Dear friends,
The Asian Human Rights Commission (AHRC) has received information from human rights activists based in North East India regarding the arbitrary arrest of two persons by fabricating charges in connection with the killing of human rights defender Mr. Manoj Konwar. Mr. Manoj Konwar was working with Assam based human rights organization Manab Adhikar Sangra Samiti (MASS). He raised his voice against rights violations by state forces and illegal coal mining.
CASE NARRATIVE:
On October 6, 2013 at around 2:30 p.m., two constables from Tingalibam Outpost, Sonari, arrived on a motorbike at the residence of Mr. Pranob Hazarika, 39 years. Mr. Hazarika, the son of Mr. Durgadhar Hazarika, and living in Kanubari Balijan grant Village, Police Station Sonari, Post Office Ouguri Shyam, District Sibsagar, Assam, is an activist with Manab Adhikar Sangram Samiti (MASS). He was served a Central Investigation Department (CID) notice by the constables to appear before it’s officers stationed at Sonari Inspection Bungalow the next day, for interrogation regarding the killing of another activist of MASS, Mr. Manoj Konwar. Mr. Konwar was killed last year on September 22, 2012, allegedly by the police.
Two police constables also visited Mr. Ramen Konwar’s residence. Mr. Ramen Konwar, 25 years, is the son of Mr. Rikheswar Konwar, and lives in Lukhurakhan Village, which falls under the jurisdiction of Sonari Police Station as well. He was served a similar notice to appear at the Inspection Bungalow at Sonari for interrogation by CID officials. Mr. Ramen Konwar is a relative of Manoj Konwar. On the next day, when Mr. Ramen Konwar and Mr. Pranob Hazarika reached the Inspection Bungalow at Sonari, both of them were interrogated for a prolonged period by Mr. Debaraj Upadhaya, Guwahati-based Special Superintendent of Police of CID. It is alleged that the CID officers pressured both the men to admit that Mr. Konwar was killed by members of United Liberation Front of Assam (ULFA, an Assam based insurgent group). It is alleged that on refusal, CID filed a fabricated case against them in Sonari Police Station under section 302 of Indian Penal Code read with Section 259(i)(A)/27 of Arms Act read with Section 10/13 of Unlawful Activities (Prevention) Act. Sonari Police followed suit by arresting both of them and sending them to jail.
It is also mentionable that Mr. Pranob Hazarika, was one of the leading activists who was campaigning for justice for Mr. Konwar. Earlier, he too had been allegedly falsely charged for sharing a nexus with the ULFA by Sonari Police under sections 122(B)/121(A)/122 Indian Penal Code read with Section. 3 read with 10/13 Unlawful Activities (Prevention) Act and was sent to jail on 18th February 2013.
Human rights activists in Assam have alleged that Mr. Pranob Hazarika and Mr. Ramen Konwar have been arrested on fabricated charges so the police can hide its own involvement in the murder of Mr. Manoj Konwar.
ADDITIONAL INFORMATION:
The Women in Governance Network of Assam has provided the following background information related to the case:
On September 21, 2012, at around 9:30 a.m., Mr. Manoj Konwar was getting ready to shop in a local market for the wedding ceremony of a relative. At that moment, a group of police officers, along with a commando group called ‘Black Panther’, arrived at his house and asked for the direction to Mr. Ramen Konwar’s residence. Manoj provided them the information they asked for and the team also had tea in his house. Later, Manoj informed his family that the police were asking for his help to capture some ULFA activists, who they say are about to come down from the nearby hillside. Soon after that Manoj left for the local market on a bicycle. Meanwhile, the ‘Black Panther’ team met Mr. Ramen Konwar and also talked to his father Mr. Rikheswar Konwar for some time. In the evening, when it was dark, members of the ‘Black Panther’ team were seen loitering in the area. The family of Manoj decided not to go out due to fear. Next day, on September 22, 2012, at around 8 a.m., the family came to know from a journalist that Mr. Manoj Konwar had been killed. His dead body was found in a paddy field nearby, called Ouguri Pathar near Kharkhuwa Road. The dead body carried eight bullet injuries and his head was soiled.
