Dear friends,
The Asian Human Rights Commission has received information from Human Rights Alert (HRA) regarding the illegal arrest of a human rights defender and a musician from Manipur for they dared to complain against an incident of torture of villagers and members of their troupe. The arrest, allegedly on fabricated charges, is believed to be an act of vengeance by the police. The police had on a previous occasion, tortured members of a music troupe, to which the two persons arrested belong and had tortured them a few days before. The two victims had filed complaints about the incident and had led a joint action committee formed by the villagers that demanded actions against the police officers. Of the two persons arrested now, Mr. Mandir Laishram and Mr. Ningthoujam Hemo, Mandir is active in Manipur, against the state government arming villagers, in the pretext of fighting ant-state activities by militant groups.
CASE NARRATIVE:
The Thoubal police arrested Mr. Mandir Laishram, aged 40 years, son of late, Mr. L. Meijao, and Mr. Ningthoujam Hemo, aged 50 years, son of late, Mr. Thambalngou on 12 May 2013. On that day, Dr. A. K. Jhaljit, the Superintendent of Police (SP) of Thoubal district had asked Mandir and Hemo to meet him at his office. Mandir and Hemo went to the SP’s office in the morning and waited till 5pm for the officer to report. When the officer failed to come, both left the SP’s office back, informing the police officers that, they could return on another day should the officer still wish to meet them.
However, on their way back, they received a telephone call from Sub Inspector of Police (SI), Mr. Ibomcha, asking whether they had reached home, for which they replied that they had not. Soon, the police stopped them on the road near the Wangjing police outpost. There the police arrested Mandir and Hemo. The police did not inform Mandir or Hemo, why they were being arrested and where they are taken. The police took them to Thoubal Police Station and later produced them in court. The magistrate remanded Mandir and Hemo to police custody for five days, despite their plea for release and utter shock of what has happened. The police again produced Mandir and Hemo in court, on 17 May, upon which they were released on bail by the court.
The police have registered a case numbered Crime 84(5)13 TB-PS under Sections 148/149/427/447/353 Indian Penal Code, 1860 (IPC) coupled with Section 343 of the IPC, Section 3 Prevention of Damage of Public Property Act. However, the copy of the FIR and arrest memo is yet to be issued to the accused.
The arrest of Mandir and Hemo is suspected to be an act of vengeance by the police. Mandir is the secretary of a local community action named “Social Action Development Organization” (SADO). The SDO works for the promotion of human rights, co-existence and environmental sustainability in Manipur. Hemo is the Vice-President of the Eastern Musical Association (EMA), a local band. Both are residents of Heirok village, under the jurisdiction of Thoubal Police Station, Thoubal district, in Manipur.
On the intervening night of 10 and 11 April 2013, the members of the EMA were returning home in an auto-rickshaw after performing the Thabal Chongba, a community dance, usually held at night. The team consisted of Mr. Moirangthem Deepak (27), Mr. N Sanatombi (36), Mr. L Nongdamba (27), Mr. L Angangchaoba, (45), Mr. N Robin (30), Mr. H. Dev (29), and Mr. Thongjao H Keshorjit (38) and the auto driver Mr. Indrakumar.
When they reached a place adjoining Heirok and Wangjing village, they were signaled to stop using a flashlight by some police personnel in plain clothes led by the Sub-Inspector (SI) Premjit of Heirok police outpost. Since the officers were not in uniform, the team did not know that they were the police, so that did not stop. As the vehicle passed by the officers, some passengers recognized that the persons who were waving the flashlight were police officers. So they stopped the vehicle.
At this, SI Premjit who was in police uniform approached them and asked why they did not stop and started to abuse and assault the driver, Indrakumar. The officer pushed the driver into the nearby drain, even before the driver or the passengers could explain what had happened. Then the officer asked all the passengers to get off from the vehicle, which they complied. The officer then ordered all of them to stand in a straight line. Then the officer along with his subordinates started beating them and assaulted all of them with their rifle butts, injuring them. Deepak, one of the victims, was taken to the nearby Community Health Centre (CHC) for treating his wounds. Then the SI let them go, warning them that if they dared to report the incident, they will be taken to the police station and tortured again.
When the people in Heirok village came to know about the incident, the next day a public meeting was held and a Joint Action Committee (JAC) was formed to ensure necessary legal action is taken against the police officers. The JAC appointed Mandir as the Secretary of the JAC. A representation demanding suspension of the police personnel including registration of a case against the officers involved in the incident was sent to the Chief Minister of Manipur. The JAC also set a dateline to take necessary action. The government however did not take any action upon the complaint.
