Srinagar, Indian Administered Kashmir – The Indian military says its soldiers exceeded their powers under the controversial Armed Forces Special Powers Act (AFSPA) in the killing of three local civilians in southern Indian-administered Kashmir earlier this year.
On July 18, the Indian armed forces said they had killed three unidentified “rebels” in the village of Amshipora in Shopian.
An Indian army spokesman said on Friday that the victims were now identified as Rajouri district residents whose families had filed a complaint accusing the soldiers of killing them in an organized shooting.
“The investigation ordered by the Army authorities into op Amshipora has concluded. The investigation has produced some prima facie evidence that indicates that during the operation, the powers conferred by AFSPA 1990 were exceeded,” said Colonel Rajesh Kalia, spokesman for the army, in a statement.
“The evidence gathered in the investigation has indicated prima facie that the three unidentified terrorists killed in Op Amshipora were Imtiyaz Ahmed, Abrar Ahmed and Mohd Ibrar, who hailed from Rajouri. Their DNA report is expected. Their involvement in terrorism is expected. or related activities under investigation by the police, “the statement said.
The police statement claimed that army personnel were shot during a search operation.
Days after the incident, a photograph of the three murdered people went viral on social networks, after which the three families identified them and filed a complaint.
After the army’s rare admission of guilt on Friday, Muhammad Naseeb Khatana, Muhammad Ibrar’s cousin told Al Jazeera that the three men, all of them cousins, left Rajouri to go to Shopian to work as day laborers.
“They arrived at the Shopian on July 17 and that night was the last time we spoke to them. It was during the coronavirus shutdown and we thought they might have been quarantined. We kept waiting but there was no news,” Khatana said.
“When we saw the photograph, we presented a report in which we identified our relatives who were dubbed militants by the army. What more injustice could they do to innocent people?”
Another family member said they have been deliberately denied DNA reports “for too long.”
“On August 3, our samples were taken and so far there is no report,” said the relative.
“Today they called a member of each family and admitted that the three were killed in a false encounter. We want them to bring the people who killed them in front of us and punish them. We want the bodies of our relatives.”
Ibrar, the youngest of the trio, worked as a day laborer to save money for his education, his family told Al Jazeera.
Human rights activists in Kashmir view the encounter as a shootout in which civilians were dubbed “rebels” and killed by the army to claim monetary benefits and medals.
In May 2010, large-scale protests erupted in Kashmir after a police investigation revealed that the army killed three civilians in a shooting in the Machil area near the Line of Control in the Kupwara border district.
The three workers were lured to Machil and killed there before being labeled “militants” by the army to claim a reward.
‘Widespread impunity’
Under the AFSPA, a comprehensive counter-terrorism law, security forces enjoy “widespread impunity.”
It gives “powers” to members of the armed forces in “troubled areas” like Kashmir to shoot to kill or arrest suspicious people.
Section 7 of the AFSPA provides virtually impunity for human rights violations committed by security forces personnel, as any civil prosecution can only proceed after obtaining prior sanction from the central government.
In the 30 years that this law has been in force in Jammu and Kashmir, that authorization has never been granted.
Parvez Imroz, a prominent human rights lawyer in the region, told Al Jazeera: “This incident cannot be taken in isolation.
“They were civilians, the statement does not mention it. He mentions them as terrorists.
“This incident cannot be taken in isolation, you have to look at the culture of the army in 30 years. The story is that the army has total impunity, they cannot be prosecuted and punished.
“They could try to silence families unofficially, which they have done in many cases in Kashmir.”
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