu­tion of a Special Investigating Team [SIT] into the disappear­ance of five labourers of Sang Liana, Surankote, Poonch from Srinagar on June 13, 2005. The victims identified as (1) Mohammad Javaid Gojar, 22, son of Mohammad Sadiq, (2) Mohammad Rafi Gojar, 15, son of Mohammad Aslam , (3) Abdul Majeed Gojar, 24, son of Fahad Hussain, (4) Mo­hammad Mushtaq Gojar, 22, son of Mohammad Bashir and (5) Mohammad Mustaq Gojar Kohli, 19, son of Syed Moham­mad, had come to Srinagar for Labour work and were stay­ing in Dalgate area, where from one person namely Abdul Qayoom Baba, work­ing for JAK Rifles, through his accomplices lured the five victims for labour work and paid them rupees 1000 in advance. Since then nothing traced out about their where­abouts. However, the accused Abdul Qayoom was detained by police but due to the in­tervention of some high ups from police and army, he was released. Now the recent or­der from the High Court once again provided hope to the vic­tim families that the matter will be investigated and the whereabouts of the five miss­ing youth will be ascertained, an APDP Spokesman said.

The spokesman said in a statement said “Since more than 8000 persons have been subjected to enforced or in­voluntary disappearances in Jammu and Kashmir, but so far the government has failed to conduct an impar­tial investigation into these cases and the perpetrators continue to enjoy impunity. Further, the government of India has not ratified the In­ternational Convention for the Protection of all Persons from Enforced Disappear­ance, not allowed the UN Working Group on Enforced or Involuntary Disappear­ances to visit India, and to date, the crime of enforced disappearance is not recog­nized by India under its do­mestic laws. Alleged perpe­trators of crimes of enforced disappearance and other abuses are not investigated or prosecuted. To date, the government has ensured ab­solute impunity, as not single armed forces personnel has been prosecuted for crimes committed in Jammu and Kashmir. The perpetrators are protected and rewarded. The victims and the crime dismissed and ignored.”

He said,in many Asian countries, like Srilanka, Ne­pal, Philippines, Indonesia, Pakistan, etc. where enforced disappearances remain a phenomenon, the respective governments have consti­tuted Commissions, adopted legislation to look into the cases of enforced disappear­ances, but amid the claims of being world’s largest de­mocracy the government of India has failed to initiate any such process to inquire into the cases of enforced dis­appearances or involuntary disappearances. Unlike past, the government must ac­knowledge the phenomenon of enforced disappearances in Jammu and Kashmir and must set up an independent impartial inquiry commis­sion to conduct comprehen­sive investigations into all the cases of enforced disap­pearance, bring the perpetra­tors to justice and reveal the whereabouts of more than 8000 disappeared persons of Jammu and Kashmir.

APDP once again reminds in a statement the Govern­ment of India of its responsi­bility to carry out comprehen­sive forensic investigations of 7000+ unknown, unmarked and mass graves in Jammu and Kashmir under the su­pervision of an international forensic institution. Thor­ough investigations, includ­ing DNA tests and forensic examinations, of all those buried in unmarked graves, would help in ascertaining the identities of these uniden­tified persons and the process may also help us in finding the answers to the questions of the family members of the disappeared, who have been struggling to know the truth from more than two decades.

He said that association will continue to its struggle against the practice of enforced disappearance in Jammu and Kashmir and will continue its demands for truth, justice, and reparations for the thousands of victims of enforced disap­pearances and their family members who have been await­ing justice from decades now.

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