'Disproportionate' use of force against PoK protesters, polls not credible: Pakistan's human rights body

Lahore: Pakistan's human rights body has said the state resorted to "disproportionate use of force" against protesters in the PoK and raised serious questions about the credibility of the electoral process marred with violence and allegations of massive rigging.

A report by the fact finding mission of the Human Rights Commission of Pakistan (HRCP) released on Saturday attributed the unrest in Pakistan-occupied Kashmir (PoK) to longstanding political and socio-economic grievances, institutional distrust and governance deficits.

Also read: Iftikhar Gillani elected PoK PM after polls marred by protests, rigging claims


"An increasingly confrontational state response, including the disproportionate use of force has further deepened polarisation and eroded public trust," the HRCP said and added its mission received sharply conflicting accounts about the scale of violence and the conduct of security forces.

Elections to 45 seats to the so-called PoK legislative assembly were held in three phases from July 27 to August 10.

The banned Joint Awami Action Committee (JAAC), which had been holding a series of protests in PoK since June over the contentious 12 refugee seats, has alleged that the establishment manoeuvres these seats to install a prime minister, to lead the so-called government in PoK, of its choosing.

After negotiations between the government and JAAC failed on May 30, the Kashmir government proscribed the organisation on June 5 under an anti-terrorism act.

According to the JAAC, over 40 people were killed during the first phase of polls held on July 27. Besides, it claims that some 400 protesters have been killed since the first week of June, a claim refuted by the federal government.

The HRCP expressed particular concern at the allegations of "lethal and excessive" use of force against protesters and said it received multiple accounts from families, alleging that a number of protesters had been killed or seriously injured by the security forces. The Kashmir police chief had reported around 38 security personnel killed since June, it added.

"We could not independently establish the full scale or circumstances of civilian casualties, particularly because the team was unable to access Rawalakot, one of the main centres of violence," the commission said and called for an independent and impartial investigation into all deaths and serious injuries since June, including "whether the use of force was lawful, necessary and proportionate."

Also read: Geopolitics blinds world to POK unrest

The report also raised concerns at the government's use of anti-terrorism and preventive-detention provisions against political activists.

"Heavy deployment of security personnel, prolonged communications restrictions, boycott by major political actors, phased polling and postponement of seven constituencies raised wider questions about the credibility of the electoral process," the HRCP report said about the polls in PoK.

India maintains that the entire Union Territories of Jammu & Kashmir and Ladakh are its integral and inalienable parts. New Delhi also asserts that Pakistan has been in "illegal and forcible occupation" of parts of these Union Territories.

India on August 4 described the so-called local body elections in PoK a "complete farce," asserting that such "hollow" exercises cannot hide the ground reality in the region.

The Ministry of External Affairs (MEA) strongly criticised Pakistan's crackdown on protesters in PoK and said the international community should see through the "flimsy veneer" of Islamabad's "hypocritical lecturing" on human rights.

"This so-called local election in PoK is a complete farce. The real happening is that of public protests and wanton killings by Pakistani forces. Such hollow exercises cannot hide reality," MEA spokesperson Randhir Jaiswal said at a regular media briefing.

The HRCP report called for independent review of cases against protesters, activists, journalists and political workers, with cases withdrawn where individuals had been detained or prosecuted solely for peaceful political activity or lawful assembly.

It also chided restrictions on journalism and access to information, saying journalists had faced arrests, legal action, restrictions on access to affected areas and special security requirements while the prolonged communications shutdown severely constrained independent reporting and verification of deaths, injuries, arrests and alleged electoral irregularities.

"The communications shutdown went far beyond political activity, disrupting banking, education, commerce, transport, public administration and healthcare," it said.

There are 53 seats in the so-called PoK legislative assembly - 45 are directly elected, while eight are reserved for women, technocrats and clerics.

Elections to seven of the 45 directly elected seats - five in Poonch district and two in Sudhnoti district - could not be held due to law and order situation.

The 38 members elected directly participated in the elections of eight reserved seats.

Prime Minister Shebaz Sharif led Pakistan Muslim League-Nawaz (PML-N) now has 31 of the current 46 seats while its coalition partner at the federal level, the Pakistan People's Party (PPP) has 14 seats. A lone Awami Dast-o-Bazu Party winning member has also allied with the PML-N.

PML-N's Barrister Iftikhar Gillani, who was defeated by a PPP candidate in Muzaffarabad-III general election but later got elected on a technocrat seat, has been elected as the Prime Minister of PoK.

The PML-N, particularly its founding chair Nawaz Sharif, is facing immense criticism from all quarters, including his party members, for selecting a defeated candidate to head the government in PoK.