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UA 60/93 - India: torture: Manzoor Ahmed Ganai

, Index number: ASA 20/011/1993

Manzoor Ahmed Ganai, aged 20, has allegedly had to have had the lower parts of both legs amputated as a result of torture by the security forces in Kashmir. He was reportedly arrested on 7 January 1993 along with 14 others by the 10th Bihar Regiment during a search operation in his village. He was reportedly tortured for 10 days. His relatives claim that he was released on 27 January in a coma and was taken immediately to hospital. AI is not aware of any official inquiry into the torture allegations.

EXTERNAL (for general distribution) AI Index: ASA 20/11/93
Distr: UA/SC
UA 60/93 Torture 5 March 1993
INDIA: Manzoor Ahmed Ganai, 20
Amnesty International is concerned at reports that Manzoor Ahmed Ganai was tortured
by the security forces in Kashmir and had to have the lower parts of both legs amputated.
Manzoor Ahmed Ganai, son of Abdul Aziz Ganai and resident of Wakoora district,
Gahderbal, Jammu and Kashmir, was reportedly arrested on 7 January 1993 along with
14 other persons by soldiers from the army 10 Bihar regiment during a search operation
in his village. He was reportedly tortured for ten days with electric shocks, beaten
with sticks and guns and was trampled on by soldiers. He was then alleged to have
been hung upside down for some 24 hours until he lost consciousness. Reports that
he was tortured have appeared in the local press.
Mr Ganai's relatives claim that he was released on 27 January 1993 and was in a coma.
They say he was immediately taken to the Bone and Joint Hospital, Barzulla, Srinagar,
where doctors had to amputate both of his lower legs. He is also reported to have
suffered from injuries to his arms. Amnesty International is not aware of any inquiry
into the torture allegations.
BACKGROUND INFORMATION
Since early 1990 there has been an increasingly violent campaign for independence
in Kashmir. Armed separatists have kidnapped dozens of officials, politicians, members
of the security forces and civilians, including women, killing some of their hostages.
They have killed officials, members of paramilitary forces and civilians, acts which
Amnesty International has repeatedly condemned. Many members of the Hindu community
have fled the Kashmir valley out of fear for their safety. Although some Kashmiri
militant groups have called for their return, others issued threats against them.
Amnesty International has repeatedly expressed concern to the Indian Government about
a pattern of wide ranging human rights violations committed by members of the security
forces in the course of their operations in Jammu and Kashmir. These include reports
of deliberate killings of unarmed civilians, brutal torture and rape by members of
the security forces, often in retaliation for attacks by Kashmiri militants on the
security forces. Reports of arbitrary arrests of suspected separatists are widespread,
and increasing numbers are reported to have "disappeared" and especially since
mid-1992, to have died in custody of the security forces.
It is difficult to verify the numerous reports of human rights violations from Kashmir
because Amnesty International has not been granted permission to visit the state.
However, there are an increasing number of detailed allegations from a variety of
sources indicating a pattern of gross human rights violations in Jammu and Kashmir:
many of them have been submitted to the Jammu and Kashmir High Court in Srinagar
where they remain pending often because officials fail to respond to the allegations.
Medical reports on the treatment of released detainees are often consistent with
allegations that they were tortured during interrogation.
Jammu and Kashmir's Governor, Girish Saxena, has ordered several investigations into
such abuses, in one case leading to charges of murder being brought against the Director
of the Border Security Forces (BSF). Such investigations have, however, usually
been carried out by police or army officials, often themselves accused of committing
human rights violations, rather than by an independent and impartial body. However,
one such investigation, by a High Court judge, was recently ordered to investigate
allegations of many extra-judicial executions in Sopore, (see ASA 20/02/93). Despite
statements by senior army officials, such as those reported in January 1993 by Lt.
General D.S.R Salini, responsible for the Northern Command, that breaches of human
rights by soldiers would be severely punished in Jammu and Kashmir, Amnesty
International is concerned that in fact those responsible are rarely brought to
justice. Amnesty International only knows of one such case, in which two soldiers
were convicted to imprisonment for raping a woman - a foreigner - and although the
government informed Amnesty International in November 1992 that action has been taken
so far against 230 members of the security forces in Jammu and Kashmir, in connection
with reported human rights violations, it has failed to give details of the punishments
given and the nature of the crimes committed.
RECOMMENDED ACTION: Please send telegrams/telexes/faxes and airmail letters:
- expressing concern at reports that Manzoor Ahmed Gaini was tortured by members
of the army and as a result both of his lower legs had to be amputated;
- urging the government to order an independent and impartial inquiry into the torture
allegations and to fully protect the alleged victim and witnesses during the
investigations;
- requesting that if members of the army are found to have been responsible that
they be promptly brought to justice and that Manzoor Ahmed Gaini be granted full
compensation and all necessary treatment to assist his recovery;
- expressing concern about the persistent and widespread reports of torture
of detainees in Jammu and Kashmir and urging the government to implement the specific
recommendations in Amnesty International's ten point program for the prevention of
torture in India;
APPEALS TO:
1) Mr Rajesh Pilot
Minister of State for Home Affairs
Ministry of Home Affairs
North Block
New Delhi 110 001
India
Telegrams: Mr Rajesh Pilot, Ministry Home Affairs, New Delhi, India
Telexes: 3166427 REND IN
Faxes: +91 11 301 6781 (MINISTRY OF EXTERNAL AFFAIRS)
Salutation: Dear Minister
2) Mr Girish Saxena
Governor of Jammu and Kashmir
Raj Bhavan
Srinagar
Jammu and Kashmir
India
Telegrams: Governor Jammu and Kashmir, Srinagar, India
Salutation: Dear Governor
COPIES OF YOUR APPEALS TO:
V.K. Kapoor
Chief Secretary of Jammu and Kashmir
Government of Jammu and Kashmir
Srinagar
Jammu and Kashmir
India
General M.A. Zaki
Advisor to the Governor of Jammu and Kashmir
Raj Bhavan
Srinagar
Jammu and Kashmir
India
and to diplomatic representatives of India accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your
section office, if sending appeals after 17 April 1993.

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