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INDIA: Random firing upon civilians in Kashmir

August 30, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-122-2010

August 30 2010
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INDIA: Random firing upon civilians in Kashmir

ISSUES: Impunity; state violence; police brutality
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from credible sources in Jammu and Kashmir concerning the arbitrary shooting of civilians by the security forces stationed in that state. It is reported that the Central Reserve Police Force (CRPF) stationed in the state often fires small projectiles at civilians while engaging in patrol duty so as to force the civilians stay indoors. In one such incident reported from Tarzoo Sopur at least 26 civilians have been injured including a 15-year-old boy, Danish who is feared to permanently loose his sight in his left eye after being hit by a projectile.

CASE DETAILS:

The AHRC has received information from credible sources from Srinagar, that on August 19, the CRPF while on patrol duty at Tarzoo Sopur in Baramulla district started firing randomly at civilians in an attempt to force the civilians remain indoors. The officers fired at random into alleyways and on the main street, using rifles loaded with cartridges that could fire several small, but high velocity projectiles, like those fired from a 12 gauge shotgun. It is reported that at least 26 persons were injured in the firing, of which one is 15-year-old Danish Ahmad Shiekh who was hit when he was returning from the local mosque after offering prayers.

It is reported that four small projectiles hit Danish; one his forehead, two on his back and one in his left eye. Danish was taken to Sher-i-Kashmir Institute of Medical Sciences (SKIMS) in Srinagar, where he is currently undergoing treatment. The doctors treating him has reported that it is unlikely for Danish to regain sight in his left eye, which was hit and injured badly by a small projectile. Danish is a student at the Government School Takiabal, in Sopur.

In addition to Danish's case, reports from Kashmir show an alarming situation of several persons having suffered injuries in their eyes or on their face in similar incidents. Medical doctors have accused the security agencies for using shotguns and shotgun projectiles for crowd control, for the injuries these projectiles cause are complicated and often several in number upon the persons coming in the line of firing. It is reported that the injuries created by these projectiles are serious enough to cause permanent damage to human organs and sometimes even death. Firing from shotguns or the use of shotgun projectiles is a negligent form of crowd control since projectiles exiting the gun barrel spreads into a large area and travel at high velocities hitting targets that are not intended to be hit.

It is alleged that none of these incidents are investigated, at least to identify under what circumstances did the security agencies fire shots at civilians thereby injuring them. In most cases the victims do not prefer to file complaints due to the fear of adverse and sometimes fatal repercussions from the security forces against the complainants and their families. In some earlier cases where complaints were made, either the complainants were illegally arrested, charged with fabricated charges and severely tortured or extrajudicially executed; or they disappeared and now feared dead.

SUGGESTED ACTION:

While further details are awaited regarding the incident above, we request you to intervene in this case. The AHRC requests you to write to the authorities named above seeking an intervention in the case. The incident must be investigated guaranteeing the participation of trusted civil society groups. Danish must be offered the best treatment the country can provide and the expenses covered by the government. The officers responsible for the firing must be prosecuted and until then the officers kept away from active duty.

The AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment requesting for an intervention in the case.

SAMPLE LETTER:

Dear __________,

INDIA: The Tarzoo Sopur firing incident must be investigated

Name of victim:
Danish Ahmed Sheik, aged 15 years, student of Government School Takiabal, Baramulla district, Jammu and Kashmir

Names of alleged perpetrators: Officers from the Central Reserve Police Force, stationed in Baramulla

Date of incident:19 August 2010
Place of incident: Tarzoo Sopur

I am writing to voice my concern regarding the case of 15-year-old Danish, a student of Government School Takiabal, who was shot in his left eye by the Central reserve Police Force (CRPF) operating in Baramulla district.

It is reported that on August 19, the CRPF while on patrol duty at Tarzoo Sopur area in Baramulla district started firing randomly at civilians in an attempt to force the civilians remain indoors. The officers allegedly fired at random into alleyways and on the main street in which Danish Ahmad Shiekh, who was reportedly returning from the local mosque after offering prayers, was also hit.

It is reported that four small projectiles hit Danish; one his forehead, two on his back and one in his left eye. Danish was taken to Sher-i-Kashmir Institute of Medical Sciences (SKIMS) in Srinagar, where he is currently undergoing treatment. The doctors treating him have reported that it is very unlikely for him to regain sight in his left eye, which was hit and injured badly by a small projectile. Danish is a student at the Government School Takiabal, in Sopur.

I am informed that in addition to Danish's case, reports from Kashmir show an alarming situation of several persons having suffered injuries in their eyes or on their face in similar incidents. I am informed that the medical doctors have accused the security agencies operating in the state for using shotguns and shotgun projectiles for crowd control. It is reported that the injuries created by these projectiles are serious enough to cause permanent damage to human organs and sometimes even death. I am of the opinion that firing from shotguns or using shotgun projectiles is a negligent form of crowd control since it can hurt targets that are not intended to be hit.

I am concerned to know that none of these incidents are investigated, at least to identify under what circumstances did the security agencies fired shots at civilians injuring them. I am informed that in most cases the victims do not prefer to file complaints due to the fear of adverse and sometimes fatal repercussions from the security forces against the complainants and their families. It is alarming to know that in some earlier cases where complaints were made, either the complainants were illegally arrested, charged with fabricated charges and severely tortured or extrajudicially executed; or they disappeared and now feared dead.

I therefore request you to intervene in the case.

Danish and his family must be immediately provided protection. The statement of the witnesses to the incident as well that of Danish must be recorded by a judicial magistrate, in their residences. The magistrate recording the statement must do so without the presence of security officers or even the local police. Based on the statements, the incident must be investigated guaranteeing the participation of trusted civil society groups.

Danish must be offered the best treatment the country can provide and the expenses covered by the government. The officers responsible for the firing must be prosecuted and until the prosecution is over the officers kept away from active duty.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

 
1. Mr. Omar Abdullah
Chief Minister of Jammu and Kashmir 
Srinagar, Jammu and Kashmir 
INDIA
Fax: +91 194 2452224

 

2. Mr. Vikram Srivastava (IPS)

Director General

Central Reserve Police Force

Block Number 1, CGO Complex

Lodhi Road, New Delhi

INDIA

Email: dg@crpf.gov.in

 

3. Chairperson

State Human Rights Commission

Dawn Building

Dalgate, Srinagar-119001

INDIA

 

4. Inspector General of Police

Government of Jammu and Kashmir  

Srinagar, Jammu and Kashmir  

INDIA

 

 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-122-2010
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.