INDIA: Two human rights activists illegally arrested and tortured in Manipur 

The Asian Human Rights Commission (AHRC) has received information from Human Rights Alert (HRA), a local human rights organization based in Manipur that two human rights activists were illegally arrested, tortured and currently detained in police custody in Imphal, Manipur. Mr. Yengkokpam Langamba Meitei alias Thabi, the Publicity Secretary of the Threatened Indigenous People’s Society (TIPS), Manipur was arrested from his house at about 4am on 23 August 2006. The next day Mr. Leitangthem Umakanta Meitei, the Secretary General of the TIPS and human rights lawyer was also arrested from his house at about 4am. Umakanta is also the spokesperson for Apunba Lup–a collation of 34 human rights organisations working in Manipur.

Facts of the case

On 23 August 2006 officers from the Assam Rifles [a para-military unit stationed in Manipur] accompanied by officers from the Manipur police came to the house of Thabi and wanted to conduct a search. The search team was led by Mr. Jhalajit Singh from the Manipur police. Mr. Singh is also the Sub-Divisional Police Officer (SDPO) of Imphal West. The search revealed nothing. However, Thabi was arrested and taken into custody. It is alleged that the officers have introduced some compact disks as materials recovered from Thabi’s house. An arrest memo was issued under Section 41 of the Criminal Procedure Code.

The next day, at about 4am a police team led by the same SDPO surrounded the house of Umakanta. After his house was thoroughly searched he was also arrested. No arrest memo was given to the family at the time of arrest. Soon after arrest, Umakanta’s wife and younger brother visited him at Imphal City Police Station and an arrest memo was handed over to them at the police station. It is alleged that the time of arrest was shown as 9:30am in the arrest memo. It is also alleged that a First Information Report (FIR) is registered against Umakanta as FIR number 140 (8) 2006 of Porompat Imphal Station under Sections 38 and 39 of The Unlawful Activities (Prevention) Act 1967 [as amended in 2004].

Section 38 and 39 of this Act defines offences relating to membership in terrorist organisations and supporting the activities of such organisations. The offences registered under this Act are non-bailable, and if convicted, guarantee severe punishment like rigorous imprisonment for long periods. It is also alleged that in the arrest memo a police officer Mr. Mohamad Anwar Hussain, Assistant Sub Inspector of the same police station is named as a witness to the arrest. Both victims were produced in the court of the Chief Judicial Magistrate today and have been remanded to police custody till 29 August 2006. It is also alleged that both Thabi and Umakanta were tortured in custody and the Magistrate has failed to record this fact in the proceedings before remanding the victims to further police custody.

Other background information:

Manipur is one of the seven states in the north-east of India where rule of law has deteriorated to such an extent that the armed forces stationed in the state enjoy complete impunity. Statutory impunity is provided to the armed forces by virtue of the Armed Forces Special Power Act which allows anyone to be taken into custody in the name of suspicion. The Act provides such wide powers that even an ordinary soldier stationed in the state can shoot to kill without his or her action being questioned in any tribunal. In addition, various regions in the state and also in various other states in the north-east of India are declared as disturbed areas, where the army and paramilitary are deployed for maintaining law and order. Though their mandate is to provide protection to the local police for maintaining law and order, often the boundaries are crossed in the rules of engagement where literally even the police are under threat from the armed forces.

In the recent past Manipur was in the news after gross human rights abuses including kidnapping, rape and murder were reported from the state. In one incident when a woman was taken into custody by the armed forces, raped and later shot dead, the women in Manipur protested by parading naked in front of the local army headquarters. Though similar incidents attracted media attention, day-to-day life within Manipur, which is always under the shadow of armed officers roaming in the streets kidnapping, torturing, raping and murdering ordinary civilians, is often left unreported. Rape in custody is at such high levels that to prevent the spread of HIV infection within the armed forces the army headquarters have even issued circulars insisting the officers to carry condoms as their standard supply when on regular patrol duty.

Owing to political, geographical and other reasons of national security the north-east of India is always a disturbed region in India. Due to this and also due to the difference of opinion of several communities within the north-eastern states from being considered as a part of India, the region is neglected by the Indian government. Issues ranging from ethnic identity to exploitation of natural resources often prevent any peaceful settlement to the issue. Manipur in the recent past has faced several severe crisis situations where hundreds of lives were lost. Many have disappeared and several tortured to death. Even free reporting of news is under the screening of the armed forces so that none of the incidents of human rights abuses gets reported even in the Indian media. The practical restrictions imposed for free travel within the state and the region for the residents of the state and the statutory restrictions imposed upon other domestic and foreign media provides a complete media blackout in the region. Even the Indian Supreme Court gave up on the people in the region by refusing to intervene when the draconian law ‘The Armed Forces Special Powers Act’ was challenged in the court.

The civil administration also uses the armed forces for threatening and intimidating anyone who entertains a difference of opinion. While the situation within Manipur is already bad, such use of force and authority only serves as counter productive towards any peace process in the state. The incident reported above is one such case which reflects the use of armed forces for similar purpose.

Suggested action

Please write to the relevant authorities listed below voicing your condemnation of the apparent impunity armed officers enjoy in the north-east of India and also to immediately release the victims.

 

 

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