INDIA: A witness to murder by the Assam Rifles is under threat in Manipur

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information from the Human Rights Alert (HRA), a human rights organisation based in Imphal, Manipur state, concerning the threats to life faced by the a witness to torture and murder, committed by the Assam Rifles. On 16 May the Assam Rifles arrested Mr. Pebam Gunendro Singh, a political activist, along with Mr. Loitongbam Satish Singh. Pebam was released after three days, but Satish was allegedly murdered by the Assam Rifles. The Assam Rifles have warned Pebam to remain silent and have implicated him in a false case. Nevertheless he has chosen to lodge a complaint and to approach the High Court. The AHRC believes his life is in danger. 

CASE DETAILS: (According to the victim, his lawyer and a local NGO) 

Below you will find the surviving witnesses account of his detainment and torture in excerpts from an affidavit, received by the AHRC through the HRA. As you will read, Pebam and Satish were taken into custody by the officers attached to the Assam Rifles, a para-military unit stationed in Manipur, on 16 May. They were blindfolded and taken into a remote camp manned by the Assam Rifles. There, they were detained for three days, during which they were threatened and tortured. While Pebam was released from the custody of the Assam Rifles and handed over to the local police it is alleged that Satish was taken out before Pebam was released and shot dead in a fake ‘encounter killing’ (in which police often pretend that the assailant was escaping). 

Pebam has been threatened by the officers with death if he reveals the details of the incident or approaches the court, both of which he has done. After his release officers handed Pebam to the local police, charged with a false case. It is reported that the police, without verifying the facts, registered a case against Pebam and produced him in the court. The court first remanded Pebam to custody, but released him on bail on 23 May. This edited version of the affidavit was prepared by Pebam’s lawyer, who had filed a complaint to the Additional Chief Secretary of the state seeking prompt enquiry and action against the officers involved in the incident, as well as to try and arrange protection, as Pebam fears that he would be killed by the officers. 

The contents of the affidavit provide glaring, disturbing insight to how paramilitary units stationed in Manipur are using their authority to torture and murder innocent persons. This is not the first case that the AHRC and the HRA has issued appeals concerning the atrocities committed by the authorities in Manipur. For an overview about the militarisation in Manipur please visit Special Edition: Militarisation & Impunity in Manipur. 
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To 
The Additional Chief Secretary (Home) 
Government of Manipur 
Manipur Secretariat 
Imphal 

Subject: Request for providing personal security guards in view of threats and intimidations received from certain members of Security forces. 

Sir 

I have the honour to state the following few lines before you for your kind consideration and prompt and positive action at the earliest: 

1. On 16 May 2009, I along with Mr. Loitongbam Satish Singh, aged about 35 years, son of late Mr. Sharat Singh of Singjamei Oinam Thingel, residing under the jurisdiction of Singjamei Police Station, Imphal West District, Manipur went to the Sajiwa Central Jail to meet Satish’s elder brother, Mr. Loitongbam Karunkanta Singh, who was detained in the Central Jail. 

2. On our way back, I was sitting behind Satish as the pillion rider on my scooter. It was around 1:30 pm. On reaching the main road, we were stopped by some officers wearing civilian dress. The officers had come in a bullet-proof white coloured Gypsy (a SUV used by the Assam Rifles). When we stopped the scooter, three officers dressed in camouflage tee-shirts approached us and one of them told us to get inside their vehicle. When we asked why we were asked to accompany them, we were informed that they were under instructions to make some enquires about us and that we should go with them. 

3. Once we were inside the vehicle, we started driving towards Lamlai along the Imphal-Ukhrul road. When the vehicle was about to cross Yorbung village, an officer sitting in the front seat of the vehicle took a cloth, tore it into two pieces, and handed it over to another officer who was sitting beside us. The officer then blindfolded us using the cloth. I could sense that we were driving up-hill for about half hour and reached a place that sounded to be a military camp. The vehicle stopped and we were asked to get out of the vehicle and we were taken inside a room. Before taking us inside the room we were asked to hand over all our personal belongings. I had handed over my voter identity card, driving licence and four hundred rupees to the officers. I only retained my clothes and my wrist watch. Inside the room I was made to sit in a chair. 

