Dear friends,
The Asian Human Rights Commission (AHRC) has received disturbing information. It has come from the Citizens Concern for Dams and Development, Committee on the Protection of Natural Resources in Manipur, North East Dialogue Forum and the Centre for Research and Advocacy. It has to do with threats to the life and person of Mr. Jitin Yunman from the Manipur Police Commandos. Unfortunately, this is not the first time that security agencies have targeted Mr. Yunman to stop him from speaking against human rights violations that they have committed. He had been arrested in September 2009, tortured and put in arbitrary confinement for four months before all charges against him were withdrawn and he was unconditionally released. The AHRC urges the State and Union governments of India to intervene at once in this issue and to ensure that Mr. Yunman and other human rights defenders are not targeted.
CASE NARRATIVE:
On 2 October 2013, at 4: 30 PM, Police commando personnel of Imphal West District, Manipur went to the residence of Mr. Jiten Yumnam, a renowned environmentalist and human rights defender of Manipur, but he was not at home. They asked two of his aunties present in the house at the time to tell him to appear before the Manipur Police Commando Complex at Minuthong, Imphal West District.
The personnel neither had any summons nor did they give any reasons for the call. Violating all guidelines, they did not reveal their identities. Strangely, though, the commandoes assured his family members that there was no need to worry and that nothing would happen to him. Such an assurance hardly gave any solace to Mr. Yumnam’s family not merely because of the dubious track record of the Manipur Police commandoes but also because Mr. Yumnam had already been subjected to torture and arbitrary detention earlier in the year 2009 in their custody. As it is, the common perception of the role and conduct of the Manipur police commandoes causes the ordinary people to be afraid of the force. It was their behavior, most particularly at the height of the fake encounter killings, during its active counter insurgency operations from 2006 until 2010 that left unresolved accountability and justice delivery issues emanating out of that conduct.
Mr. Yumnam had earlier been arrested by the Manipur Police Commandoes on 14 September 2009. He had taken an active role in shaping community response to an incident of extrajudicial killing of two people by the Manipur Police commandoes in broad day light on 23 July 2009. As a result, Mr. Yumna had been subjected to torture that included electric shocks on the day of his arrest. He was then kept in arbitrary detention and confinement for four months from September 2009 till early January 2010. Mr. Yumnam was released unconditionally from Sajiwa Jail on 7 January 2010. All cases against him under various provisions of Unlawful Activities Prevention Act, Indian Penal Code and so on were withdrawn. In addition, an agreement between the Chief Minister, Government of Manipur and the civil society groups was reached. This had to do with the protest against the fake encounter killings of Mr. Shanjit and Ms. Rebina on 23 July 2009 in which the Government’s promise of conducting a CBI enquiry into the infamous incident was not implemented.
Notwithstanding the fears of his family, Mr. Yumnam visited the Manipur Police Commando complex, Minuthong as requested on 3 October 2013, at 9:45 A.M. There, a junior official of the Police force recorded a brief statement of his basic profile and work activities in recent years. Mr. Yunman was not subjected to any torture or-ill treatment at this time. The interrogation was not harsh, he was not blindfolded, handcuffed or threatened as in September 2009. Yet, he was not provided with any reasons for this summons. Rumor in the power circles, though, is that Mr. Yumnam had been listed in the Government records as a member of one of the armed opposition groups of Manipur ostensibly demanding ultimate political independence rights for Manipur. As Mr. Yunman is not a member of any such organizations, he is all the more concerned that he can be so falsely targeted at any time with such bogus claims.
There is a most worrying aspect of this entire interrogation process. It is that police officials asked Mr. Yunman to give his permanent phone number and to make himself available at the Commando Complex whenever required. This is not merely outside the ambit of legal procedure but also puts his life and person under serious threat. Furthermore, the statement taken on 3rd October refers to Mr. Yumnam as a “Bailed Out”, despite the fact that all pending cases against him were withdrawn in 2009 after his unconditional release.
Such continued monitoring and summoning of human rights defenders by the Manipur police commandoes without any legal sanction and procedures is a clear case of human rights violations. It is also a source and a way of inflicting continued physical, mental and psychological harassment and disturbance in the lives and normal work activities of human rights defenders. Such monitoring also causes unnecessary stress that troubles the families, friends and relatives of such defenders.
