SHRC On Unmarked Graves: The Investigation Report

Office of the Sr. Superintendent of Police, J&K SHRC Srinagar.

Published: 8/24/2011 1:00:00 PM

Updated: 8/24/2011 11:20:20 AM

By: Filed Under: India

NO: SHRCPIW/2011/1000             Dated: 02.7.2011

Subject: Enquiry Report of Unmarked Graves in north Kashmir.

A sensational news appeared in “Kashmir Times” and “Greater Kashmir” on 18.4.2011 under the caption “Amnesty to India, Probe Kashmir Graves and Amnesties grave concern, Rights Body Demands Impartial Probe respectively”. The Commission also received communication/queries/calls from public welfare spirited persons, NGOs, overzeal legal professionals, constitutional experts, Human Rights Activists, Professors and other dignified personalities about legal genesis of un-identified graves found.

However, Amnesty International has also urged Indian Government to launch urgent investigat into some 1000 unmarked graves found in Kashmir Valley.

Kashmir Rights groups had also earlier said that it had found across dozen villages in the area around towns of Uri, Kupwara and Bandipora large number unidentified dead bodies in unmarked graves, which may be victims of Unlawful killings/ disappeared persons. On the above grounds, Human Rights Commission of J&K took suo-moto cognizance of the matter on 9.4.2008, and notices were issued to Jammu & Kashmir Govt through Financial Commissioner of Home department, DC Bla, P/S Uri, Bijhama, Bonvar, Bandipora, Kupwara through DGP J&K/DGP CID to file the reply/report, In addition to Sr. Supdt. of Police Investigating Wing of the Commissiom to submit the report after conducting proper enquiry into the matter. ;

Consequently, an investigation team was constituted under the supervision of undersigned comprising of:-

l.   Inspr Mohammad Yousuf

2.  Inspr Baghwant Singh

3.  Inspr Ashiq Hussain

4.  Inspr Veer Singh

5.  SI(S)  Khalid Mehraj

6.     ASI(M) Farooq Ahmad

8.     HC  Gh. Mohammad,

8.     HC  Aijaz Ahmad

9.     Sg.Ct   Gh. Qadir

10.   Sg.Ct.  Nazir Ahmad

The team proceeded to Baramulla, Bandipora, Handwara and Kupwara districts to verify on ground the figures of unmarked graves.

During the course of enquiry, various witnesses at various places were cross examined and their statements accordingly recorded. The team visited almost all the places in North Kashmir. At some places, though the witnesses corroborated verbally the existence of un-marked graves, but were not ready to record their statements in black and white due to their security concerns, as per their version. We have not included any statistics of un-marked graves given by such people in our report. However, at various places, witnesses have been willing to get their statements recorded in black and white, whose particulars are mentioned below:

