INDIA: Random firing upon civilians in Kashmir

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-122-2010
ISSUES: Impunity, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from credible sources in Jammu and Kashmir concerning the arbitrary shooting of civilians by the security forces stationed in that state. It is reported that the Central Reserve Police Force (CRPF) stationed in the state often fires small projectiles at civilians while engaging in patrol duty so as to force the civilians stay indoors. In one such incident reported from Tarzoo Sopur at least 26 civilians have been injured including a 15-year-old boy, Danish who is feared to permanently loose his sight in his left eye after being hit by a projectile.

CASE DETAILS:

The AHRC has received information from credible sources from Srinagar, that on August 19, the CRPF while on patrol duty at Tarzoo Sopur in Baramulla district started firing randomly at civilians in an attempt to force the civilians remain indoors. The officers fired at random into alleyways and on the main street, using rifles loaded with cartridges that could fire several small, but high velocity projectiles, like those fired from a 12 gauge shotgun. It is reported that at least 26 persons were injured in the firing, of which one is 15-year-old Danish Ahmad Shiekh who was hit when he was returning from the local mosque after offering prayers.

It is reported that four small projectiles hit Danish; one his forehead, two on his back and one in his left eye. Danish was taken to Sher-i-Kashmir Institute of Medical Sciences (SKIMS) in Srinagar, where he is currently undergoing treatment. The doctors treating him has reported that it is unlikely for Danish to regain sight in his left eye, which was hit and injured badly by a small projectile. Danish is a student at the Government School Takiabal, in Sopur.

In addition to Danish’s case, reports from Kashmir show an alarming situation of several persons having suffered injuries in their eyes or on their face in similar incidents. Medical doctors have accused the security agencies for using shotguns and shotgun projectiles for crowd control, for the injuries these projectiles cause are complicated and often several in number upon the persons coming in the line of firing. It is reported that the injuries created by these projectiles are serious enough to cause permanent damage to human organs and sometimes even death. Firing from shotguns or the use of shotgun projectiles is a negligent form of crowd control since projectiles exiting the gun barrel spreads into a large area and travel at high velocities hitting targets that are not intended to be hit.

It is alleged that none of these incidents are investigated, at least to identify under what circumstances did the security agencies fire shots at civilians thereby injuring them. In most cases the victims do not prefer to file complaints due to the fear of adverse and sometimes fatal repercussions from the security forces against the complainants and their families. In some earlier cases where complaints were made, either the complainants were illegally arrested, charged with fabricated charges and severely tortured or extrajudicially executed; or they disappeared and now feared dead.

SUGGESTED ACTION:

While further details are awaited regarding the incident above, we request you to intervene in this case. The AHRC requests you to write to the authorities named above seeking an intervention in the case. The incident must be investigated guaranteeing the participation of trusted civil society groups. Danish must be offered the best treatment the country can provide and the expenses covered by the government. The officers responsible for the firing must be prosecuted and until then the officers kept away from active duty.

The AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment requesting for an intervention in the case. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

INDIA: The Tarzoo Sopur firing incident must be investigated

Name of victim:
Danish Ahmed Sheik, aged 15 years, student of Government School Takiabal, Baramulla district, Jammu and Kashmir

Names of alleged perpetrators: Officers from the Central Reserve Police Force, stationed in Baramulla

Date of incident:19 August 2010 
Place of incident: Tarzoo Sopur

I am writing to voice my concern regarding the case of 15-year-old Danish, a student of Government School Takiabal, who was shot in his left eye by the Central reserve Police Force (CRPF) operating in Baramulla district.

It is reported that on August 19, the CRPF while on patrol duty at Tarzoo Sopur area in Baramulla district started firing randomly at civilians in an attempt to force the civilians remain indoors. The officers allegedly fired at random into alleyways and on the main street in which Danish Ahmad Shiekh, who was reportedly returning from the local mosque after offering prayers, was also hit.

It is reported that four small projectiles hit Danish; one his forehead, two on his back and one in his left eye. Danish was taken to Sher-i-Kashmir Institute of Medical Sciences (SKIMS) in Srinagar, where he is currently undergoing treatment. The doctors treating him have reported that it is very unlikely for him to regain sight in his left eye, which was hit and injured badly by a small projectile. Danish is a student at the Government School Takiabal, in Sopur.

I am informed that in addition to Danish’s case, reports from Kashmir show an alarming situation of several persons having suffered injuries in their eyes or on their face in similar incidents. I am informed that the medical doctors have accused the security agencies operating in the state for using shotguns and shotgun projectiles for crowd control. It is reported that the injuries created by these projectiles are serious enough to cause permanent damage to human organs and sometimes even death. I am of the opinion that firing from shotguns or using shotgun projectiles is a negligent form of crowd control since it can hurt targets that are not intended to be hit.

I am concerned to know that none of these incidents are investigated, at least to identify under what circumstances did the security agencies fired shots at civilians injuring them. I am informed that in most cases the victims do not prefer to file complaints due to the fear of adverse and sometimes fatal repercussions from the security forces against the complainants and their families. It is alarming to know that in some earlier cases where complaints were made, either the complainants were illegally arrested, charged with fabricated charges and severely tortured or extrajudicially executed; or they disappeared and now feared dead.

I therefore request you to intervene in the case.

Danish and his family must be immediately provided protection. The statement of the witnesses to the incident as well that of Danish must be recorded by a judicial magistrate, in their residences. The magistrate recording the statement must do so without the presence of security officers or even the local police. Based on the statements, the incident must be investigated guaranteeing the participation of trusted civil society groups.

Danish must be offered the best treatment the country can provide and the expenses covered by the government. The officers responsible for the firing must be prosecuted and until the prosecution is over the officers kept away from active duty.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. Omar Abdullah
Chief Minister of Jammu and Kashmir  
Srinagar, Jammu and Kashmir  
INDIA
Fax: +91 194 2452224

2. Mr. Vikram Srivastava (IPS)

Director General

Central Reserve Police Force

Block Number 1, CGO Complex

Lodhi Road, New Delhi

INDIA

Email: dg@crpf.gov.in

3. Chairperson

State Human Rights Commission

Dawn Building

Dalgate, Srinagar-119001

INDIA

4. Inspector General of Police

Government of Jammu and Kashmir

Srinagar, Jammu and Kashmir

INDIA

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-122-2010
Countries : India,
Issues : Impunity, Police violence,