The arbitrary summoning procedures are another form of ill-treatment and harassment, constituting a form of torture. They are also a direct infringement of one’s right to life and personal integrity. There is a serious need to put an immediate end to continued intimidations of human rights defenders in Manipur and to address their security concerns. There are no protection mechanisms in place for the human rights defenders to seek adjustment of their rights and justice in cases of violation, ill treatment or harassment. Unfortunately, there are serious concerns that the worsening situation in Manipur may lead to an escalation of violence and, consequently, impunity.
The landmark Judgment in DK Basu vs. Government of West Bengal in 1996 observed that there can be no summoning of innocent people without a warrant or a letter of summons. Moreover, many international bodies including the UN Special Rapporteur on Human Rights Defenders, the Working Group on Arbitrary Detention and the Special Rapporteur on Torture and UN Special Rapporrteur on Indigenous Peoples jointly intervened on Mr. Yumnam’s behalf .These prestigious bodies requested the Government of India, in October 2009, to stop targeting all human rights defenders in Manipur while specifically protecting Mr. Yumnam’s life and physical integrity.
The National Human Rights Commission too has a strong obligation to protect the rights of human rights defenders. The UN Special Rapporteur on the Rights of Human Rights Defenders, Ms. Margaret Saggakya visited India in February 2011. While there, she urged all concerned authorities in India to promote the rights and ensure the protection of all human rights defenders in its territories and to implement the UN Declaration on the Rights of Human Rights Defenders, 1999.
Roles and responsibilities of human rights defenders are crucial in determining the nature and quality of life of peoples and communities worldwide, especially those in conflict and post-conflict situations. Targeting human rights defenders for their human rights work is classified as another serious form of human rights violations and has been denounced worldwide. This included India’s own National Human Rights Institutions and the United Nations human rights bodies.
All right-thinking people, who uphold democratic values, should support the role and importance of human rights defenders in a conflict zone like Manipur. Manipur has a series of recorded patterns of violations amidst the persistence of emergency laws, especially the infamous Armed Forces Special Powers Act, 1958. Also, in a fast-unfolding situation of devastation inflicted on affected communities by development projects, human right defenders become crucial. They foster respect for democratic values, promote a culture of rights and find solutions to seek social, economic and environmental justice-and to an extent political justice as well.
It is a matter of urgency, to take all necessary measures to guarantee that human rights defenders are able to carry out their legitimate human rights activities, without fear of harassment and threat of torture and deprivation of their right to life. And it is extremely critical that emergency laws are reviewed and repealed as necessary. We are speaking of those laws that have an impact on the security and life of human rights defenders and other innocent people of Manipur. The government must foster an environment where human rights defenders feel secure and are not targeted for voicing the legitimate concerns of the people. Falsely implicating human rights defenders as members of armed insurgent groups is a despicable slur on both the defenders and democracy and should be stopped immediately.
The non-functioning of the Manipur Human Rights Commission, due to non-appointment of members by the Government of Manipur, makes it extremely difficult for the human rights defenders to seek immediate redress in cases of violations. The sorry state of affairs with the Manipur Human Rights Commission is something that requires urgent intervention in the promoting of human rights in that region. A special initiative should be taken by The National Human Rights Commission to monitor and respond to all cases of human rights violations in Manipur, including the witch hunt against human rights defenders. Our State Human Rights Commission has already been non-functioning for too long a period of time.
It is high time for the Government of Manipur to fully implement the 2011recommendations of the UN Special Rapporteur on Human Rights Defenders and to set up a policy for the protection of human rights defenders. The Government should refrain from targeting all human rights defenders of Manipur, including Mr. Jiten Yumnam and ensure their rightful protection. All civilians should be protected as outlined in Common Article 3 of the Geneva Conventions and their safety should be upheld in Manipur.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding an immediate end to the surveillance and harassment of Mr. Jitin Yunman and other human rights defenders in the state. You may also demand immediate appointment of the vacant posts in state human rights commission.
The AHRC is writing separately to the UN Special Rapporteurs on Human Rights Defenders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______,
INDIA: Stop immediately the threats to Mr. Jiten Yumnam and other Human Rights Defenders in Manipur
Name of the victim: Girl. Jiten Yumnam, an environmentalist and free lance journalist
Name of the alleged perpetrators: Personnel of Manipur Police Commandoes, Imphal West, Government of Manipur
Date and place of the incident: 3 October, 2013, Imphal, Manipur
I am writing to you with grave concern regarding the continued harassment of Mr Jitin Yunman, a renowned environmentalist and human rights defender by the personnel of Manipur Police Commandoes. On 2 October 2013, at 4: 30 PM, personnel belonging to the Imphal West District came to the residence of Mr. Jiten Yumnam, a renowned environmentalist and human rights defender of Manipur, but he was not at home. They asked two of his aunties present in the house at the time to tell him to appear before the Manipur Police Commando Complex at Minuthong, Imphal West District.
