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India: The status of the investigation and/or prosecution relating to the murder of Jalil Andrabi (Syed Jalil Indrabi/Jaleel Andrabi) in the region of Jammu and Kashmir in 1996, especially any recent developments or statements by public officials

Jalil Andrabi (Syed Jalil Indrabi/Jaleel Andrabi) was a civil rights lawyer, human rights activist and leading member of Jammu Kashmir Liberation Front (JKLF) in the region of Jammu and Kashmir in India near the border with Pakistan (HRW 16 July 1999; Amnesty International 27 Mar. 1997). In March 1996, he was taken into custody by members of the 35 Rashtriya Rifles unit, headed by a Sikh major, Avtar Singh (The Guardian 9 Feb. 2002; HRW 16 July 1999; Amnesty International 27 Mar. 1997). Andrabi's body was discovered later that month floating in a river and bearing indications of abuse (Amnesty International 26 Mar. 2001; ibid. 27 Mar. 1997; HRW 16 July 1999).

A special investigation team established by the High Court under the Deputy Inspector General of Police identified the army major, named by Human Rights Watch (HRW) as Avtar Singh (16 July 1999) responsible for Andrabi's death (Amnesty International 26 Mar. 2001; ibid. 27 Mar. 1997; HRW 16 July 1999). Further information is contradictory. Amnesty International and Human Rights Watch reported that Singh was a member of an "irregular" force under contract to the army and had not been found by 2001 (Amnesty International 26 Mar. 2001; HRW 16 July 1999). In 2001 Milligazette.com reported that Singh was still free despite the findings of the interrogation team (15 Sept. 2001). Country Reports 2002 reported that Singh was arrested in 1998 for Andrabi's murder but criminal charges and a court martial had not yet taken place at the end of 2002 (31 Mar. 2003). The Guardian reported in 2002 that he was still a "serving officer" (9 Feb. 2002).

Human rights advocates have contended that the government was resisting efforts to administer justice (Country Reports 2002 31 Mar. 2003; HRW 16 July 1999).

In 2001, Amnesty International declared that "[t]he continuing failure of the Government of Jammu and Kashmir to bring to justice those responsible for the death of human rights lawyer Jalil Andrabi ... sends a signal that human rights protection is not its priority" (26 Mar. 2001). Country Reports 2003 implied that it was unlikely that those responsible for Andrabi's death would be brought to justice (25 Feb. 2004).

Information on recent (post 1996) comments by government officials regarding this case was not found among the sources consulted by the Research Directorate.

References to Andrabi's murder were found in an article published in 2004 regarding the murders of other human rights activists in India (OneWorld.net 29 Jan. 2004).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International. 26 March 2001. "India: Five Years After Jalil Andrabi's Death and Still No Decisive Action Taken to Arrest Those Responsible." (AI Index: ASA 20/021/2001) <http://web2.amnesty.org/library/print/ENGASA200212001> [Accessed 5 July 2004]

_____. 27 March 1997. "Jammu and Kashmir: Remembering Jalil Andrabi." (AI index: ASA 20/010/1997) <http://web.amnesty.org/library/print/ENGASA200101997> [Accessed 5 July 2004]

Country Reports on Human Rights Practices for 2003. 25 February 2004. "India." United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2003/27947pf.htm> [Accessed 5 July 2004]

Country Reports on Human Rights Practices for 2002. 31 March 2003. "India." United State Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2002/18311pf.htm> [Accessed 5 July 2004]

The Guardian. 9 February 2002. Adrian Levy and Cathy Scott-Clark. "Alibi for Slaughter." <http://www.guardian.co.uk/kashmir/Story/0,2763,646641,00.html> [Accessed 5 July 2004]

Human Rights Watch (HRW). 16 July 1999. "Behind the Kashmir Conflict: Abuses by Indian Security Forces and Militant Groups Continue." <http://www.hrw.org/reports/1999/kashmir/impunity.htm> [Accessed 5 July 2004]

Milligazette.com. 15 September 2001. S. Ubaidur Rahman. "License to Kill. <http://www.milligazette.com/Archives/15092001/15.htm> [Accessed 5 July 2004]

OneWorld.net. 29 January 2004. Rahul Verma "Murder of Indian Activists Raises Demand for Arrest " <http://www.oneworld.net/article/view/77879/1/> [Accessed 6 July 2004]

Additional Sources Consulted

Internet sites, including: Express India, Jammu-Kashmir.com, Jammu Kashmir Liberation Front (JKLF), Kashmir Media Source, Kashmirnet, Pakistan Alert Network, Pakwaton.com, Truth About Kashmir, Yes Pakistan.com.