On September 26, 2012, the family filed an FIR at the police station. It has been alleged by the family that on September 30, 2012, the police approached them with an offer of compensation of 700000 INR (approximately 1120 USD). It is also alleged by the family that the postmortem was not done as per the guidelines and no recording was done. Manoj’s brother, Mr. Purnananda Konwar, has said that as a family member, he, along with Mr. Avani Gogoi, Secretary of Village Defense Party, a local vigil group, went to file an FIR at the Sonari Police station where he was asked to submit an FIR. Since he was emotionally devastated, Mr. Avani Gogoi wrote the FIR as dictated by a police personnel. However, he was also asked to sign in a blank paper on the pretext that there are mistakes in his FIR. The police registered a case under section 302 Indian Penal Code read with 25(1) (A)/27 of Arms Act and 10/13 of Unlawful Activities (Prevention) Act. The case made ULFA activist Rupantar Kakoty and Ganesh Lahon as accused on the basis of the FIR.
Because of his activities as a whistleblower in Sonari, the police had earlier threatened Mr. Manoj Konwar with dire consequences if he did not desist from his rights activities. Earlier Mr. Manoj Konwar was arrested several times in 2010 and also in 2012. The family believes that the police are involved in the killing of Mr. Manoj Konwar.
It must be noted here that the Assam police members actively took part in carrying out a series of secret killings in the state in between 1998 to 2004. An enquiry commission headed by retired justice Mr. K.N Saikia revealed active police roles in carrying out secret killings of civilians in the state under the pretext of countering insurgency. However, no accountability has been fixed and nobody has been prosecuted for the same. A culture of impunity for torture and brutality by the police prevails in the state.
SUGGESTED ACTION:
1. Urge authorities to order impartial investigation into the murder of Mr. Manoj Konwar.
2. Urge authorities to compensate the family.
3. Urge authorities to release Mr. Pranob Hazarika and Mr. Ramen Konwar.
4. Urge authorities to investigate the role of police and CID officials in the harassment and intimidation of Mr. Pranob Hazarika and Mr. Ramen Konwar.
The AHRC will send a separate letter to the UN Special Rapporteur on Extrajudicial Executions and UN Special Rapporteur on Human Rights Defender to intervene in the matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Assam police fabricate charges over the murder of rights activist
Name of victim: Mr. Pranob Hazarika, 39 years old and Mr. Ramen Konwar, 25 years old
Names of alleged perpetrators: Assam Police
Date of incident: October 6, 2013
Place of incident: Sonari, Assam
I am writing to voice my deep concern regarding the arrest of Mr. Pranob Hazarika and Mr. Ramen Konwar. On October 6, 2013 at around 2:30 p.m., two constables from Tingalibam Outpost, Sonari, arrived on a motorbike at the residence of Mr. Pranob Hazarika, 39 years. Mr. Hazarika, the son of Mr. Durgadhar Hazarika, and living in Kanubari Balijan grant Village, Police Station Sonari, Post Office Ouguri Shyam, District Sibsagar, Assam, is an activist with Manab Adhikar Sangram Samiti (MASS), an Assam based human rights organisation. He was served a Central Investigation Department (CID) notice by the constables to appear before it’s officers stationed at Sonari Inspection Bungalow the next day, for interrogation regarding the killing of another activist of MASS, Mr. Manoj Konwar. Mr. Konwar was killed last year on September 22, 2012, allegedly by the police.
Two police constables also visited Mr. Ramen Konwar’s residence. Mr. Ramen Konwar, 25 years, is the son of Mr. Rikheswar Konwar, and lives in Lukhurakhan Village, which falls under the jurisdiction of Sonari Police Station as well. He was served a similar notice to appear at the Inspection Bungalow at Sonari for interrogation by CID officials. Mr. Ramen Konwar is a relative of Manoj Konwar. Next day, when Mr. Ramen Konwar and Mr. Pranob Hazarika reached the Inspection Bungalow at Sonari, both of them were interrogated for a prolonged period by Mr. Debaraj Upadhaya, Guwahati-based Special Superintendent of Police of CID. It is alleged that the CID officers pressured both the men to admit that Mr. Manoj Konwar was killed by members of United Liberation Front of Assam (ULFA, an Assam based insurgent group). It is alleged that on refusal, CID filed a fabricated case against them in Sonari Police Station under section 302 of Indian Penal Code read with Section 259(i)(A)/27 of Arms Act read with Section 10/13 of Unlawful Activities (Prevention) Act. Sonari Police followed suit by arresting both of them and sending them to jail.
It is also mentionable that Mr. Pranob Hazarika, was one of the leading activists who was campaigning for justice for Mr. Konwar. Earlier, he too had been allegedly falsely charged for sharing a nexus with the ULFA by Sonari Police under sections 122(B)/121(A)/122 Indian Penal Code read with Section. 3 read with 10/13 Unlawful Activities (Prevention) Act and was sent to jail on 18th February 2013.
