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UA 194/93 - India: "disappearance" in Jammu and Kashmir: Nazir Ahmed Misri

, N° d'index: ASA 20/030/1993

Nazir Ahmed Misri, a 26-year-old school teacher, was taken into custody on 7 June 1993 by members of the Border Security Forces in the area of Zero Bridge, Srinagar, during a military operation. He has not been since his arrest, although others arrested during the operation have subsequently been released. His family do not know of his whereabouts and there is grave concern that he is at risk of torture and even death while being kept in unacknowledged detention.

EXTERNAL (for general distribution) AI Index: ASA 20/30/93
Distr: UA/SC
UA 194/93 "Disappearance"in Jammu and Kashmir 15 June 1993
India Nazir Ahmed MISRI
Amnesty International is concerned about the safety and whereabouts of Nazir
Ahmed Misri, who was taken into custody on 7 June by members of the Border
Security Forces. Amnesty International fears he is at risk of torture and being
killed while being kept in unacknowledged detention.
Nazir Ahmed Misri, a 26 year-old school teacher, son of Ali Mohamed, resident
of Zero Bridge, Srinagar was allegedly taken into custody on 7 June 1993 during
a military operation by the Border Security Forces in the area of Zero Bridge,
Srinagar. He has not been seen since and his family do not know of his
whereabouts, although others arrested during the operation have been released.
BACKGROUND INFORMATION
Since early 1990 there has been an increasingly violent campaign for
independence in Kashmir. Armed separatists have kidnapped and killed
officials, members of paramilitary forces and civilians. Amnesty
International has repeatedly expressed concern to the Indian Government
about reports of deliberate killings of unarmed civilians by members of the
security forces, about widespread allegations of torture and rape by
members of the security forces and about arbitrary arrests of suspected
separatists, an increasing number of whom are reported to have
"disappeared" or to have died in custody. Amnesty International is concerned
at the continuing pattern of "disappearances" and extrajudicial executions
which are occurring in the Kashmir valley, despite condemnation by officials
of such practices.
Jammu and Kashmir Governor, K.V. Krishna Rao, 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).
On 27 May 1993, four Indian soldiers were arrested for allegedly raping a
Kashmiri woman. However, investigations are usually carried out by police or
army officials rather than by an independent and impartial body and prosecutions
are very rare. The government says that action was taken against 230 members
of the security forces in Jammu and Kashmir, but has until now failed to give
details of the perpetrators, their actions and the nature of the punishments
given to them.
RECOMMENDED ACTION: Please send telegrams/telexes/faxes and airmail letters
either in English or in your own language:
- expressing concern that Nazir Ahmed Misri has been detained reportedly by
soldiers of the Border Security Force since 7 June 1993 and may be in danger
of being tortured or killed in custody;
- urging the authorities to order an immediate independent and impartial
inquiry to establish his whereabouts;
- seeking assurances that if Nazir Ahmed Misri is in custody of the security
forces that he be humanely treated and be allowed immediate access to lawyers,
relatives and a doctor and that he be brought before a magistrate forthwith;
Page 2 of UA 194/93
- urging that he be immediately released if he is not charged with a recognizably
criminal offence.
APPEALS TO:
Mr S.B. Chavan
Minister for Home Affairs
Ministry for Home Affairs
North Block
New Delhi 110 001
Telegrams: Home Minister, New Delhi, India
Faxes: +91 11 301 0700/0680 (c/o Ministry for External
Affairs)
Telexes: 3166427 REND IN
Salutation: Dear Minister
K.V. Krishna Rao
Governor of Jammu and Kashmir
Office of the Governor
Srinagar
Jammu and Kashmir
India
Telegrams: Governor Jammu and Kashmir, Srinagar, India
Salutation: Dear Governor
COPIES OF YOUR APPEALS TO:
Mr Rajesh Pilot
Minister of State for Home Affairs
Ministry of Home Affairs
North Block
New Delhi 110 001
India
Mr Dinesh Singh
Minister of External Affairs
Ministry of External Affairs
South Block
New Delhi 110 001
India
and to diplomatic representatives of India accredited to your country. The
World Conference on Human Rights is being held in Austria this month and you
can enhance the power of your appeals by also sending copies to the diplomatic
representative of India in Austria during June at the following address:
INDIAN EMBASSY:
The Ambassador
Botschaft von Indien
Kärtner Ring 2, 1015 Wien
Austria
Faxes: +43 1 505 92 19
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 27th July 1993.

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