STRUCTURES OF VIOLENCE

529 | Structures of Violence
37 days. Then it stopped for 15 days as it was the
month of Ramzan.
The victim gave the above statement to the IPTK on
24 July 2015.
The victim's statement is clear, and cogent evidence
is presented of the torture by the alleged perpetrator.
The allegations warrant further investigation.
Case No. 36
Victim Details
[Name and identifying information withheld on the
request of the victim/witness] [Torture]
Occupation: Shopkeeper
Resident of: Islamabad district
Alleged Perpetrators
1. H a r m e e t S i n g h , D e p u t y
S u p e r i n t e n d e n t o f P o l i c e [ D S P
Operations], Special Operations Group
[SOG], Joint Interrogation Center [JIC]
2. Kaka Battaa, Assistant Subinspector
of Police [ASI], Special
Operation Group [SOG], Joint
Interrogation Center [JIC]
3. Ramesh, Sub-Inspector of Police,
Special Operations Group [SOG], Joint
Interrogation Center [JIC]
Case Information
The victim has been detained numerous times since
2002.
In 2002, the victim was picked up by the Jammu and
Kashmir Police from his house on the pretext of
having links with militants; he was taken to Police
Station Sadder. He was kept there for about a week
and released thereafter. On this occasion, SHO
Mushtaq of the police station took Rs. 1 lakh from the
family of the victim for his release and for ensuring that
there was no case led against him. The SHO
received money through his source Zahoor Ahmad.
Then, one early morning in November 2004, the
victim was taken away. Many youths had been taken
away that time because of an attack [mine blast] on
Farooq Abdullah. The victim was taken to the JIC and
was straight away put to torture on the orders of
alleged perpetrator no.1. Like all the youth who were
beaten, he was hanged upside down. His hands were
tied behind his back. He was kept stark naked and tied
to a rope; he was electrocuted in the genitals and toes
and a roller was rolled over his legs. Two SOG
personnel were at either side and two were pressing
down on the centre. The torture was being physically
done by alleged perpetrators no.2 and no.3 in addition
to others. There were a total of 10 people torturing the
victim. The victim was tortured for 4 hours and then
was thrown into a cell and kept there for 7 days. He
was asked to accept the responsibility of the attack
but he pleaded his innocence. Then he was released
from JIC.
In December 2004, an escort of alleged perpetrator
no.1 got killed. The victim's house was cordoned and
surrounded by SOG and Ikhwans. Then, alleged
perpetrator no. 2 took the victim away, along with his
father and two of their domestic helps. They were
taken to the JIC and beaten and kept there for 2 days,
after which they were sent to Police Station Sadder
and were released the third day
On 3 March 2005, the victim was once again picked
up from his house by perpetrator no.3 and other SOG
men. He was taken to the JIC, accused of having
weapons of Al Badr and then he was tortured severely.
He was electrocuted, roller was used on his legs. This
torture continued for 24 hours. On this occasion he
was also “questioned” by SP Ashiq Bukhari.
Then after three days he was sent to Sherbagh Police
Post and then to Sadder Police Station Anantnag.
There he was kept in custody for 13 days, and
eventually booked under the PSA, and sent to Kot
Bhalwal Jail, Jammu. He remained in jail for 14
months and was released only in May 2006.
Shortly after his release, he was rst taken to Police
Station Sadder, Islamabad, and then to CIK
Humhama, then again to Police Station Sadder and
then nally released.
Due to his torture the victim's shoulder bones were
damaged and he developed serious disorders. He
could not eat with his hand for 9 months.
The above statement was given by the victim himself
to the IPTK on 9 January 2015.
The statement of the victim is clear and cogent
evidence of torture is provided. The allegations
against alleged perpetrator no.1 and alleged
perpetrators 2 and 3 are clear and are prima facie
evidence of torture. Alleged perpetrator no.1 was
clearly in charge of the torture whereas the other two
alleged perpetrators physically carried out the torture.
The role of SP Ashiq Bukhari needs to be investigated
in this case as he was SP of the District at the time.
Under international criminal law principles of
command responsibility it is clear that as the
seniormost police ofcial of the District, SP Ashiq
Bukhari would have responsibility for the crimes
committed by personnel under his effective control. In