The Indian chapter of Amnesty International (AI) has urged the authorities in Jammu and Kashmir to promptly bring those suspected of “criminal responsibility in the deaths of those killed in firing by security forces in 2010” to trial in fair proceedings. “Authorities in Jammu and Kashmir have an obligation under national and international law to conduct prompt and thorough investigations into the deaths. Delayed, partial or incomplete investigations violate the rights of the victims’ families to effective remedy and accountability, and contribute to the prevailing climate of impunity in J&K,” an AI statement said while demanding reopening of investigation into the death of a 17-year-old boy Tufail Mattoo allegedly killed by police personnel on June 11, 2010.
Mattoo’s death triggered a string of killings and triggered an uprising in Kashmir valley. More than a hundred civilians, mostly teenage protesters and bystanders, were killed in the security forces’ action to quell the uprising that continued through the entire summer.
Mattoo was hit by a tear-smoke shell as he walked home from a tutoring session for school. Mattoo’s father Muhammad Ashraf attempted to file a complaint reporting the killing of his son at the local police station the same day, but police officials refused to register the complaint, AI said.
The family approached a local court in July 2010, which directed the police to register the incident and carry out an investigation. In July 2011, the family went to the J&K High Court to question the delay in the investigation. The court directed a special police team to investigate the incident.
In November 2012, after more than a year, the police team submitted a case closure report to a Srinagar trial court, without informing the Mattoo family, saying that the perpetrators of the crime were “untraceable.”
The closure report said there was insufficient evidence available to identify Mattoo’s killers. The report also stated that Mattoo’s death was the result of being struck in the head by a stone, not a tear gas shell. When the Mattoo family learned about the police report, they challenged the closure of the investigation before the J&K High Court. The family said the investigation disregarded crucial evidence and eyewitness testimonies, including a post-mortem report submitted by a team of doctors stating that the cause of death was a tear gas shell.