INDIA: Murder, assault, torture, failure of rule of law and intimidation

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-073-2006
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding continuing human rights violations in Manipur, India. The local police and the army under the cover of the draconian Armed Forces (Special Powers) Act, 1958 is engaged in brutal acts and their deeds are left unchallenged in all impunity. In a series of incidents reported from Manipur at least two persons have been jailed on false charges, a family has been beaten and an entire village have been threatened, since they dared to speak about restoring peace in the community.

Case number 1

On 20 February 2006 in an encounter between police and the prohibited People’s Liberation Army (PLA) at Thoubal Market, four police commandos, including a highly-decorated Inspector Mr. Nongthombam Lokhon Singh and a sergeant of the PLA, Mr. Khundrakpam Romen alias Bikash were killed.

The four slain commandos were given full state honours in a ceremony held at the 1st Battalion Manipur Rifles parade ground on 21 February. The Chief Minister of Manipur, his cabinet colleagues, top state police and civilian officials as well as representatives of the central security forces offered wreaths. Gun salutes were offered and two minutes silence was also observed.

On the same day the dead body of Bikash was also brought back home after an autopsy. Many of Bikash’s friends and relatives gathered at his home and cremated his body according to the Meitei rituals (local rituals of the community). But at around 4.30 p.m. police commandos came in four jeeps, barged into the house where the relatives and friends were mourning and started beating Bikash’s relatives. His brothers and sisters sustained serious injuries. They are:

(1) Mr. Khundrakpam Lukhoi alias Binodkumar. (2) Mr. Khundrakpam Debata (3) Mr. Khundrakpam Bimol (4) Ms. Khundrakpam Sunibala and (5) Ms. Khundrakpam Abeyai alias Debla

The commandos reportedly ordered the family not to complete the last rites for Bikash, warning that if the family defied their orders a second member of the family would be killed. They also demanded Rs. 100,000 (US$ 2272) allegedly being kept by a woman in the house. Ms. Maibam Naobi, a friend of Bikash, was resting inside his house when the commandos broke in. She was questioned, grabbed by her hair and dragged out of the house by the commandos. Mrs. Khundrakpam Ruhini (Bikash’s mother) pleaded that Maibam was innocent. But the elderly lady was also beaten up. Naobi was then taken away in the police jeep. No arrest memo was issued, as is required by the law.

Further follow-up of the case:

February 22, 2006: The local community along with Naobi’s students and colleagues went to Thoubal Police Station and identified Naobi as an innocent teacher and a law abiding citizen. A petition was filed with the Manipur Human Rights Commission (MHRC) by Ms. Khundrakpam Debala Devi, pleading to prevent further inhumane torture and harassment of the family and friends of Naobi. The MHRC registered a case, number 6 of 2006, and asked the Government of Manipur to submit a report to the commission on February 27, 2006.

Two members of MHRC, Mr. R.K. Rajendro and Mr. Ng. Nongyai, visited Bikash’s family and instructed the Officer-in-charge (OC) of the Thoubal Police Station to provide security to the family until the last rites of Bikash have been performed. In MHRC’s inquiry into Naobi’s arrest, the OC stated (before the media) that no case is framed as there is no report of the arrest.

February 23, 2006: Naobi was produced before the Chief Judicial Magistrate, Thoubal and was later remanded to police custody for 9 days. According to her lawyer she was visibly weak and dizzy indicating severe physical and mental torture. She was wearing a new shirt as the original shirt had allegedly been torn by the police, raising serious concerns of possible sexual harassment.

According to the police report Naobi was arrested on 22 February 2006 at 8.00 p.m. (even though she was actually arrested around 4.30 p.m. on 21 February 2006) from the courtyard of Bikash. She was charged with being “an associate of the party who ambushed the OC and commandos” and being the “girl friend of Bikash”. A First Information Report (FIR) bearing number 25(2)06 of Thoubal Police Station under Section 20 of Unlawful Activities (Prevention) Act 2004 is registered against her.

On 24 February the commandos again came to Bikash’s house when the family was observing religious ceremonies mourning Bikash’s death and arrested two young men who were present there. When the women in the locality gathered around the police inquiring why the youngsters were arrested the police fired teargas shells to disperse the crowd. The police has threatened that anyone who try to interfere with them and whoever inquires why they arrest people will be also taken into custody and would face similar fate as Bikash.

Case number 2:

On 10 February 2005, in a raid conducted by the security forces during the early morning, Mr. Pechimayum Yaima Singh and Ms. Leimapokpam Bilashini, were picked up by Imphal East Police Commando, had false charges pressed against them and are presently being detained at the Sajiwa Jail. Both Yaima and Bilasini are members of the Joint Action Committee (JAC) constituted against the custodial killing of Mr. L. Premananda, who was killed in a fake encounter by the police commando of Imphal East.