On 11 April 2013, the people of Heirok village marched towards the Heirok police outpost and staged a protest. With no action coming from the authority, on 8 May, the villagers burnt the effigies of the Manipur Home Minister, of the local Member of the Legislative Assembly, who is also Manipur Minister for Education and of and the SP of Thoubal during a protest meet organized by the JAC.
Additionally, Mandir has been active in defending the basic human rights of the community. In the past, he was involved in a campaign against the fake surrender. It is to be mentioned that the police had misguided individuals from different part of the state and made them to pretend as members of insurgent groups and stage surrender dramas. Particularly youths were promised jobs in security forces by the police and local politicians. The state police as well as the politicians organize this, so that they could claim reward money from the government. The central government has earmarked a substantial amount for Manipur to be used to for countering terrorism and anti-state activities in the state. The catch is that the use of this money is not monitored or is not subjected to any accountability process. Police officers also get promotion and rewards depending on the number of “surrendered” militants. Due to this, officers often organize “arranged surrender” of militants, for which they often depend on unemployed youth in the villages. Upon surrender, the officers collect their money and or promotion, which they share with local politicians who arrange for the youth. Sometimes a part of this money is also paid to the persons who agree to pretend that they are militants surrendering after being counseled by the police officers.
Desperate for a job and money, due to unemployment, the youth often fall prey to this process, without knowing that by pretending to be a militant, they are in fact risking their life, that their name will be entered in different government records. Cases where the youth who had once surrendered subjected to imprisonment on fabricated charges that too of serious nature under the National Security Act, are also not rare. Some on the other hand do obtain jobs as members of the Village Defense Force. These persons are armed and are named Special Police Officers (SPO). These armed youths later easily fall prey to the real militants, since once they become an SPO, they are left unprotected in the villages and are also vulnerable to be labeled as traitors by the real militants.
The Supreme Court of India has ordered this whole process of arming villagers and recruiting them as SPOs and the formation of the village defense force to be stopped. The SPOs are not real police officers and the government takes no responsibility for their actions. In rural villages of India, such formations of armed villagers in fact pose threat to peace, at the same level as that posed by the militants. Mandir has been an active campaigner against this process of arming the village youth. In December 2012, due to prompt intervention by Mandir, seven youths from Heirok village were saved from such fake surrendering organized by the local MLA as well as the local police.
Mandir started this campaign, when in 24 March 2008, some militants opened fire at the villagers when the villagers were attending a Thabal Chongba dance at night. Many villagers were injured in this incident and a girl lost her eyesight. Shocked, some youths in the village demanded the government to provide arms to protect themselves from such future attacks. The government responded with immediate interest, having prompted by the local police. Some youth from the village were armed by the state police and were immediately appointed as SPOs in the village and started receiving a small amount as allowance.
Mandir was also actively involved in the campaign against the arming of villagers of Heirok in 2008. In March 24, 2008, some insurgent indiscriminately open fired at a Thabal Chongba dance, in which some villagers were fatally injured and a girl lost her eyesight. Villagers particularly the youth asked the government to provide arms to protect themselves from the insurgents. In response, the State Government recruited youths of the Heirok villagers as Special Police Officers (SPO). They had been given arms and also paid a few hundred rupees as allowance for their service. SPOs were latter rename as Village Defense Force (VDF). The State Government opened a Police outpost at Heirok and posted those villagers who were recruited as the VDF.
Latter, the Director General of Police (DGP) notified the recruitment of 1,550 VDF personnel who would be posted in different parts of the state. As of now there are more than ten thousand youths who are serving as the VDF in Manipur. Reports accusing the personnel of VDF to be involved in extortion and other crimes are the major concern of the citizens.
