NEW DELHI: The Geneva-based International Commission of Jurists has accused security forces in Jammu and Kashmir of using rape not only as a weapon against women but also as an instrument to humiliate the whole Kashmiri community. It is also said to be of the view that habeas corpus petitions are useless and hospital records in the Valley are destroyed to remove evidence of torture. In spite of the ICJs reported admonition of Pakistan for leaking details of its preliminary report on Jammu and Kashmir which was meant to be treated as confidential officials in Islamabad have been releasing portions of the document to the Press.

According to sources in Geneva this is obviously being done with a dual purpose; One to score points against India before the upcoming UN General Assembly session; and two commit the ICJ to retaining these portions in the-final report

It may be recalled that the ICI has prepared its interim report on the basis of the findings of a four member team which visited Jammu and Kashmir and Pakistan-occupied Kashmir in August 1993. The interim report sent to the governments of India and Pakistan for their comments questions the finality of Jammu and Kashmir’s accession to India and calls for a plebiscite in the troubled State.

According to leaks by Pakistani Officials which have appeared in the media of that country the ICI has described as half-truth Indias claim that Islamabad is involved in promoting terrorism in Kashmir. According to them the ICJ is reported to have said that the extent of Pakistan Governments involvement is unclear. Referring to Indias stated position that arms and weapons captured from militants bear Pakistani markings  the ICI is believed to have said There is no doubt that the weapons used by the militants are coming from Pakistan. But following the Afghan war Pakistan is cluttered with secondhand weapons which can be bought by anyone on the black market.

As for Indias charge that the militants are being trained by Pakistan the ICJ believes that the training is elementary and may amount to no more than a few days of drill in basic weapons handling. Pakistan has been exonerated of encouraging its people to join the fighting and (Supplying) the militants with sophisticated weapons.

Repudiating Indias claim that the people of the Valley are living under the shadow of the (militants) gun the ICI is reported to have described it as a delusion. According to leaks emanating from Islamabad the report says? The mission believes…there is no doubt that it is now the wish of the overwhelming majority of the people of the Valley of Kashmir to sever their links with India.

In what can be construed as a direct interference in Indias politics the ICJ is believed to have rubbished the National Conference which is wholly discredited. Commenting on the State police it says the force is so riddled by Support for militants that it cannot be entrusted with anti-insurgency work.

The ICI reports is said to have described Indias anti-insurgency laws as draconian. It has also mocked at protective measures like habeas corpus petitions saying they have been ineffective which a direct criticism of the country’s judiciary is.

Article extracted from this publication >> July 1, 1994