- SRINAGAR: Indian authorities detain hundreds of people each year in Kashmir without charges or trial to "keep them out of circulation," according to Amnesty International in a report released here on Monday.
The international organization called India's Public Safety Act a “lawless law” that is used to indefinitely detain suspected militants and even minors. The PSA, which was enacted in 1978, allows detention without trial for up to two years.
"The PSA is used to secure the long-term detention of individuals against whom there is insufficient evidence for a trial," said the report. “Estimates of the number detained under the PSA over the past two decades range from 8,000 to 20,000, with 322 reportedly held from January to September 2010 alone."
Detainees that have been held without trial for extended period of time under the PSA include political leaders and activists, suspected members or supporters of armed opposition groups, lawyers, journalists and protesters, including children.
"Often, they are initially picked up for ‘unofficial’ interrogation, during which time they have no access to a lawyer or their families,” the report stated.
“Despite this apparent shift in the nature of the unrest, Jammu and Kashmir authorities continue to rely on the PSA rather than attempting to charge and try those suspected of committing criminal acts," said Sam Zarifi, Amnesty International's Asia-Pacific Director.
Those being held have no access to legal representation and cannot challenge their detention in any meaningful way. Once released, they cannot seek any redress or compensation for the wrongful detention they have endured and virtually never receive justice for the torture and ill-treatment.
Amnesty International has recommended that the government repeal the PSA and release all detainees being held under it or give them their day in court. The report also recommends that India "introduce safeguards" so that those in detention are afforded their right to meet with their relatives and legal representatives, as well as receive timely medical treatment when necessary. Detention facilities should not be clandestine, but rather known and recognized as such.
“We welcome the report. We will have to see whether or not the report makes any difference on the ground," said Jammu and Kashmir Coalition of Civil Societies Chairman Parvez Imroze.



