INDIAN ARMY CHIEF DEMANDS END OF CUSTODIAL DEATHS

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 001269

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/12/2016
TAGS: PGOV PREL PTER PHUM MOPS KISL IN PK
SUBJECT: INDIAN ARMY CHIEF DEMANDS END OF CUSTODIAL DEATHS
IN KASHMIR VALLEY


NEW DELHI 00001269 001.2 OF 002


Classified By: PolCouns Geoff Pyatt for reasons 1.4 (B,D)


1. (SBU) Custodial deaths will no longer be tolerated in the
Kashmir Valley, Indian Chief of Army Staff General J.J. Singh
told his field commanders on February 9. "Singh convened a
meeting in Baramulla (approximately 30 miles from Srinagar)
and categorically told his subordinates that custodial deaths
must end," Indian Express Srinagar correspondent Muzamil
Jaleel told us on February 10. Jaleel remarked that the army
has been debating the issue of human rights violations by the
army in the Valley and its recent directive indicates the
military is serious about ending the practice of custodial
killings.


2. C) General Singh personally gave the edict to the
commanders of XV and XVI Corps based in Srinagar and Nagrota,
reported Jaleel, and that it was passed to the Brigade and
Sector commanders with instructions to implement the order
"in letter and spirit." Jaleel opined that the most recent
high-level attention to the problem will "hopefully result in
something positive." Jaleel reported that the commanding
officer of XV Corps, Lt. General S.S. Dhillon, known for
supporting a zero tolerance policy regarding human rights
abuses, told his subordinates, "error of judgment in
soldierly actions are acceptable, but error of intention will
be viewed very seriously."


3. (C) Noting the large number of alleged custodial killings
in the state, Jaleel echoed Singh's statements by commenting
that such human rights abuses destroy all the "good work done
by the army." He remarked that the military is currently
engaged in a "good will" program in the Kashmir Valley, but
each custodial killing drastically diminishes the
effectiveness of the campaign. He asserted that his sources
reported the army is serious about ending custodial deaths,
but the effectiveness of the directive will depend on how
forcefully the battalion commanders implement it.

Human Rights Activists Not Convincd
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4. (C) Our human rights contacts were not convinced that
Singh's statements will make a significant impact on the
ground. J&K Coalition of Civil Society President and head of
the Association of Parents of Disappeared Persons Parvez
Imroze remarked that "every new incumbent says that custodial
killing will not be tolerated." Since Singh has been Chief
of Army Staff there have been eight custodial killings, he
reported. Director of the South Asia Human Rights
Documentation Center Ravi Nair also reported that the
directive would not significantly decrease the number of
custodial killings in the Valley. He noted that the
enactment of a "zero tolerance policy" is laudable, but it is
nothing new. The past Chief Minister of J&K Muftu Mohammed
Sayeed and current CM Ghulam Nabi Azad both made similar
statements when taking office, Nair asserted. Nair predicted
that, until the Armed Forces Special Powers Act and the J&K
Public Safety Act are withdrawn, some security forces will
continue to commit custodial killings, because these laws
provide immunity to those who commit abuses. The use of
paramilitary forces in the Valley, notably the Rashtriya
Rifles, results in many of those who commit custodial
killings falling outside the purview of Singh's edict, Nair
concluded.

Comment: A Small Step in the Right Direction
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NEW DELHI 00001269 002.2 OF 002




5. (C) The Chief of Army Staff directive forbidding
custodial killings is the latest effort by the Indian Army to
improve the human rights situation in the Kashmir Valley.
Along with Defense Minister Pranab Mukherjee's February 6
statement announcing the redeployment of 5000 troops from the
region due to an improvement in the security situation in the
state, Singh's comments suggest that the GOI is serious about
overcoming its past record of human rights abuse to win the
"hearts and minds" of the local population. Such a step is
fully in line with the rhetoric of the current and former
Chief Minister, and will help soothe tensions. In an
unrelated development, army recruiting in Kashmir is at an
all-time high due in part to efforts to curb human rights
abuses.


6. (C) Singh's directive, while important, does not address
custodial killings or human rights violations committed by
paramilitary or police units, such as the Border Security
Force, Central Reserve Police Force and the Rashtriya Rifles.
In order for the GOI completely to end custodial deaths,
these forces must also implement similar measures.


7. (U) Visit New Delhi's Classified Website:
(http://www.state.sgov.gov/p/sa/newdelhi/)
MULFORD