The personnel neither had any summons nor did they give any reasons for the call. Violating all guidelines, they did not reveal their identities. Strangely, though, the commandoes assured his family members that there was no need to worry and that nothing would happen to him. Such an assurance hardly gave any solace to Mr. Yumnam’s family not merely because of the dubious track record of the Manipur Police commandoes but also because Mr. Yumnam had already been subjected to torture and arbitrary detention earlier in the year 2009 in their custody. As it is, the common perception of the role and conduct of the Manipur police commandoes causes the ordinary people to be afraid of the force. It was their behavior, most particularly at the height of the fake encounter killings, during its active counter insurgency operations from 2006 until 2010 that left unresolved accountability and justice delivery issues emanating out of that conduct.
Mr. Yumnam had earlier been arrested by the Manipur Police Commandoes on 14 September 2009. He had taken an active role in shaping community response to an incident of extrajudicial killing of two people by the Manipur Police commandoes in broad day light on 23 July 2009. As a result, Mr. Yumna had been subjected to torture that included electric shocks on the day of his arrest. He was then kept in arbitrary detention and confinement for four months from September 2009 till early January 2010. Mr. Yumnam was released unconditionally from Sajiwa Jail on 7 January 2010. All cases against him under various provisions of Unlawful Activities Prevention Act, Indian Penal Code and so on were withdrawn. In addition, an agreement between the Chief Minister, Government of Manipur and the civil society groups was reached. This had to do with the protest against the fake encounter killings of Mr. Shanjit and Ms. Rebina on 23 July 2009 in which the Government’s promise of conducting a CBI enquiry into the infamous incident was not implemented.
Notwithstanding the fears of his family, Mr. Yumnam visited the Manipur Police Commando complex, Minuthong as requested on 3 October 2013, at 9:45 A.M. There, a junior official of the Police force recorded a brief statement of his basic profile and work activities in recent years. Mr. Yunman was not subjected to any torture or-ill treatment at this time. The interrogation was not harsh, he was not blindfolded, handcuffed or threatened as in September 2009. Yet, he was not provided with any reasons for this summons. Rumor in the power circles, though, is that Mr. Yumnam had been listed in the Government records as a member of one of the armed opposition groups of Manipur ostensibly demanding ultimate political independence rights for Manipur. As Mr. Yunman is not a member of any such organizations, he is all the more concerned that he can be so falsely targeted at any time with such bogus claims.
There is a most worrying aspect of this entire interrogation process. It is that police officials asked Mr. Yunman to give his permanent phone number and to make himself available at the Commando Complex whenever required. This is not merely outside the ambit of legal procedure but also puts his life and person under serious threat. Furthermore, the statement taken on 3rd October refers to Mr. Yumnam as a “Bailed Out”, despite the fact that all pending cases against him were withdrawn in 2009 after his unconditional release.
Such continued monitoring and summoning of human rights defenders by the Manipur police commandoes without any legal sanction and procedures is a clear case of human rights violations. It is also a source and a way of inflicting continued physical, mental and psychological harassment and disturbance in the lives and normal work activities of human rights defenders. Such monitoring also causes unnecessary stress that troubles the families, friends and relatives of such defenders.
The arbitrary summoning procedures are another form of ill-treatment and harassment, constituting a form of torture. They are also a direct infringement of one’s right to life and personal integrity. There is a serious need to put an immediate end to continued intimidations of human rights defenders in Manipur and to address their security concerns. There are no protection mechanisms in place for the human rights defenders to seek adjustment of their rights and justice in cases of violation, ill treatment or harassment. Unfortunately, there are serious concerns that the worsening situation in Manipur may lead to an escalation of violence and, consequently, impunity.
