Association of Parents of Disappeared Persons (APDP) has sought intervention by the International Court of justice (ICJ) to ascertain the whereabouts of the enforced disappeared persons in the territory.
According to media sources, in a statement issued in Srinagar, an APDP spokesman said, “Since all the local remedies stand exhausted, the ICJ has a role to play.” The statement was issued on the conclusion of the International week of the Disappeared observed globally in the last week of May.
“Numerous cases have been filed before the courts, including the High Court, and Srinagar-based Human Rights Commission. However, the institutions have failed to provide justice to the disappeared. On the contrary, through delay, denial and outright lies, the State negates any hope for justice,” the spokesman said.
The spokesman gave details of APDP’s work on mass and unmarked graves. He said the authorities had refused to undergo DNA profiling of the persons buried in unmarked and mass graves. “The government even disregarded an offer by the European Parliament in 2008 to provide financial assistance for the investigation of unmarked graves. This reluctance to allow international intervention was mirrored last year when India refused to accede to the request of the UN High Commissioner for Human Rights for a UN fact-finding mission to Jammu and Kashmir,” he said.
“Despite a consistent campaign in Jammu and Kashmir against enforced disappearances for 27years, no effective measures have been taken. No Commission of Inquiry as demanded was set up unlike other countries,” he said.
APDP also demanded international community to prevail upon India to allow access of UN Human Rights Council (UNHRC) Special Procedure on enforced disappearances, a constitution of a UNHRC Special Procedure exclusively for Jammu and Kashmir, and a fact-finding or commission of inquiry by the Office of the UN High Commissioner for Human Rights.
These international interventions of investigation must be allowed to function pending a judicial determination by the ICJ on the role of the Indian State in Jammu and Kashmir particularly on violations of international law through the phenomenon of enforced disappearances.