Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a civilian was arrested and murdered by security personnel in Manipur. It is reported that this incident is yet another case of a notorious pick up that usually results in torture, killing or enforced disappearances. When the wife of the victim tried to lodge a written report at Singjamei Police Station it was refused by the Officer-in-Charge with no explanation. Local residents have formed a Joint Action Committee (JAC) condemning the killing and are holding state-wide vigils and protest.
CASE DETAILS:
Mr. Langpoklakpam Bimolchandra, son of Mr. L. Birachandra Singh, runs a private rice mill and resides at Haobam Marak Ngangom Leikai, Imphal West District, Manipur. On the morning of the 4 July 2008 Bimolchandra left his house on his scooter to buy medicine for his elder sister, Ms. Langpokpakpam Medhapati Devi. On his way back home he was stopped by a team of Manipur Police Commandos who were traveling in a vehicle bearing registration No. 9150, at Haobam Marak Irom Leikai, near Mangi Dukan. Bimolchandra was asked to get inside the vehicle by the commandos who drove away with Bimolchandra. The incident was witnessed by several persons. One of the Commandos drove away on the scooter Bimolchandra was riding.
At the time of arrest no arrest warrant was issued to family members even though the place of arrest was very close to his house. According to the Criminal Procedure Code 1974 a memo of arrest has to be issued at the time of arrest and also the relatives of the detainee must also be informed about the arrest. At 9.30am on the same day his family was informed that Bimolchandra was killed by Commando personal at Changangei, near Imphal Airport.
On the day of incident, local people gathered and held a public meeting and formed a Joint Action Committee (JAC) against the extrajudicial killing of Bimolchandra. Also on the same day, the police made a statement to the press claiming that from the information received regarding the movement of armed underground anti-state activists operating in the Changangei area, a combined force of Imphal West District Police Commandos and 12 personnel of the Maratha Light Infantry rushed to the area where Bimolchandra was reportedly killed. This combined team had discovered three armed underground activists in this area and a shoot out ensued. The police claimed that two suspects were killed on the spot and that Bimolchandra was one among them. The police also claimed that a hand grenade was recovered from the deceased.
On the same day, Ms. Langpoklakpam Ongbi Rani Devi, the wife of the deceased tried to lodge a written report to the Officer-in-Charge at Singjamei Police Station but the police officer refused to put his signature on the report, needed as his proof of acceptance. She then submitted a written report to the Superintendent of Police, Imphal West District, seeking to take up legal action against the Manipur Police Commandos responsible for killing her husband and requesting that her case be lodged.
On the following day, 5 July 2008, Ms. Devi also submitted a written application to the Director General of Police of Manipur.
On the same day the JAC organised another public meeting and laid out their demands to include the following:
1. The meeting strongly condemns the conduct of the Police Commandos in killing an innocent person picked up from near his house;
2. The meeting demands the dismissal of the personnel of Manipur Police Commandos involved from their service;
3. The meeting also demands the repeal of the Armed Forces (Special Power) Act, 1958 and to stop any act of state sponsored terrorism.
On 6 July 2008 the JAC submitted a memorandum to the Chief Minister of Manipur and also called for a 48 hours state-wide vigil to protest against the extrajudicial killing of Bimolchandra.
The family received the body of the victim after the postmortem on the 6 July 2008.
BACKGROUND INFORMATION:
Growing unrest and an increase in militant tactics prompted the Indian government to declare parts of Manipur as disturbed area. The draconian law the Armed Forces (Special Powers) Act, 1958 (AFSPA) was pressed into use in Manipur in September 1980. This provided impunity to the officers engaged in full-scale military operations in the state. Even non-commissioned enjoy the authority to arrest and detain without warrant individuals and could kill persons on suspicion. Prior to the AFSPA was the Armed Force Special Power Ordinance, 1942 introduced by the British as an instrument to maintain their authority and power in the region.
The armed forces stationed in Manipur occupy strategic locations in civilian areas so that their presence is firmly felt. In practice they dominate the civil administration and even the state judiciary. Their operations are carried out often without the knowledge of the state administration. In one instance a sessions judge in Imphal East, Mr. Max Fajang, was assaulted in his courtroom by the security forces. The police are restricted from gaining access to their operations.
Despite the use of the AFSPA the situation in Manipur has changed very little and it continues to be an area of lawlessness ruled by the security forces, with people live in fear of being killed in fake encounter killings. The frustration felt and lawlessness has led to a number of explosive protests. The ‘Iron Lady of Manipur’, Irom Sharmila Chanu has been fasting since November 2000 following a massacre of ten people, including children, by security forces in Malom (near Imphal).