No     Name             Parentage         Residence             Remarks

1. Ghulam Nabi Sheikh         Ghulam Mohd sheikh     -do- –

2. Mohd Amin             Najar Ama Najar     -do- –

3. Mohd Shafi Malik         Abdul Rehman Malik     -do- –

4. Noor Din Shah           Sonaullah Shah         -do- –

5. Mohd Yousuf Malik         Khaja Assadullah

Malik Kichhama, Sheeri Baramulla Sadar Auqaf, Islamia

6. Shri Abdul Gani Chogal    Chogal             Handwara Advocate

7. Mahda Bhat Raja        S-Bhat Budmulla,     Sheeri Baramulla Retired Govt Servant

8. Atta Mohd Khan Wali,      Mohd Khan Kharhar, Chahal Boniyar –

9. Munir Hussain Shah         Mohd Yosuuf Shah     -do-. –

10. Mehboob Khan Sher Ali                 -do- –

11. Ghulam Mohd Mir         Late’Gh. Nabi Mir Nabirpora Bandipora –

12. Mohd Maqbbol         Gh. Ahmad Bhat         Kalaroach, Khas Kupwara –

13. Gh. Ahmad Dar         Gh Hassan Dar             -do- –

14. Mohd Maqbool Ganaie     Gh. Qadir Ganaie          -do- –

15. Mushtaq Ahmad Ganaie     Haji Mohd Sultan         -do- –

16. Gh. Mohideen Mohd     Subhan Wani             Sogam Kupwara –

17. Mohd Shafi Wani         Ghulam, Mohideen wani     Sogam –

18. Safdar Ali Lone         Lt Khaja Samander Lone     -do- –

19. Abdul Rashid Shah         Lt. Gh. Mohideen Shah.      -do- . –

20. Gh.Ahmad Sheikh         Mohd Zaman Sheikh         Regi, Kupwara –

21. Haji Mohd Rustum         Mir Haji Gh. Mohd Mir         -do- –

22. Habibullah Malik Mohchal     Jamal Malik             -do- –

23. Mohd Sultan Sheikh     Khaaji Abli Sheikh         Vilgam Kupwara Numberdar

24. Mohd Sultan Khan         Mohd Gulzar Khan         -do- –

25. Gh. Mohd Shah         Wali Mohd Shah         -do- –

26. Gh. Rasool Sheikh         Khaja Abli Sheikh         -do- –

27. Mohd Dilawar Khan         Gh. Mohd Khan         Kralpora Kupwara –

28. Gh. Mohi-u-Din         Abdul Rehman             Mohalla Gund –

29. Mohd MUnawar Ganaie     Late Kamal Ganie         -do-

30. Abdul Rashid Mir         Khazjr Mohammad Mir         Dardsun Kralpora Kupwara

31. Ab. Gani Ahangar         Abdul Wahab Ahnagar         Trehgam Kupwara

32. Gh.Mohi-u-Din Malik     Haji Gh. Hassan Malik         -do- .

33. Mohd Maqbool Lone     Gh. Mohd Lone             -do-

34. Abdul Rashid Pir         Abdul Gani Pir             -do-

35. Manzoor Ahmad Parray     Habibullah Parray         Kichhama Baramulla

36. Gh. Mohd Mir         Habibullah Mir             -do-

37. Hilal Ahmad Mir         Ab. Aziz Mir             -do-

38. Sajid Naseer         Naseer-ud-Din             Bijhama Uri

39. Razia Raja             Ali Mardan             Bala Boniyar

40. Sonaullah Magray         Khaja Mahad Magray         Kandi Khas Tehsil Handwara

41. Tanveer Ahmad Mir         Abdul Khaliq Cheki         Natnussa Handwara

42. Abdul Raheem Bhat         Habibullah Bhat         Kandi Khas Handwara

43. Haji Mohd Ramzan Mir     Gh. Hassan Mir             Mohalla Bhatipora Kupwara

44. Mushtaq Ahmad Mir     Haji Mukhta Mir         Kharbagh, Kupwara

45. Tariq Ahmad Mir         Wali Mohd Mir             Jamia Qadeem Kupwara

46. Nazir Ahmad Mir         Lt. Sonaulalah Mir         -do-

47. Abdul Raheem Chopan     Mohd Sultan Chopan         Chandigam Lolab, Kupwara

48. Habibullah             Mohd Akbar Dar         -do-

49. Ghulam Nabi Gojar Kataria     Haji Mohd Ali Marsari         Chokibal Kupwara

50. Mohd Saleem Khan         Habaz Khan             -do-

51. Gh. Ahmad Mir         Abdul’Gani Mir             -do- .

52. Gh. Ahmad Najar         Gh. Mohd Najar         Tamina Chokibal Kupwara

53. Abdul Gani Mir         Gulzar Ahmad Mir         -do-

54. Abdul Gani Mir         Abdul Majid Mir         -do-

55. Mushtaq Ahmad Mir     Saidullah Mir             -do-

56. Basharat Mehraj Shah     Mehraj-ud-Din Shah         Dangiwacha, Rafiabad

57. Tariq Ahmad Shah         Ab. Rashid Shah         Dangiwacha, Rafiabad

58. Manzoor Ahmad         Late Muzaffar Shah         Dangiwacha, Rafiabad

59. Tariq Ahmad Shah         Gh. Mohiuddin Shah         Dangiwacha, Rafiabad

60. Mohd. Amin Mir         Ab. Gani Mir             Behrampora, Rafiabad

61. Mohd. Maqbool Mir     Gh. Ahmad Mir             Behrampora, Rafiabad

62. Haji Sonaullah Mir         Atta Mohd. Mir             Behrampora, Rafiabad

After perusal of recorded statements of abovementioned witnesses and cross examining them, following are the observations with respect to various unmarked graveyards:-