25-year old Premanda was picked up by the Manipur Police Commando, Imphal East on 30 January 2006 from Nongpok Sanjenbam Road and was shot at Manging, Sabal Leikai Kshetrigao, Imphal East District. The motive of killing Premananda is alleged to be to rob Rs. 85,000.00 (US 1931) which Premananda had with him while he was taken into custody.

On 31 January 2006 the local people who formed the JAC submitted a memorandum to the Chief Minister of Manipur stating that Premananda was killed by the police deliberately after arresting him. They demanded that the perpetrators be terminated and to return the belongings of Premanda , within 48 hours. This never happened. Moreover, Premananda’s mother, Mrs. L. Subadani Devi lodged a complaint with the Imphal East police Station, but the police had apparently turned down the request. When Premananda’s body was returned to the JAC they refused to accept the body until the Government gave a clear commitment to punish the perpetrators. But on 5 February 2006 the Government of Manipur declared the dead body of Premananda as an unidentified body and cremated it under tight security.

The JAC has launched a non-cooperation movement against the Manipur Government demanding punishment of the police involved in the killing of Premananda. Many government offices were burnt down by an agitated mob in Imphal East.

It was allegedly in connection with this protest that a police team led by Inspector Mr. Mubi Singh came to Kongpal and picked up Yaima and Bilasini from their house. They were detained at Porompat police station and a case was registered against them (no. 31(2)06) of Porompat Police Station under Sections 436, 427, 34 Indian Penal Code and Section 4, Prevention of Damage to Public Property Act, 1984. The same day they were remanded to judicial custody and lodged in the Sajiwa Jail.

The families of the detainees are under extreme fear that the detainees may be killed and the case may be closed as yet another case of encounter killing or shooting while trying to escape.

Case number 3:

On 30 January 2006, the All Yairipok United Clubs’ Organisation (AYUCO) organized a public meeting at the Andro Kangjeibung ground, Imphal East District on the theme Manipur-India Muknabagi Wakheinabada Manipur Meeyamgi Apamba (The Wish of Manipuri People on Resolving the Manipur-India Conflict). The peaceful meeting endorsed the proposal of the United National Liberation Front (UNLF) to hold a plebiscite to resolve the Manipur-India politico-military conflict under the aegis of the United Nations.

The next day Major Mr. Girish P. along with 20 Assam Rifles personnel stationed at Loupaochum near Andro village came down to the village and harassed and intimidated the villagers by questioning the villagers at gun point and also beating up many villagers.

The Scheduled Caste village of Andro is around 24 kilometers from Imphal across the Ngariyan Hills but it remains relatively isolated due to poor transport and communication facilities. Mr. Asheibam Nandakumar, an active student leader of the Andro community, visited a local human rights organisation on 19 February and narrated his story which is posted below.

On 31 January 2006 at about 4.00 p.m. I was shocked to find my house surrounded by some twenty soldiers from the 20 Assam Rifles and Major Girish P. speaking to Mr. Thangjam Samanada, Secretary of Young Farmer’s Club, Huikap village in front of his gate. The Major summoned me and asked my name and checked for other members of my family and wanted to know what I was doing. But when I said that I was studying for my BA, he ridiculed me by asking why I am studying.

The Major walked into my courtyard and ordered his soldiers to thoroughly search my house. Three soldiers went inside the house and thoroughly ransacked the entire house, including the family barn. My mother, who was the only other person in the house, was shivering in fear all through. The soldiers came back to the courtyard and reported to the Major that nothing incriminating was found.

The Major told me that I should report any movement of insurgents to him and that I should visit the Assam Rifles Camp regularly and asked if I agree. I was warned that I must follow what I have been told.

Later the army officers went to the Chairperson of Andro Nagar Panchayat, Mr. Leishungbam Lukhoi and asked the details of the meeting of the previous day. He was told to submit a detail report including who organized the meeting, who all spoke and what was spoken. Lukhoi denied any knowledge as politicians were not invited in the meeting. But the officers insisted that he should know what is happening at his place.

On 4 February 2006 Samananda was again summoned to the 20 Assam Rifles camp at Andro Loupaochum and questioned why he was at the Nadakumar’s gate on 31 January 2006. Samananda told them that he was there to discuss the irregularity of the schedule of the bus which was plying through their route and as I was the secretary of Eastern Scheduled Caste Students’ Union I may be able to help him on this issue. The officers told him that they suspect me to be linked with the insurgents. Samananda, who is also the teacher of Unified Brother’s English School, dropped by at my house on the way to his school on Monday, 6 February 2006, and cautioned me that the Army suspects me to be a linked with the insurgents and that I am in danger. I am afraid and I am not sure what would happen to me next.

