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Statement Condemning Enforced Disappearances in Indian-Administered Kashmir on International Day of the Disappeared

Justice for All strongly condemns the continued and alarming practice of enforced disappearances in the Indian-administered territory of Jammu and Kashmir. This grave violation of human rights is a matter of utmost concern and demands immediate action.

The enforced disappearances of Kashmiris have been documented extensively and are in clear violation of both international human rights law and international humanitarian law, including the following key articles:

  1. International Covenant on Civil and Political Rights (ICCPR):
    • Article 6: The inherent right to life.
    • Article 7: Freedom from torture, cruel, inhuman, or degrading treatment or punishment.
    • Article 9: The right to liberty and security of person.
    • Article 10: Humane treatment of persons deprived of their liberty.
    • Article 17: Protection against arbitrary or unlawful interference with privacy, family, home, or correspondence.
  2. International Convention for the Protection of All Persons from Enforced Disappearance:
    • This convention specifically prohibits enforced disappearances and obliges states to prevent and punish this crime.
  3. Geneva Conventions, Particularly the Fourth Geneva Convention:
    • Article 3 and Common Article 3: These articles outline the humane treatment of persons taking no active part in the hostilities.
    • Article 4: Defines who is considered a protected person under the Fourth Geneva Convention.

Moreover, it is crucial to recognize that Indian-administered Kashmir is an occupied territory, and as such, India bears the responsibilities outlined in the Geneva Conventions, including the duty to protect the rights and well-being of civilians living in the occupied territory.

This statement is issued on the occasion of the International Day of the Disappeared to draw attention to the urgent need for action and accountability regarding enforced disappearances in Kashmir. Justice for All urges the international community to take a firm stance against this grave violation of human rights and to pressure the Indian government to fulfill its obligations under international law.

We call for transparent investigations into these cases, accountability for those responsible, and meaningful steps to ensure the safety and well-being of the people of Jammu and Kashmir. The protection of human rights and adherence to international legal principles are paramount, and it is incumbent upon all parties to uphold these values in the pursuit of justice and peace in the region

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