District Baramulla:
Kichama, Sheeri, Baramulla (witnesses from 1 to 4, 5 & 35 to 37):

Graveyard location: Kitchama
1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard = 115

2. Number of dead bodies later identified as locals = 10

a) Number of dead bodies identified as locals but still buried in the above graveyard = 10

3. Number of dead bodies still buried in above graveyard as un-identified = 105

4. Number of dead bodies charred = 11

Badmulla, Sheeri Baramulla (witness 7):
Graveyard location: Peth Badmulla
1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 04

2. Number of dead bodies still buried in above graveyard as un-identified = 04

3. Number of dead bodies charred = 04

Kharhar (Chahal) Boniyar (witnesses from 8 to 10):
Graveyard location: Kharhar
1. Total Number of un-identifled dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 235

2. Number of dead bodies later identified as locals = 12

a) Number of dead bodies identified as locals and shifted to their native graveyards after exhumation = 6

b) Number of dead bodies identified as locals but still buried in the above graveyard = 6

3. Number of dead bodies still buried in above graveyard as un-identified = 223

4. Number of dead bodies charred/burnt = 1

5. Number of graves with more than one dead bodies = 1

Bijhama, Uri, Baramulla (witness 38):
Graveyard locations:
a) Near P/S Bijhama

b) Near Ziyarat Gazi Ab. Rehman Bijhama

c) Braripora

d) Qazipora
1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police buried in abovementioned graveyards = 42

2. Number of dead bodies later identified as locals = 7

a) Number of dead bodies identified as locals and shifted to their native graveyards after exhumation = 7

3. Number of dead bodies still buried in above graveyards as un-identified = 35

4. Number of graves with more than one dead bodies = A few

Bela Boniyar, Baramulla (witness 39):
Graveyard locations:
a) Trikanjan – 11

b) Banali – 10

c) Banali Pathri – 08

d) Paro Gangriyal – 20

e) Deh Chotali – 11

f) Deh Gingal – 08

g) Lachipora – 226

h) Reshiwari – 40

i) Mayan – 40

j) Garkote – 04

k) Near NHPC Gate – 08

1) Near P/Boniyar – 14
1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyards = 400
2. Number of dead bodies still buried in above graveyards as un-identified = 400

3. Number of graves with more than one dead bodies = 13

Dangiwacha, Rafiabad, Baramulla (witnesses from 56 to 59):
Graveyard location: Dangiwacha
1. Total number of unidentified dead bodies (claimed to be of unidentified militants by the local police) buried in above mentioned graveyard = 80

2. Number of dead bodies later identified as locals = 4

3. Number of dead bodies identified as locals but still buried in the above graveyard = 4

4. Number of dead bodies still buried in above graveyard as un-identified = 76

 Behrampora, Rafiabad, Baramulla (witnesses from 60 to 62):
Graveyard location: Behrampora
Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 35

Number of dead bodies later identified as locals = 27

a) Number of dead bodies identified as locals but still buried in the above graveyard = 27

Number of dead bodies still buried in above graveyard as un-identified = 8

District Bandipora Naberpora Bandipora (witness 11):
Graveyard locations:
a) Nussu Bandipora near Idgah

b) Nowpora Bandipora

c) Nadihal Bandipora

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyards = 147

2. Number of dead bodies later identified as locals =133

a) Number of dead bodies identified as locals but still buried in the above graveyards =133

3. Number of dead bodies still buried in above graveyards as’ un-identified = 14

Police District Handwara Kandi Khas, Handwara (witnesses from 40 to 42):
Graveyard location: Kandi Khas

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 17

2. Number of dead bodies later identified as locals = 3

a) Number of dead bodies identified as locals and shifted to their native graveyards after exhumation = 2

b) Number, of dead bodies identified as locals But still buried in the above graveyard = 1

3.  Number of dead bodies still buried in above graveyard as un-identified = 14

Chogal, Handwara (witness 06):
Graveyard locations:

a) Chogal Handwara

b) Check-e-Nutnussa

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyards = 6

4. Number of dead bodies still buried in above graveyards as un-identified = 6

3. Number of dead bodies charred = 4

District Kupwara
Kalaroos Khas, Kupwara (witnesses from 12 to 15):
Graveyard location: Kalaroos Khas
1. Total Number of un-identifled dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard =70