SUGGESTED ACTION:
Please write to the authorities listed below, requesting an investigation in the case. The AHRC is also writing a separate letter to the UN Special Rapporteur on the situation of human rights defenders requesting an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: A human rights defender and a musician arrested on fabricated charges for protesting against custodial torture and released on bail
Name of the victims:
1. Mr. Mandir Laishram, aged 40 years, son of late, Mr. L. Meijao, and
2 Mr. Ningthoujam Hemo, aged 50 years, son of late, Mr. Thambalngou, both residents of Heirok village, under the jurisdiction of Thoubal Police Station, Thoubal District, Manipur. Mr. Mandir is the secretary of Social Action Development Organization (SADO)
Alleged perpetrators:
Police officers from Thoubal Police Station, Manipur
Date of incident: 12 May 2013
Place of incident: Thoubal district, Manipur, India
I am writing to inform you about the case of Mr. Mandir Laishram and Mr. L. Meijao, who are allegedly arrested by the Thoubal police on fabricated charges. The facts of the case that is brought to my notice are the following:
The Thoubal police arrested Mr. Mandir Laishram, aged 40 years, son of late, Mr. L. Meijao, and Mr. Ningthoujam Hemo, aged 50 years, son of late, Mr. Thambalngou on 12 May 2013. On that day, Dr. A. K. Jhaljit, the Superintendent of Police (SP) of Thoubal district had asked Mandir and Hemo to meet him at his office. Mandir and Hemo went to the SP’s office in the morning and waited till 5pm for the officer to report. When the officer failed to come, both left the SP’s office back, informing the police officers that, they could return on another day should the officer still wish to meet them.
However, on their way back, they received a telephone call from Sub Inspector of Police (SI), Mr. Ibomcha, asking whether they had reached home, for which they replied that they had not. Soon, the police stopped them on the road near the Wangjing police outpost. There the police arrested Mandir and Hemo. The police did not inform Mandir or Hemo, why they were being arrested and where they are taken. The police took them to Thoubal Police Station and later produced them in court. The magistrate remanded Mandir and Hemo to police custody for five days, despite their plea for release and utter shock of what has happened. The police again produced Mandir and Hemo in court, on 17 May, upon which they were released on bail by the court.
The police have registered a case numbered Crime 84(5)13 TB-PS under Sections 148/149/427/447/353 Indian Penal Code, 1860 (IPC) coupled with Section 343 of the IPC, Section 3 Prevention of Damage of Public Property Act. However, the copy of the FIR and arrest memo is yet to be issued to the accused.
The arrest of Mandir and Hemo is suspected to be an act of vengeance by the police. Mandir is the secretary of a local community action named “Social Action Development Organization” (SADO). The SADO works for the promotion of human rights, co-existence and environmental sustainability in Manipur. Hemo is the Vice-President of the Eastern Musical Association (EMA), a local band. Both are residents of Heirok village, under the jurisdiction of Thoubal Police Station, Thoubal district, in Manipur.
On the intervening night of 10 and 11 April 2013, the members of the EMA were returning home in an auto-rickshaw after performing the Thabal Chongba, a community dance, usually held at night. The team consisted of Mr. Moirangthem Deepak (27), Mr. N Sanatombi (36), Mr. L Nongdamba (27), Mr. L Angangchaoba, (45), Mr. N Robin (30), Mr. H. Dev (29), and Mr. Thongjao H Keshorjit (38) and the auto driver Mr. Indrakumar.
When they reached a place adjoining Heirok and Wangjing village, they were signaled to stop using a flashlight by some police personnel in plain clothes led by the Sub-Inspector (SI) Premjit of Heirok police outpost. Since the officers were not in uniform, the team did not know that they were the police, so that did not stop. As the vehicle passed by the officers, some passengers recognized that the persons who were waving the flashlight were police officers. So they stopped the vehicle.
At this, SI Premjit who was in police uniform approached them and asked why they did not stop and started to abuse and assault the driver, Indrakumar. The officer pushed the driver into the nearby drain, even before the driver or the passengers could explain what had happened. Then the officer asked all the passengers to get off from the vehicle, which they complied. The officer then ordered all of them to stand in a straight line. Then the officer along with his subordinates started beating them and assaulted all of them with their rifle butts, injuring them. Deepak, one of the victims, was taken to the nearby Community Health Centre (CHC) for treating his wounds. Then the SI let them go, warning them that if they dared to report the incident, they will be taken to the police station and tortured again.
When the people in Heirok village came to know about the incident, the next day a public meeting was held and a Joint Action Committee (JAC) was formed to ensure necessary legal action is taken against the police officers. The JAC appointed Mandir as the Secretary of the JAC. A representation demanding suspension of the police personnel including registration of a case against the officers involved in the incident was sent to the Chief Minister of Manipur. The JAC also set a dateline to take necessary action. The government however did not take any action upon the complaint.
