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Review AFSPA, decrease presence of Security forces
5/25/2012 6:21:17 AM

NEW DELHI: The interlocutors' report on Jammu and Kashmir has recommended review of the controversial Armed Forces Special Powers Act (AFSPA) in the state and said the Defence Ministry needs to consider how to respond "positively" to the issue.
The 176-page report of the interlocutors--Dileep Padgaonkar, Radha Kumar and M M Ansari--which was made public today, also suggested decrease in the presence of security forces from residential areas and vacation of properties used by them to pave way for locals to carry out socio-economic activities.
The report sought amendments in the Public Safety Act (PSA) which gives sweeping powers to security forces to detain people on grounds of propagating or attempting to create feelings of enmity or hatred or disharmony in the state.
"The group's impression is that AFSPA is more the symbol of a problem than its cause. But symbols are important for peace processes, and thus the Ministry of Defence needs to consider how to respond positively to this issue rather than negatively...
"Security arrangements, especially in relation to the Disturbed Areas Act (DA) designation, need to be reviewed and a decision taken on AFSPA. The PSA should be amended," the report recommended.
It suggested improvements in police-community relations and "rationalisation of security installations through reducing their spread to a few strategic locations and creating mobile units for rapid response."
The report said human rights and rule of law improvements, such as ending or limiting curfew, release of youths and political detenus with minor charges, sparing use of the PSA and/or its amendment, had not happened within the time frame as hoped by it.
"While the state government and the Army have in the past appeared to have been at cross purposes on the DA and AFSPA, including troops redeployment, the Army's decision to emphasise human rights and a healing touch have helped bridge a gap.
"Prompt action after a youth was mistakenly killed in Sopore in an Army cordon operation earlier this year indicated fresh commitment to discipline. The statement by General Officer Commanding (GOC), Kashmir that the Army will continue to review troops' dispositions has also been a CBM," the report said.
"In the same vein, the prompt action to investigate and punish the guilty that was taken after the custodial death in Sopore in July 2011 is an indication of the changing attitude of the police. However, much remains to be done in terms of police reforms," the interlocutors said.
The report suggested release of 'stone-pelters' and political prisoners against whom there were no serious charges, withdrawal of FIRs against those who were first-timers or minor offenders and amnesty for militants who renounced violence and their rehabilitation.
It said there should be rehabilitation of all victims of violence and reduction of the intrusive presence of security forces and constant review of the implementation of various Acts meant to counter militancy as a CBM for credible dialogue for resolution.
"Our attention was also drawn to the continuing arrest of youth and the indiscriminate use of PSA against them. Though most of them are speedily released, they have FIRs against them. The Legislative Assembly could consider whether amendments to restrict the use of the PSA are required," the interlocutors said.
"Moreover, in a number of residential areas, the forces continue to occupy prime land, which is required to accommodate expanding urban population, including for providing urban infrastructure.
"The presence of forces in residential areas is indeed a major irritant among the local communities. It is urgent, therefore, to get early vacation of such properties by the security forces and armed forces to enable the people to enjoy freedom of movement in business and residential areas and to utilise the buildings for carrying out various socio-economic activities," it added.
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