Twelve women on the 15th July 2004 demonstrated naked in front of the 17th Assam Rifles at Kangla Gate in protest against the rape of women and girls by the security forces. These intense local protests against the security forces and the AFSPA led to the formation of a Committee, chaired by Justice B P Jeevan Reddy, to reinvestigate the issues raised and in their report they recommended that the Act be repealed. Despite the recommendation of the Committee to the parliament, the government has made it clear that the law may be amended but not annulled.
The extent of the deployment of security personnel in Manipur is such that there is one security personnel for every twenty civilians.
SUGGESTED ACTION:
Please send a letter to the authorities mentioned below expressing your concern about this case and calling for an immediate investigation in order to punish the alleged perpetrators.
Please be informed that the AHRC has written a separate letter to the Special Rapporteur on extrajudicial, summary or arbitrary executions calling for an intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Please bring justice to the extrajudicial killing of a man by Manipur Police Commando
Name of victim (extra judicially killed):
1. Mr. Langpoklakpam Bimolchandra, 35 years old, son of Mr. L. Birachandra Singh (deceased)
Name of victim (denied justice):
1. Mrs. Langpoklakpam Ongbi Rani Devi, wife of Mr. Langpoklakpam Bimolchandra
Both are residents at Haobam Marak Ngangom Leikai, Imphal West District, Manipur
Name of alleged perpetrators:
Officers of Manipur Police Commando
Place of incident: Changangei, near Imphal Airport
Date of incident: 4 July 2008
I am writing to express my deep concern of the unlawful killing of Mr. Langpoklakpam Bimolchandra by the security forces in Manipur. In broad daylight, and in front of many eyewitnesses, Bimolchandra was arrested without arrest warrant and driven away by members of Manipur Police Commando. Shortly after, his family was informed that he was killed by security personnel near Imphal Airport.
I have been further informed that when his wife, Mrs. Langpoklakpam Ongi Rani Devi, tried to register the case at the Singjamei Police Station the Officer-in-Charge refused to sign the document, needed as proof of acceptance but gave no explanation for his behaviour. In response, and as an indication of the frustration felt by the civilians in Manipur, a Joint Action Committee (JAC) was organised and they strongly condemned the conduct of the Police Commandos in the killing of Bimalchandra. The JAC leaders have laid out several demands:
1. Recognition from the Government that the Police Commandos picked up from his house and killed him;
2. The dismissal of the personnel involved from the Manipur Police Commandos
3. A repeal of the Armed Forces (Special Powers) Act, 1958 (AFSPA) and stop continued state sponsorship of terrorism.
Despite acting in the view of a number of eyewitnesses the Manipur Police Commando have staged Bimolchandras killing as an encounter killing, claiming a grenade was recovered from his hand. Such impunity and lawlessness of security personnel has done little to resolve the conflict and has only caused to strengthen it, with retaliation carried out by security forces on innocent civilians for the actions of militant groups.
Of particular concern is the enactment of the AFSPA which is in contradiction to the right to life and right to equality before the law as laid out in the Indian Constitution. Under the relevant UN Human Rights instruments, to which India is a party, it violates the right to life, the right to a remedy where violation occur, and the right to be free from torture, and other cruel, inhuman and degrading treatment or punishment. In 1997 the UN Human Rights Committee called upon the government of India to adopt a political, rather than a military solution to the conflict in Manipur. The continuing extrajudicial and fake encounter killings strongly points to the failure of the AFSPA.
I therefore urge you to immediately investigate this case to ensure that if this is a case of murder the persons responsible for the killing are punished. I also further request you to ensure that the victims family also remains safe and that their complaint is registered. The witnesses willing to testify against the Police Commandos must be given immediate protection and their statement recorded.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Manmohan Singh
The Prime Minister of India
Prime Minister’s Of」fice
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23019545
2. Mr. L. P. Gonmei
Commissioner, Civil Secretariat
Imphal, Manipur
INDIA
Fax: +91 385 2311793
3. Mr. Shivraj Patil
Union Minister of Home Affairs
Ministry of Home Affairs, 104-107 North Block
New Delhi 110 001
INDIA
Fax: +91 11 2309 2979
4. Mr. Okram Ibobi Singh
Chief Minister of Manipur
Chief Minister’s Secretariat
Babupara, Imphal, Manipur
INDIA
Fax: +91 385 2221817
E-mail: cmmani@hub.nic.in
5. Justice Mr. Balakrishnan
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
E-mail: supremecourt@nic.in
6. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org)