On 11 April 2013, the people of Heirok village marched towards the Heirok police outpost and staged a protest. With no action coming from the authority, on 8 May, the villagers burnt the effigies of the Manipur Home Minister, of the local Member of the Legislative Assembly, who is also Manipur Minister for Education and of and the SP of Thoubal during a protest meet organized by the JAC.
Additionally, Mandir has been active in defending the basic human rights of the community. In the past, he was involved in a campaign against the fake surrender. It is to be mentioned that the police had misguided individuals from different part of the state and made them to pretend as members of insurgent groups and stage surrender dramas. Particularly youths were promised jobs in security forces by the police and local politicians. The state police as well as the politicians organize this, so that they could claim reward money from the government. The central government has earmarked a substantial amount for Manipur to be used to for countering terrorism and anti-state activities in the state. The catch is that the use of this money is not monitored or is not subjected to any accountability process. Police officers also get promotion and rewards depending on the number of “surrendered” militants. Due to this, officers often organize “arranged surrender” of militants, for which they often depend on unemployed youth in the villages. Upon surrender, the officers collect their money and or promotion, which they share with local politicians who arrange for the youth. Sometimes a part of this money is also paid to the persons who agree to pretend that they are militants surrendering after being counseled by the police officers.
Desperate for a job and money, due to unemployment, the youth often fall prey to this process, without knowing that by pretending to be a militant, they are in fact risking their life, that their name will be entered in different government records. Cases where the youth who had once surrendered subjected to imprisonment on fabricated charges that too of serious nature under the National Security Act, are also not rare. Some on the other hand do obtain jobs as members of the Village Defense Force. These persons are armed and are named Special Police Officers (SPO). These armed youths later easily fall prey to the real militants, since once they become an SPO, they are left unprotected in the villages and are also vulnerable to be labeled as traitors by the real militants.
The Supreme Court of India has ordered this whole process of arming villagers and recruiting them as SPOs and the formation of the village defense force to be stopped. The SPOs are not real police officers and the government takes no responsibility for their actions. In rural villages of India, such formations of armed villagers in fact pose threat to peace, at the same level as that posed by the militants. Mandir has been an active campaigner against this process of arming the village youth. In December 2012, due to prompt intervention by Mandir, seven youths from Heirok village were saved from such fake surrendering organized by the local MLA as well as the local police.
Mandir started this campaign, when in 24 March 2008, some militants opened fire at the villagers when the villagers were attending a Thabal Chongba dance at night. Many villagers were injured in this incident and a girl lost her eyesight. Shocked, some youths in the village demanded the government to provide arms to protect themselves from such future attacks. The government responded with immediate interest, having prompted by the local police. Some youth from the village were armed by the state police and were immediately appointed as SPOs in the village and started receiving a small amount as allowance.
Mandir was also actively involved in the campaign against the arming of villagers of Heirok in 2008. In March 24, 2008, some insurgent indiscriminately open fired at a Thabal Chongba dance, in which some villagers were fatally injured and a girl lost her eyesight. Villagers particularly the youth asked the government to provide arms to protect themselves from the insurgents. In response, the State Government recruited youths of the Heirok villagers as Special Police Officers (SPO). They had been given arms and also paid a few hundred rupees as allowance for their service. SPOs were latter rename as Village Defense Force (VDF). The State Government opened a Police outpost at Heirok and posted those villagers who were recruited as the VDF.
Latter, the Director General of Police (DGP) notified the recruitment of 1,550 VDF personnel who would be posted in different parts of the state. As of now there are more than ten thousand youths who are serving as the VDF in Manipur. Reports accusing the personnel of VDF to be involved in extortion and other crimes are the major concern of the citizens.
I therefore request you to ensure the following:
1. That a thorough and independent investigation is undertaken in the case;
2. The background under which Mandir and Hemo were arrested is investigated, including the incident of torture of the musicians;
3. That a judicial magistrate records the statements of the victims of torture and an investigation ordered into the case;
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Okram Ibobi Singh
Chief Minister of Manipur
New Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax + 91 385 2451398
E-mail: cmmani@hub.nic.in
2. Director General of Police
PHQ Imphal Manipur
795001 Imphal, Manipur
INDIA
Fax + 91 385 2223829
E-mail: dgp.mnp@hub.nic.in
3. Chief Secretary, Manipur
Old Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax + 91 385 2222629
E-mail: csecmani@hub.nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