2. Number of defeid bodies later identified as locals = 9

a) Number of dead bodies identified as locals but still buried in the above graveyard (including three dead bodies of Machil fake encounter) = 9

3. Number of dead bodies still buried in above graveyard as un-identified = 61

Sogam, Kupwara (witnesses from 16 to 19):
Graveyard location: Sogam

1. Total Number of un-identifled dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard = 80

2. Number of dead bodies later identified as locals = 40

a) Number of dead bodies identified as locals but still buried in the above graveyard = 40

3. Number of dead bodies still buried in above graveyard as un-identified = 40

Chandigam, Lolab, Kupwara (witness 47 and 48):
Graveyard location: Chandigam
1. Total Number of un-identifled dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 50

2. Number of dead bodies later identified as locals = 10

a) Number of dead bodies identified as locals but still buried in the above graveyard = 10

3. Number of dead bodies still buried in above graveyard as un-identifled = 40

Regipora, Kupwara (witnesses from 20 to 22):
Graveyard location: Regipora
1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard = 400

2.  Number of dead bodies still buried in asbove graveyard   as unidentified = 400

(Villgam, Kupwara (witnesses from 23 to 26):
Graveyard location: Villgam

Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard = 150

Number of dead bodies later identified as locals = 9

a) Number of dead bodies identified as locals and shifted to their native graveyards after exhumation = 2

b) Number of dead bodies identified as locals but still buried in the above graveyard =7

3. Number of dead bodies still buried in above graveyard as un-identified =141

4. Number of dead bodies comprising of skulls only = 5

5. Number of dead bodies comprising of skulls only returned to the Local Police and not buried in the above graveyard = 4

Kralpora, Kupwara (witnesses from 27 to 30):
Graveyard location: Mazar-e- Shohda, Kralpora

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard =300

2. Number of dead bodies still buried in above graveyard as un-identified = 300

Trehgam, Kupwara (witnesses from 31 to 34):
Graveyard location: Trehgam

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard = 150

2. Number of dead bodies identified as locals but still buried in the above graveyard =100+

3. Number of dead bodies still buried in above graveyard as un-identified = 40

Mohalla Batapora, Kupwara (witness 43):
Graveyard location: Mohalla Batapora

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in above mentioned graveyard = 200

2. Number of dead bodies later identified as locals = 100

a) Number of dead bodies identified as locals but still buried in the above graveyard = 100

3. Number of dead bodies still buried in above graveyard as un-identified = 100

Khar Bagh, Kupwara (witnesses from 44 to 46):
Graveyard location: Khar Bagh

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 200

2. Number of dead bodies later identified as locals =100

a) Number of dead bodies identified as locals but still buried in the above graveyard = 100

3. Number of dead bodies still buried in above graveyard as un-identified = 100

4. Number of graves with more than one dead bodies = 4

Marsari Chowkibal, Kupwara (witnesses from 49-51):
Graveyard location: Marsari

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 15

2. Number of dead bodies still buried in above graveyard as un-identified = 15

Tuminah, Chowkibal, Kupwara (witnesses from 52 to 55):
Graveyard location: Tuminah

1. Total Number of un-identified dead bodies (claimed to be of unidentified militants by the local Police) buried in abovementioned graveyard = 34

2. Number of dead bodies still buried in above graveyard as un-identified = 34

SUMMARY
Total number of un-identified dead bodies (Claimed to be dead bodies of unidentified militants by local Police & handed over to locals for their burial) in various un-marked graveyards of North Kashmir = 2730

Dead bodies identified later on as of locals out of the preceding figure = 0574

Number of dead bodies identified as locals & shifted to their native graveyards after exhumation = 017

Number of dead bodies identified as locals but still buried in the above mentioned graveyards = 0557

Number of dead bodies still buried in the above mentioned graveyards as un-identified = 2156

Number of graves comprising of more than one dead body = 018+

Number of dead bodies charred = 020

Number of dead bodies comprising of only skulls = 005

Agency     No. of unmarked         No. of unidentified dead         Remarks
grave sites considered.         bodies buried in unmarked
                graves.