Human rights activists in Assam have alleged that Mr. Pranob Hazarika and Mr. Ramen Konwar have been arrested on fabricated charges so the police can hide its own involvement in the murder of Mr. Manoj Konwar.
The Women in Governance Network of Assam has provided further background information related to the case:
On September 21, 2012, at around 9:30 a.m., Mr. Manoj Konwar was getting ready to shop in a local market for the wedding ceremony of a relative. At that moment, a group of police officers, along with a commando group called ‘Black Panther’, arrived at his house and asked for the direction to Mr. Ramen Konwar’s residence. Manoj provided them the information they asked for and the team also had tea in his house. Later, Manoj informed his family that the police were asking for his help him in capturing some ULFA activists, apparently about to come down from the nearby hillside. Soon after that Manoj left for the local market on a bicycle. Meanwhile, the team of ‘Black Panthers’ met Mr. Ramen Konwar and also talked to his father Mr. Rikheswar Konwar for some time. In the evening, when it was dark, members of the ‘Black Panther’ were seen loitering in the area. The family of Manoj decided not to go out due to fear.
On the next day, on September 22, 2012, at around 8 a.m., the family came to know from a journalist that Mr. Manoj Konwar had been killed and that his dead body had been found at the nearby paddy field called Ouguri Pathar, near Kharkhuwa Road. The dead body carried eight bullet injuries and his head was soiled. On September 26, 2012, the family filed an FIR at the police station. It is alleged by the family that on September 30, 2012, the police approached them with an offer of compensation of 700000 INR (approximately 1120 USD). It is also alleged by the family that the postmortem was not done as per the guidelines and no recording was done.
Manoj’s brother, Mr. Purnananda Konwar, has said that as a family member he, along with the secretary of a local vigil group, Mr. Avani Gogoi, went to file FIR at the Sonari Police station. Since he was emotionally shattered, Mr. Avani Gogoi wrote the FIR as dictated by a police personnel. However, he was also asked to sign a blank paper on the pretext that there being mistakes in his FIR. Police registered a case under section 302 Indian Penal Code read with section 25(1) (A)/27 of Arms Act and 10/13 of Unlawful Activities (Prevention) Act and made ULFA activists Rupantar Kakoty and Ganesh Lahon as accused on the basis of the FIR.
As a result of his activities as a whistleblower in Sonari, the police had earlier threatened Mr. Manoj Konwar with dire consequences if he did not desist from his rights activities. Mr. Manoj Konwar was even arrested several times in 2010 and also in 2012. The family believes that the police are involved in the killing of Mr. Manoj Konwar.
It must be noted here that the Assam police actively took part in carrying out a series of secret killings in the state in between 1998 and 2004. An enquiry commission headed by retired justice Mr. K.N Saikia revealed active police roles in carrying out secret killings of civilians in the state under the pretext of countering insurgency. However, no accountability has been fixed and nobody has been prosecuted for the same. A culture of impunity for torture and brutality by the police prevails in the state.
I, thereby,
1. Urge authorities to order impartial investigation into the murder of Mr. Manoj Konwar.
2. Urge authorities to compensate the family.
3. Urge authorities to release Mr. Pranob Hazarika and Mr. Ramen Konwar.
4. Urge authorities to investigate the role of police and CID officials in the harassment and intimidation of Mr. Pranob Hazarika and Mr. Ramen Konwar.
Yours sincerely,
___________________________
PLEASE SEND YOUR LETTERS TO:
1. Giri Kanta Deka
Circle Secretary
Assistant Superintendent, Posts
Speed Post Sorting Hub Guwahati-
Tel.: +91-361-2541293, +91-361-2636322
Email:gkdindiapost@gmaiol.com
2. Chief Minister of Assam
Dispur, Guwahati, Assam
Tel.: +91-361-2262222, +91-361-2266188
Fax: +91-361-2262069
Email: cmtarungogoi@gmail.com
3. Assam State Police Accountability Commission (ASPAC)
105 BK Kakati road
Ulubari, Guwahati- 781007
Assam, India
Tel.: +91-361-2462407
Email: aspolacct@gmail.com
4. Assam Human Rights Commission
STATFED HO Building
Bhangagarh, Guwahati
Pin – 781 005 (Assam)
Tel.: +91-361-2529450 / +91-361-2527076
Email: secy-ahrc@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
