Thursday, June 18, 2009

Military, executive undermine judiciary in Kashmir: US law school report

Courtesy: Rising Kashmir News
Srinagar, June 18: United States based Yale Law School report has said that cases against the troopers are rarely given any judgement in Kashmir as military and executive officials often act to undermine the efficiency and equity of the court system.“The failures of Kashmiri legal system are not solely responsibility of the judiciary, as military and executive officials often act to undermine the efficiency and equity of the court system,” the report observed.In a report "The Myth of Normalcy: Impunity and the Judiciary in Kashmir" in which it has examined the adequacy of legal process afforded to victims of human rights abuses bringing legal claims against the government here.The Lowenstein Clinic's report examined the existing legal process for two types of human rights claims: affirmative claims against the Indian military and habeas corpus petitions. These claims are rarely adjudicated, the report said.The report laid emphasis on how government officials systematically failed to investigate claims, refuse to participate in investigations and prosecutions, and ignore the contempt court orders of court attempting to force their participation in proceedings concerning human rights claims.It also highlights the government's disregard to its own standards governing detention, refuses to honour court orders, quashing detention, and exploits procedural impediments to avoid presenting detainees in the court. The Lowenstein Clinic report analyzes whether the Kashmiri judicial system operates in accordance with international human rights standards. It has exposed the urgent need for heightened attention to the shortcomings of the Kashmiri legal system.The report was prepared by a team of students of Allard K. Lowenstein International Human Rights Clinic produced at the request of the Jammu Kashmir Coalition of Civil Society.

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