Civilian population in IOJK faces horrendous situation under prolonged Military Occupation: LFK Bi-Annual report (January-June 2023) documents series of ‘Atrocity Crimes’

ISLAMABAD, July 06 (SABAH): The Legal Forum for Kashmir (LFK) released its bi-annual report, titled “Human Rights Situation in Indian Occupied Jammu & Kashmir (IOJK): January to June 2023.” The report aims to shed light on the ongoing human rights situation in the Indian-Occupied Jammu & Kashmir (IOJK) during the first half of 2023. It presents an in-depth analysis of various human rights issues, including but not limited to, the impact of heightened militarization on civilian populations, restrictions on freedom of expression and assembly, arbitrary detentions, extrajudicial killings, and the use of excessive force by Indian Occupying Forces (IOF).

According to the LFK bi-annual report, the first six months of 2023 January-June saw a new trend of state repression and counterinsurgency operations in the war-trampled region of IOJK. On the ground, the violations of International Human Rights law (IHRL) and International Humanitarian law (IHL) led to appalling human tragedies.

Indian occupying authorities and the occupying forces stationed in IOJK have perpetrated a series of ‘Atrocity crimes’ during the first six months of 2023:

Indian occupying forces persisted in their repressive policies and disregard for international law and the principle of the Right of Self-determination. A total of 113 Cordon and Search Operations (CASOs) were reported by the local media which are just a fraction of the total Search Operations launched by the Occupying Forces.

This year so far LFK has recorded 126 killings in multiple incidents of violence across IOJK. The armed action of India’s Occupying Forces against the native population as a result of heightened military presence has resulted in the killing of 31 Indigenous freedom fighters and 43 Indian occupying forces personnel from Jan to June 2023. At least 18 encounters took place between the Indian Occupying Forces and the freedom fighters of Kashmir. During these CASOs, vandalism, and destruction of 91 civilian properties were reported. Also, 109 instances of Internet Shut down in IOJK were reported. India’s Infamous anti-terror investigation agencies National Investigation Agency (NIA) & State Investigation Agency (SIA) have attached 124 Properties across IOJK in the last six months.

The International response against the aforementioned ‘Atrocity crimes’ as well as other patterns of egregious violations, some amounting to war crimes and Crimes against humanityperpetrated by Indian Occupying Forces was inconsistent. IOF has been engaging in highhanded repression, confiscation of civilian properties, land grabbing and demolition of civilian properties, torture, enforced disappearances, extrajudicial executions, and other series of crimes against Kashmiris. Human rights defenders and journalists are bearing the brunt of India’s excessive use of force and repressive policies.

In its bi-annual report, LFK also condemns India’s attempt to hold the G20 tourism meeting in IOJK, as it was organized to portray a facade of normalcy and aimed at whitewashing the direct abuses perpetrated by IOF against the local population. Such summits may appear to be a routine practice; however such events amount to a violation of the International Humanitarian Law.

India has accelerated its efforts to control every means of dissent and seize properties of native inhabitants, paving the way for outsiders to settle in the region. In the name of “retrieving state land”, the occupational authorities and their auxiliaries seized over 178005.213 acres in Kashmir region and 25159.56 acres in Jammu as alleged “encroached” by the residents who basically owned the said land legally under the Agrarian Reforms Act, JK State Land Vesting of Ownership Act 2001, JK Evacuees of Property Act and other numerous acts andorders passed by the erstwhile state government in favour of landless peasants.

In the first six months of 2023, the National investigative agency continued its crackdown on Kashmiris, arresting thousands including resistance activists, common people, journalists, religious scholars, and academicians. The NIA & SIA have attached 124 Properties across IOJK in the last six months. According to a statement issued by the occupying authorities, nearly, 77 of these properties belong to the proscribed organization Jamaat-e-Islami, which has been notified under Section 08 of UAPA in Case FIR number 17/2019 U/S 10, 11 and 13 UA (P) Act of Police Station Batamaloo being investigated by SIA.

The NIA’s pursuit of seeking the death sentence for Yasin Malik, the leader of the Jammu and Liberation Front (JKLF), has raised concerns about justice and fairness. India’s motives, driven by political gain and appeasing a collective conscience, seem to be overshadowing the principles of true justice. With the looming possibility of history repeating itself, as seen with the hangings of Maqbool Bhatt and Muhammad Afzal, the plight of Kashmir’s resistance leader hangs in the balance. As political analysts and Kashmiri leaders decry this apparent scapegoating for electoral advantages, it becomes crucial to question the ethical implications and ensure that justice is not compromised in the pursuit of political gain.

The report also documents the ceasefire violations perpetrated by IOF against civilians near the Cease Fire Line. The recommitment to the 2003 ceasefire in 2021 was dusted by India on 23 November 2022, when the Northern Army command Lt General UpendraDwivedi threatened to attack Pakistan-administered Kashmir and invade it through military action. IOF has thrice violated the ceasefire agreement in the first six months of 2023.