Local Police    Whole North Kashmir        464                    09 unidentified
(Distt Police)                                        dead bodies
Baramulla                                         recovered from
Bandipora                                        river Jehlum
Kupwara                                        and included in   
Handwara                                        464

APDP/IPTK
Baramulla    35                1013
Bandipora    08                82
Kupwara    14                1278
Handwara           

Total        57                2373

Police investigation
wing of SHRC
J&K Srinagar

Baramulla    21                851
Bandipora    03                14
Kupwara    03                14
Handwara    11                1277

Total        38                2156
 

Different version with respect to the number of unidentified dead bodies buried in unmarked graves:-

(A) Local Police comprising of District Police Baramulla, Bandipora, Handwara and Kupwara :-

As reported by the local police of North Kashmir only 464 unidentified dead bodies are buried in various un-marked graves at various places in North Kashmir which includes 09 unidentified dead bodies recovered from River Jehlum. ( Annexures X & Y enclosed)

(B) APDP/IPTK

The organization has surveyed the North Kashmir and found 57 places where un-marked graves exist. The unidentified dead bodies buried at these 57 places are 23.73. (Annexures 1,2 & 3 enclosed)

(C) Police Investigating Wing of SHRC J&K Sgr:-

Whereas the Investigating Team of Commission visited almost all the places leaving a few .The number of unidentified dead bodies buried in un-marked graves at various places in North Kashmir exceeds the figure i.e. 2373 as provided by APDP/IPTK. The locals have verbally corroborated existence of unmarked’ graves at various places in North Kashmir. But at some places witnesses got their statements recorded in black and white and at other places they did not get recorded their statements in black and white due to the apprehension of fear of torture and atrocities by Armed/Security agencies. Therefore, we have considered the statistical data’s of 38 places only where people got their statements recorded in black and white and amounts to 2730 unidentified dead bodies, out of which 574 unidentified dead bodies have been later on identified as of locals thereby leaving behind the remainder of unidentified dead bodies still buried in un-marked graves as 2156.

The above 574, were first buried as dead bodies of unidentified militants in various unmarked graves in North Kashmir. But they were later on identified as dead bodies of locals and 17 were shifted to their native grave yards after exhumation while as 557 were allowed to remain buried there.

Perusal of the above facts and various statistical data’s, implies as under;-

? It is beyond doubt that un-marked graves containing unidentified dead bodies do exist at various places in North Kashmir.

? At 38 places visited by the Police Investigating Wing of the Commission in North Kashmir, still 2156 unidentified dead bodies are buried in these un-marked graves.

? Maximum unidentified dead bodies handed over by local police to local population for their burial were having bullet injuries, a few defaced, 20 charred , 05 dead bodies comprising of only skulls and in more than 18 graves more than one un identified dead bodies are buried.

? The local police while handed-over the unidentified dead bodies to locals for burial, was claiming them to be the dead bodies of unidentified militants but later on out of 2730 unidentified dead bodies, 574 were identified as the dead bodies of locals by their NOK’s at these 38 places visited by Police Investigating Wing.

? Out of the above 574 dead bodies 17 were shifted to their native grave yards after exhumation and 557 were allowed to remain there, already buried. The Government accounts for only 464 unidentified dead bodies in North Kashmir, but not accounting for the remainder (2156-464)=1692. The response of 464 has been made to this office communication no.SP/SHRC/Camp/101 dt. 22.3.2010, correspondence no CRS/RW/30/2010/ 12563 dated 22.3.2010 6& CRB/HR/09/ 17784-86 dated 15.7.2009.

Even for 464 unidentified dead bodies which the Government is accounting for, as per the report of local police of North Kashmir, they have not maintained any identification profile, so that same could be compared with identification profiles of NOKs of variou disappeared persons in the Valley to negate/ establish any link .This office has written to various SHO s of North Kashmir ymder intimation to IGP Kashmir vide this office letter No.SHRC/PIW/2011/708-798 dated 27.5.2011 followed by reminders vide no. SHRC/PIW/2011/839-64 dated 6.6.20-11 and no. SHRC/PIW/2011/939-962 dated 21.6.2011 whether the identification profiles in respect of 464 unidentified dead bodies have been maintained or not, but no reply has been received till this time (copies enclosed). There is every probability that these unidentified dead bodies (2156) buried in various unmarked graves at 38 places of

North Kashmir may contain the dead bodies of enforced disappearances because, 574 have been already identified as the dead bodies of locals out of 2730 unidentified dead bodies. The fact is further supported by the information provided by APDP/IPTK vide annexures-3 which envisages as under:-

“There have been some cases where police claims have been falsified ‘and thereby increases the probability that these unidentified dead bodies may be those of disappeared persons(Annexures-3 enclosed).”

