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

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.

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.

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