4. I am aware of Satish’s presence near me when we were asked to handover our belongings. However, after entering the room I am not sure whether he was with me in the same room. Just after entering the room one officer told me in Hindi not to utter a word and to stay still. I inquired as to who is the commanding officer of the camp and requested to speak to the officer. I informed them that I am a politician and that I was a candidate of Bharatiya Janatha Party (BJP) who had contested the elections from the Naoria Pakhanglakpa Assembly Constituency in the year 2002. I was told that the camp is manned by a Major, and that the officer is not in the camp. I requested the officers to arrange a meeting with the Major once he is back in the camp. The officers agreed to arrange the meeting. Then I heard the officers going out from the room. I heard the door being locked. I heard some women speaking in Hindi outside the room saying that the persons (referring to Satish and myself) are terrorists. 

5. A few minutes later I heard the sound of people walking near the room. I called out asking whether the Major had arrived or not. A person shouted back that the officer has not come. So I asked whether there is are any officers of the rank of a Captain to whom I could speak. For this also I received the reply that there were none around. I then demanded to meet any officer who is in-charge of the camp. For this also I received the reply that none are available. Meanwhile, I heard Satish say that it was too hot and that there are too many mosquitoes. I heard one officer ordering Satish not to speak to me. A few minutes later I asked for drinking water. I was made to get up and move inside the room and was offered a bottle of water. After drinking the water I was made to go back to the chair. I also heard Satish asking for water. 

6. I sought permission to smoke and but it was denied. However, I was allowed to chew khaini (chewing tobacco). I was made to get up from the chair and walk a few steps. The officer offered me chewing tobacco. I again enquired about the availability of an officer to speak to. But once again the answer was none were available. At this time another officer shouted at me ordering me not to speak and to maintain silence. I followed the order and came back to my chair. After offering khaini a couple of times, I was asked by the officer to remove my blindfold and I followed the instructions. I realised that I was in a well lit room and that it had already become dark outside. I saw the officers were standing near a window outside the room. When I moved towards the window, I saw a Manipuri officer wearing a camouflaged uniform with weapons, along with the non-Manipuri officer with whom I was interacting with. The Manipuri officer asked me as to why was I brought to the camp. I told the officer about how we were taken into custody. I also told the Manipuri officer that I am a politician. The officer enquired whether I had any contact telephone number. I told him that I do not have one but informed him that Satish has one and that he should ask him. The Manipuri officer asked the non-Manipuri officer to bring Satish, to the room I was in. The non-Manipuri officer refused to do so. But within a few minutes Satish was brought into the room by other officers for Satish to use the toilet attached to the room I was in. Satish also by then had removed his blindfold. I overheard Satish giving his contact telephone number while he was inside the toilet. The officer who had accompanied Satish also overheard him disclosing his contact details to the other officer. The officer standing outside shouted to Satish ‘who are you talking to?’ Satish immediately came out of the toilet and was taken back to the room where he was kept. After that my room was locked from the outside. 

7. I again enquired with the officer about the details of the officer-in-charge of the camp and asked when he would arrive at the camp. The officer replied that he cannot give any specific details. After about 30 minutes I heard Satish calling out for me and asking me to contact the officers and to find a way to get ourselves released. At that time another officer came into the room with a bowl of rice and asked me not to talk or to have any communication with Satish. After giving me the rice the officer went out. I was not hungry and so I left the rice and the officer came and enquired why I was not eating. I replied that I am not hungry. The officer left the room and in a few minutes there was a power failure. I could understand that the power supply was from a power generator unit inside the camp. 

8. A few minutes later I heard Satish’s room open and also heard him say ‘I am speaking the truth’. I also heard him scream ‘Ima (mother)’. And then there was silence. About an hour later I heard the door to Satish’s room open again and heard someone saying in Hindi ‘you sleep here’. Few moments later the door to my room was opened and I was blindfolded again and was dragged out by two officers holding me by my shoulders. I was instructed in Manipuri to do as I have been told. They instructed me by describing the surroundings to help me move about properly. While taking me out from the room, one Manipuri officer asked as if mocking at me ‘are you afraid?’. 

9. I was taken to another room. The room was well lit and my blindfold was removed. There were about eight or nine officers inside the room. Three other officers were standing outside the room. I was asked to remove my clothes. I was instructed in Manipuri to sit on a table. The officer spoke in Manipuri and told me to speak the truth or else I will be killed. He said ‘You are an advisor of the PLA (People’s Liberation Army). Satish has already disclosed everything.’ The officer took a notepad and while glancing through it he continued ‘Satish had already undergone military training in Myanmar and afterwards he visited Bangladesh. He collected instructions from Bangladesh and came to Imphal a month back.’ The officer continued and added ‘he (Satish) is still waiting for a contact from the high command to carry out his instructions. Satish is a Sergeant in the cadre and he also has an army number.’ I replied that all the allegations against me are not true. I also defended Satish and said that I have been with Satish for the past two months or more and that I did not find him indulging in any suspicious activity. 