The only way to negate or affirm the preceding statement is to compare the DNA profiles of those unidentified dead bodies buried in various un-marked graves at various places of North Kashmir with the DNA profiles of NOKs of enforced disappearances (Disappeared person)

? If the Local police of North Kashmir has already maintained DNA profiles with respect to 464 unidentified dead bodies then we have to prepare the DNA profiles with respect to (1692) unidentified dead bodies only. If not then we have to prepare the DNA profiles with respect to 2156 unidentified dead bodies buried in unmarked graves at various places of North Kashmir -from their dead remains and compare the same with the DNA profiles of NOKs of disappeared persons (list enclosed) as submitted by APDP/IPTK, who have responded to this office communication no. SHRC/PIW/PA/2010/452 dated 6.12.2010 vide their communication no. nil dated 6.6.2011.

? This is further evident (as per the version of APDP/IPTK) that unmarked graves comprising of unidentified dead bodies, are not only in north Kashmir but are wide spread in other districts like Shopian, Srinagar, Anantnag, Budgam, Ganderbal, Doda, Poonch and Rajouri, also.

Scope for DNA extraction from dead remains of these un- identified dead bodies buried in unmarked graves of North Kashmir is still very bright. As the time will go on to elapse, chances will be more and more reduced. The Commission should pass an order with ‘rections to do the needful as soon as possible so that the identity of disappeared persons and those un-identified dead bodies buried in nameless grave may be established or negated. The DNA sampling techniques can be supplemented by other techniques like dental examination, distinctive medical characteristics, finger prints, and physical description etc.

“Even in case of victims of natural disaster recognizing/identification is compulsory for legal, religious, cultural and other reasons. Human beings have the right not to loose their identity after death and identification is of vital importance for Police Investigation”-In present case, legal implications are more involved therefore their identification becomes more vital.

Wm. Gladstone has said, “Show me the manner in which a nation cares for its dead and I will measure with mathematical exactness, the tender mercy of its people, their respect for the law of the land and their loyalty to high ideals.”

> It is the prime duty of a democratic state who cares for upholding of human rights and has respect for the law of the land, to eliminate the doubt/claim that whether these unidentified dead bodies (2156) are the dead bodies of disappeared person or not. If the claim/doubt (apprehension that these un-identified dead bodies, buried in un-marked graves at various places of North Kashmir can be dead bodies of disappeared persons)is not addressed/neutralized by the scientific method ( comparison of DNA profiles of un- identified dead bodies buried in un-marked graves of North Kashmir with NOK’s of Disappeared persons) then it has to be assumed/presumed that State wants to remain silent deliberately to hide the Human Rights violations otherwise there should be no problem to negate/affirm the claim/doubt.

> Immediate steps should be taken to negate/confirm the claim as mentioned above, till that time Govt, should be directed to ensure the protection of the nameless graves 85 avoid their desecration/destruction.

> A proper FIR should be got registered keeping in view the claim and investigated thoroughly by an impartial agency- not only in north Kashmir but throughout the State wherever such unmarked graves are existing.

> If none of the above two steps are taken then State should be directed to go for suitable compensation to NOKs of all the disappeared/missing persons (not less than seven lacs-keeping in view the inflation of the present time) and take immediate steps for their proper rehabilitation.

Precautions for-future:-

To stop the misuse of powers under AFSPA, PSA and disturbed areas Act, it is very-much necessary that wherever anybody is killed whether he is militant or (innocent killed during cross firing) his or her identification profile should be maintained properly. The identification profile should be prepared and should include DNA profile, supplemented with physical description, dental examination, distinctive medical characteristics if any, finger print etc so that no such doubt/claim arises in future, and if at all arises, and the same is neutralized/add reused within no time. The duplicate record of such identification profiles, should be also given to SHRC, for records in future.

Hence final enquiry report is submitted for appropriate orders/directions. Sr. Superintendent of Police, .J&K SHRC, Srinagar.

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