Brussel (Press Release )A 162- page fact-report captioned “Kashmir: Imprisoned Resistance- Fifth August and its
Aftermath” has been released at Delhi Press Club on 31 October 2019. The report has been
produced by an I l-member fact- finding team of Indian civil society members including senior
lawyers, trade union and human rights activists and a psychiatrist, who visited Srinagar from 28
September-,04 October 2019 to ascertain the ground situation in IOJ&K and to assess the quality
of Kashmiris’ access to justice in the wake of 5th August developments. The report is based on
the team’s visits to the High Court, District Courts and other quasi-judicial institutions in
different districts of IOJ&K as well as its interactions with the local lawyers, health & mental
health professionals, traders, people and victims of state perpetrated violence.
The report has mainly recorded the following facts about on-going human rights violations
and humanitarian crisis in Kashmir (read IOJ&K):
• The narrative of normalcy presented by the Indian government with the help of national
media houses is far from the reality.
• Indian soldiers abuse Kashmiris physically, sexually and emotionally;
• In some instances, the torture is carried out with loudspeakers on, for the surrounding
community to hear the victim scream;
• Extreme abuse of power and violent aggression against Kashmiris have caused deep and
destructive trauma in them that may take generations to heal;
• There exist cases of illegal detentions of minors and adults alike. Reportedly, more than
13,000 people have been unlawfully detained;
• On complaints of communication blockade, the Indian authorities arrogantly tell the
public that people lived without phones in the past and that it is not a basic right.
• There is constant surveillance and policing at the only Media Centre in Srinagar and at
the Srinagar Press Club, creating an atmosphere of fear and intimidation.
• The situation in Kashmir has led to a complete loss of press freedoms.
• Besides the massive militarization, the surveillance and control by the army IS
• A structured state violence is being perpetrated against Kashmiris;
• Since August 5, 2019, armed forces are conducting raids on villages and localities in the
city almost every night;
• The people feel that the night raids are not accidental and are designed to terrorise.
• There have been deaths due to tear gas shelling at the protesters. What remains a big
question in this situation is, when the armed forces and other bodies of the state are
indulging in such violations, where is the innocent victim supposed to go for redressal?
• Kashmiris feel that Indian army is fighting a war against their society and religion.
• Therefore, they now fight for freedom and the right to live as human beings.
• Access to justice according to the people of Kashmir (Indian Occupied Jammu and Kashmir) has been a mere
• While the entire judiciary has been rendered non-operational due to the communications
blockade and movement restrictions, the lawyers too have taken the decision to boycott
the regular court proceedings over the abrogation of Article 370, communication
blockade and systemic clampdown by the State and treatment meted out to lawyers.
• Prior to August 5, 2019 there were approximately 200 habeas corpus petitions pending,
now there are more than 600.
• The people in Kashmir Valley (Indian Occupied Jammu and Kashmir) call its annexation as a Union Territory “a siege”. In retaliation, they have initiated civil defiance and are confident to continue it indefinitely.
The report concludes that the 5th August decision of the Indian government has been
opposed by various sections of Indian society and demands have been made for restoration of
status quo ante as on August 4, 2019.

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