10. Hearing this, the officer shouted ‘you are lying’ and I was beaten with a stick on my back and on both sides of my body. The officer noticed my wrist watch and asked me to remove it. I did as he asked me to do. The officer then made a call from his mobile telephone and put the phone on loudspeaker mode. He spoke in Manipuri and asked the person on the other side of the line to describe the physical features of the PLA advisor. The person replied in Manipuri and gave the description. The description did not match my physical features at all. Further, I was told that I have associations with AMUCO (All Manipur United Clubs’ Organisation). I replied that I have no nexus with AMUCO and added ‘AMUCO is an apex civil society organisation; and identify the person I have associated with in AMUCO.’ The officer had no answer and they kept quiet. 

11. I also interjected their conversation and defended myself saying that I have no association with the PLA at all. The person at the other end of the telephone said, ‘He is lying, beat him’ I was again beaten with the stick on both sides of my body and also on my right foot. Then the person on the other side of the telephone instructed to pour water on me. I was made to lie down and then an officer pretended to pour water on me. While I was lying down the officers took a piece of cloth and tried to cover my face with it. But one of the officers said to stop it. Subsequently the voice on the phone told to ‘remove his private parts’. But no action was taken. The voice also instructed to bury me till waist down in the ground and to let the mosquitoes bite me. However, the officers did nothing. And they responded to on the phone saying ‘he seems to be innocent’. The voice then instructed to ‘eliminate the other one’. The officer responded ‘how can we? The other one is here.’ The voice responded ‘kill both of them.’ The officer responded saying ‘how we can kill him since he is innocent’. And that was the end of their conversation. 

12. The officer then said ‘san ashiba manakta leplubagi kari phangani.’ (What would you get if you keep bad company?) I replied saying that I will get punished. The officer replied that I will get punishment by death. Then I was taken back to my room and the officer said ‘go to jail and have daal (lentil).’ I crossed Satish’s room and was put in the room adjacent to his. I saw Satish sleeping on the floor. As I entered my room my hands were tied behind and I was asked to sleep. I was in the room till dawn the next day. In the morning I was offered tea and they removed my hands from bondage. Once the tea was over they tied my hands again. 

13. I was detained till the 18 May. During this period I only saw Satish when he would come to my room to use the toilet. At 10 am I saw a civilian truck arriving inside the camp with firewood. After unloading the firewood the men from the truck came close to where I was held. From the conversation made by one of the men I heard him say ‘Right now I am at the Assam Rifles camp at Yaingangpokpi.’ From this I came to know that I have been detained at the Assam Rifles Camp located at Yaingangpokpi. On the same day evening, I saw one white vehicle coming into the camp through my window. A commando officer came out of the vehicle and entered Satish’s room. I overheard patches of the conversation and heard the officer use the words ‘Burma’ and ‘what is the number?’. Later I saw the officer leaving. Half hour later, the same officer came and took out Satish from his room and took him into the vehicle in which he came. I saw this through the window of the room in which I was kept. 

14. On enquiry with an officer staying next to the window, I was informed that Satish had been taken to Imphal. On further enquiry the officer said that I would be released by the next day as I was found to be innocent. Later in the night I heard sounds of vehicles coming in. On 19th morning during tea I asked again when will I be released and I was told that I will be released at 7 am. At around 10:30 am five officers came into my room and they were the same persons who had interrogated me two days before. Out of the five persons, three were Manipuri and two were non-Manipuri. One of the Manipuri officers informed me that they have considered my case and decided to hand me over to the local police as I was found to be innocent. While saying this I was shown a photograph of Satish lying in a pool of blood. The officer informed me that they have already ‘dropped’ Satish yesterday. 

15. The officer asked me to say the following story: ‘On instructions from Satish, myself and two other people were travelling with Satish to the hills. On our way we had an encounter with the security forces. We all ran for cover. I followed two other persons and ran up the hill. While running a polythene bag fell from one of the other two persons and I had picked it up. I was unaware of the contents of the bag and meantime I was arrested by the security forces. The bag was recovered from me by the army personnel.’ I was also told to mention that the other two men escaped and later on I realised that Satish was killed in that encounter. Further, the officer asked me to admit that the bag contained few live cartridges and few Chinese made detonators. 