The entire villagers are in fear, thinking that the army will come again soon and will pick persons at random and may even kill a few to force the others not to voice anything related to the presence of the armed forces in Manipur.

The AHRC in the past has raised concerns about the situation in Manipur. The army and local police acts with complete impunity under the Armed Forces (Special Power) Act, 1958. This Act, though enforced to curb the insurgent activities in Manipur, is misused by the army and the police. Almost all cases of gross atrocities committed against ordinary innocent civilians go without any investigation, even if a case is registered against the army officers by the local police. In fact the local police are also afraid of the army.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concerns over the afore-mentioned violations and general human rights crisis in Manipur.

Suggested letter:

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ______________,

INDIA: Continuing human rights violations in Manipur

Name of the victims:

(1) Mr. Khundrakpam Lukhoi alias Binodkumar
(2) Mr. Khundrakpam Debata 
(3) Mr. Khundrakpam Bimol 
(4) Ms. Khundrakpam Sunibala 
(5) Ms. Khundrakpam Abeyai alias Debla
(6) Ms. Maibam Naobi
All residents of Imphal East District under the jurisdiction of Yairipok police station, Manipur, India
(7) Mr. Pechimayum Yaima Singh, son of Mr. Pechimayum Acoubi, residing at Kongpal Khaidem Leikai, Imphal East District, Manipur, India
(8) Ms. Leimapokpam Bilashini, wife of Mr. L. Praphalo, residing at Kongpal Kshetri Leikai, Imphal East District, Manipur, india
(9) Mr. Asheibam Nandakumar, son of late Mr. Kriti Singh, Andro Mamang Leikai, Imphal East District, Manipur, India

Alleged perpetrators: (1) Police Officers from of Commando Unit, Thoubal Police Station 
(2) Officers from the 20 Assam Rifles
 
Date of incident: On 31 January, 10 February and 20 February 2006

Place of incident: Imphal East District, Manipur, India

I am writing to you to express my concern about the grave and massive human rights violations taking place in Manipur, due to the presence of the 24 Assam Rifles. I am shocked to learn that the locals are under extreme fear due to the atrocities committed by the officers attached to the army.
I am informed that the officers from the unit on a regular basis molest, arrest, murder and threaten people under the pretext of providing cover and protection to the local police against insurgents. I am shocked to learn about three cases reported recently from Manipur where the army officers have assaulted locals or tortured them.
It appears that the local police are scared to initiate action against army officers. I am also aware that the army takes refuge under the provisions of the Armed Forces (Special Powers) Act, 1958 and that the Act is implemented in Manipur with an absolute lack of civilian oversight.
Army officers enjoy complete impunity concerning all the atrocities that they commit. I am also informed that there are no practical means by which the atrocities committed by these officers can be challenged in accordance with law.
I urge you to immediately order an impartial inquiry into the alleged atrocities committed by the armed forces stationed in Manipur. I also urge you to take necessary steps through your office so that the victims receive appropriate compensation and also that the Armed Forces (Special Powers) Act, 1958 is withdrawn forthwith from Manipur or at least its implementation is brought under civilian oversight.
Yours sincerely,

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PLEASE SEND A LETTER TO:

1. Mr. Manmohan Singh
The Prime Minister of India
Prime Minister’s Office
Room number 152, South Block
New Delhi
INDIA
Fax: 91 11 23016857

2. Mr. Okram Ibobi Singh
The Chief Minister of Manipur
Chief Minister’s Secretriat
Babupara, Imphal, Manipur
INDIA
Fax: 91 385 2221817 
Email. cmmani@hub.nic.in

3. Justice Mr. Y. K. Sabharwal
The Chief Justice of India
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: 91 11 23383792

4. Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in

5. Mr. L. P. Gonmei
Commissioner, Civil Secretariat
Imphal, Manipur
INDIA
Fax: 91 385 2311793

6. The Chairperson
Manipur State Human Rights Commission
Courts Complex
Lamphelpat, Imphal, Manipur
INDIA
Fax: 91 385 410472

7. Lt. General Mr. Bhopinder Singh
Director General Assam Rifles
HQ DGAR, Assam Rifles
Shillong, Meghalaya
INDIA
Email: hqdgar@hotmail.com

8. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Attn: Lydie Ventre 
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org

10. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org


Thank you
Urgent Appeals Programme (ua@ahrchk.org) 
Asian Human Rights Commission (ahrchk@ahrchk.org)
Document Type : Urgent Appeal Case
Document ID : UA-073-2006
Countries : India,
Issues : Torture,