The landmark Judgment in DK Basu vs. Government of West Bengal in 1996 observed that there can be no summoning of innocent people without a warrant or a letter of summons. Moreover, many international bodies including the UN Special Rapporteur on Human Rights Defenders, the Working Group on Arbitrary Detention and the Special Rapporteur on Torture and UN Special Rapporrteur on Indigenous Peoples jointly intervened on Mr. Yumnam’s behalf .These prestigious bodies requested the Government of India, in October 2009, to stop targeting all human rights defenders in Manipur while specifically protecting Mr. Yumnam’s life and physical integrity.
The National Human Rights Commission too has a strong obligation to protect the rights of human rights defenders. The UN Special Rapporteur on the Rights of Human Rights Defenders, Ms. Margaret Saggakya visited India in February 2011. While there, she urged all concerned authorities in India to promote the rights and ensure the protection of all human rights defenders in its territories and to implement the UN Declaration on the Rights of Human Rights Defenders, 1999.
Roles and responsibilities of human rights defenders are crucial in determining the nature and quality of life of peoples and communities worldwide, especially those in conflict and post-conflict situations. Targeting human rights defenders for their human rights work is classified as another serious form of human rights violations and has been denounced worldwide. This included India’s own National Human Rights Institutions and the United Nations human rights bodies.
All right-thinking people, who uphold democratic values, should support the role and importance of human rights defenders in a conflict zone like Manipur. Manipur has a series of recorded patterns of violations amidst the persistence of emergency laws, especially the infamous Armed Forces Special Powers Act, 1958. Also, in a fast-unfolding situation of devastation inflicted on affected communities by development projects, human right defenders become crucial. They foster respect for democratic values, promote a culture of rights and find solutions to seek social, economic and environmental justice-and to an extent political justice as well.
It is a matter of urgency, to take all necessary measures to guarantee that human rights defenders are able to carry out their legitimate human rights activities, without fear of harassment and threat of torture and deprivation of their right to life. And it is extremely critical that emergency laws are reviewed and repealed as necessary. We are speaking of those laws that have an impact on the security and life of human rights defenders and other innocent people of Manipur. The government must foster an environment where human rights defenders feel secure and are not targeted for voicing the legitimate concerns of the people. Falsely implicating human rights defenders as members of armed insurgent groups is a despicable slur on both the defenders and democracy and should be stopped immediately.
The non-functioning of the Manipur Human Rights Commission, due to non-appointment of members by the Government of Manipur, makes it extremely difficult for the human rights defenders to seek immediate redress in cases of violations. The sorry state of affairs with the Manipur Human Rights Commission is something that requires urgent intervention in the promoting of human rights in that region. A special initiative should be taken by The National Human Rights Commission to monitor and respond to all cases of human rights violations in Manipur, including the witch hunt against human rights defenders. Our State Human Rights Commission has already been non-functioning for too long a period of time.
It is high time for the Government of Manipur to fully implement the 2011recommendations of the UN Special Rapporteur on Human Rights Defenders and to set up a policy for the protection of human rights defenders. The Government should refrain from targeting all human rights defenders of Manipur, including Mr. Jiten Yumnam and ensure their rightful protection. All civilians should be protected as outlined in Common Article 3 of the Geneva Conventions and their safety should be upheld in Manipur.
I, therefore, urge you to ensure that,
1. Ensure the safety of life and person of Mr. Jitin Yunman and other human rights defenders,
2. Ensure that the officials responsible for harassing Mr. Yunman without a summon and subjecting him to illegal surveillance are prosecuted,
3. Ensure that the human rights defenders are not falsely implicated into criminal cases,
4. Ensure that the vacant posts of the members in the Manipur Human Rights Commission are filled immediately,
5. Ensure that the fundamental rights of all citizens guaranteed by the constitution are respected and protected.
Sincerely,
—————————————
PLEASE SEND YOUR LETTERS TO:
1. Dr. Manmohan Singh
Prime Minster
Government of India
Room No. 148 B, South block, New Delhi.
INDIA
Fax: + 91 11 230116857; 23015603
Email : manmohan@sansad.nic.in
2. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in
3. The Chief Justice,
Supreme Court of India,
Tilak Marg, New Delhi-110 001 (India)
FAX: +91 11 23381508
Email: e-mail at: supremecourt@nic.in
4. Ms. Shelja Kumari
Minister of Social Justice and Empowerment
Government of India, Shastri Bhawan, Dr Rajendra Prasad Road
New Delhi – 110 001 INDIA
Fax + 91 11 23384918
E-mail: min-sje@sb.nic.in
5. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