16. I was threatened that if I do not comply with this story they asked me to speak, I would be killed. In the meantime the Captain arrived and asked me if I could understand Hindi and I replied yes. Then the Captain asked me whether I agree in narrating the story that the officer have asked me to say, to which also I said I would stick to the same story. He also asked ‘Bahar ja kar ulta-pulta baat nahi karega?’ (will you go out and speak something wrong?). I answered that I will not do anything against their wish. Soon, the Captain left. 

17. Once again the officers threatened me that I will be eliminated if I disclose the truth after my release. They also said ‘Isi kamre mein bahut log aaya tha. Tumhare se bada bada admi maara gaya tha. Agar tum zinda chahta toh hum jo bola tum sab bolo.’ (Several persons have come to this room. Persons who are much more influential than you. If you want to remain alive, keep saying the story that we have just instructed you to tell). They further threatened me saying that since they are officers attached to the central government, it will be difficult to fight against them. Quoting Manorama’s case (a high profile case where a woman was raped and killed by the Assam Rifles in Manipur) they (the officers) added that nothing has happened despite that case being a major issue. Also, they added that lot of people who left the camp and have dared to tell the truth had to leave Manipur and are living in cities like Bangalore in hiding but they will be punished in due course. 

18. I said that I will not be like them and will stick to the story that they (the officers) have asked me to say. Out of fear I said ‘Why should I not obey you since you have granted me life.’ They also added that ‘you may even file cases against us but nothing will happen to us and it will take more than 15 years since you will be fighting the case against the central government and not the state government. In the meantime you will be eliminated.’ 

19. The officers left and then a few minutes later another set of officers came and I was blindfolded and they took me out of the room. One Manipuri officer asked me to stop and my blindfold was removed and he photographed me using his mobile telephone camera. I was put into a truck and was blindfolded again and was told that I am being taken to a police station. I was taken to Lamlai Police Station. The Assam Rifles officers who had handed me over to the Police Station had also lodged a false written report to the effect that I am a member of PLA, a proscribed organisation. Without ascertaining the correctness of this written report, a case was registered against me. The reference to the case is FIR No.37(5)09 of Lamlai Police Station, registered under Sections 307 read with Section 34 of the Indian Penal Code, 1860 and Section 25(1-C) of the Indian Arms Act, 1959 and Section 20 of the Unlawful Activities (Prevention) Act, 1967. The case was registered against me by the Officer-in-Charge of Lamlai Police Station. 

20. On 20 May I was produced before the Judicial First Class Magistrate, Imphal East and I was remanded to police custody till the 23 May. Subsequently, I was released on bail on 23 May by the court. Just after releasing from the custody, I had disclosed the ordeal I faced during the arrest and detention to the media. 

21. On 17 May, my wife, Mrs. Pebam Ongbi Babita Devi, had lodged a written report with the Officer-in-Charge, Heingang Police Station after ascertaining the fact of my abduction by security forces. Consequently, the Officer-in-Charge, Heingang Police Station had registered a regular case under FIR No. 61(5)09 Heingang Police Station under Sections 365 and 368, read with Section 34 of the Indian Penal Code, 1860 and Section 25(1-C) the Indian Arms Act, 1959 and started an investigation by examining various witnesses who had witnessed the abduction. 

22. Consequent to my release from the torture and illegal detention, I have been living in constant fear as I have a reasonable apprehension that I may be killed at any moment by the Assam Rifles. In order to save my life, I require personal protection without any delay till the miscreants and officers of the Assam Rifles and the Police Commandos, who are involved in my arrest and detention, are punished. 

23. I therefore request you to provide personal security guards for me at the earliest so as to save my life and to enable me to assist in initiating the prosecution proceedings against the officers, as I had been abducted; wrongfully confined; tortured and was charged with false charges. 

Yours Sincerely, 

The 29 May 2009 

Pebam Gunendro Singh 
Aged 44 years, son of late P. Ibomcha Singh 
Haobam Marak Keisham Leikai 
Imphal West District, Manipur 

Copy to: 
Director General of Police 
Manipur 

SUGGESTED ACTION: 

Please support Pebam in his attempt to bring the perpetrators to justice by writing to the Indian authorities, requesting that all necessary action be taken to guarantee his safety, and that the entire incident be thoroughly investigated and charged accordingly. 

The AHRC is also writing separate letters to the UN Special Rapporteurs on extrajudicial, summary or arbitrary executions and on torture and other cruel, inhuman or degrading treatment or punishment calling for their intervention in this case. 

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