The disappearance and killing of three youth from Rajouri in an alleged fake encounter in Amshipora, Shopian on 18 July is a reminder of the deeply entrenched structures of violence that are prevalent in Kashmir. The disappearance and killing of these three youth – whose families have maintained that these young men after reaching Shopian for work on 16 July, subsequently disappeared on 17 July. The families of these three young men have identified their loved ones through photographs of the ones who 62 Rashtriya Rifles claimed to have killed in an encounter on 18 July at Amshipora, Shopian. 

This crime is a continuation of the unaccountable nature of counter-insurgency measures taken by the Indian state in Kashmir for nearly three decades now. The case reveals that extra-judicial killings at the hands of armed forces is not an exception – as claimed by some, but a norm.

Over the last three decades, APDP and JKCCS have documented thousands of cases of enforced disappearances, extra-judicial killings and torture in Kashmir, including cases of civilians killed in fake encounters and passed off as militants. Two most prominent cases of fake encounters in recent times include that of Machhil fake encounter in 2010, Padroo case in 2006 and Pathribal fake encounter in 2000. In both these case, despite public pressure and order of probes, justice was not served to the victims. In all these cases, families of the victims exhausted the judicial remedies from the lower court to the Supreme Court of India, but perpetrators have not been punished.

While both the army and police have called for probe and investigations into the Shopian encounter where the Rajouri youth were killed, it remains unclear whether the probe by the perpetrators (army) will yield justice for the families of the victims. It is important to note that the encounter took place in the middle of COVID-19 pandemic, and as per media reports, was launched by Indian Army contrary to standard practice – where police, army and paramilitary forces jointly launch encounters to kill militants. The bodies of the trio were taken for burial hundreds of kilometres away to Baramulla, and no identification was made. While the police maintain that this is done to prevent the spread of the coronavirus, the failure of the police and authorities to hand over bodies of militants, who are mostly local youth, to the families is a violation of the religious rights of the families to offer funeral prayers for their slain kin and also further creates an atmosphere of lack of accountability. 

In the other encounters that took place in Kashmir, a similar practice was followed and no attempt was made to identify the bodies. The practice of not identifying the slain militants and refusal to hand over their bodies to their families raises the suspicion of staged encounters.

APDP and JKCCS believe that the cases of these three youth should be investigated by an independent international body, as previous probes ordered into similar cases have failed to bring the perpetrators to book. All encounter killings should be investigated for use of disproportionate force and other violations.

Spokesperson

APDP and JKCCS