INDIA: Murder and arbitrary arrest with absolute impunity by security forces in Manipur 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our partner organisation from Manipur, India that the security forces deployed in Manipur are engaged in murder, arbitrary and illegal arrests and custodial torture. The AHRC is also informed that the acts committed by the 24 Assam Rifles, a military contingent deployed in Manipur under the Armed Forces Special Powers Act are being left unchecked. It is reported that the local community and even some local police fear the officers from the 24 Assam Rifles and the police who refuse to take any action on complaints lodged against army officers.

In the latest series of incidents the AHRC is informed that at least four cases have occured involving members of the armed forces either having tortured or murdered locals with impunity.

Case one

Name of victim: Mr. Sarangthem Jayenta, alias Arun, son of Sarangthem Chaobhan of Hiyangthang Maning Awang Leikai, within the jurisdiction of Imphal West police station, Manipur, India
Name of alleged perpetrators: Members of 24 Assam Rifles stationed at Moreh
Date and time of incident: 1 January 2006 at about 8.30pm
Place of incident: Moreh police station compound

Facts of the case

On 1 January 2006, personnel from the 24 Assam Rifles posted at Moreh arrested Mr. Sarangthem Jayenta alias Arun, from Moreh police compound at about 8.30pm. The arrest was witnessed by several locals who had gathered in the area to celebrate the new year. However the Assam Rifles now deny the arrest and the local police express their ‘helplessness’ since it is a case against army officers. The residents of the town, particularly the women, staged a public protest against the arrest. The Assam Rifles attacked the procession injuring 10 Meira Paibi (women human rights activists).

A complaint was lodged with the Moreh police station by Mr. Sanasam Maglem, the brother-in-law of the victim on January 2 and a First Information Report (FIR) no. 1 (1) 06 MRH-Ps under Section 365 read with Section 34 of the Indian Penal Code was registered. As the public pressure mounted the Assam Rifles handed over Jayenta to the Imphal West police station on January 4 stating that he was arrested on January 3. He was severely tortured and Jayenta was framed as a member of the banned People Liberation Army under FIR no. 2(1) 06 MRH-Ps under Section 17 and 20 of the Unlawful Activities (Prevention) Act 04, and section 25(1-C) of the Arms Act, Section 5 of the Explosive Substances Act.

Case two

Name of victim: Mr. Jangkhotinmang Haokip alias Mangcha, aged 27 years, son of Thangkholun, Chavangphai village of Moreh Ward no. 7 Manipur, India
Name of alleged perpetrators: Members of the 24 Assam Rifles stationed at Moreh lead by Commanding Officer Colonel Mr. K.S. Kadian
Date of incident: 11 January 2006
Place of incident: Chavangphai village of Moreh Ward no. 7, Manipur, India

Facts of the case

Personnel of the 24 Assam Rifles in civilian clothes, led by its Commanding Officer Colonel Mr. K.S. Kadian, drove into Chavangphai village of Moreh Ward no. 7 in a red van bearing no registration number. Some villagers were sitting around a small fire by a roadside restaurant. The villagers stopped the van to identify the persons inside thinking that the occupants might be insurgents. On realising that they were members of the 24 Assam Rifles they ran for their lives. Another group of villagers were also sitting beside a fire in the courtyard of Mr. Holngam Mate, next to the restaurant. They were also scared and rushed inside the house. According to eyewitnesses, two Armed Reserve personnel chased the victim into the kitchen, shot him at pointblank range and subsequently tortured him. He died on the way to hospital. The victim was the village carpenter.

The next day a complaint was lodged with the Moreh police station by Mr. Tongkholun Haokip, Chairman, Hill Tribal Council Unit XII, Chavangphai and the police registered FIR no. 6(1)06 MRH-Ps under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. The Assam Rifles also filed a counter FIR no. 7(1)06 MRH-Ps under Section 307 read with Section 34 of the Indian Penal Code and Section 25(1-C) of the Arms Act on the same incident alleging that armed opposition groups attacked them while on duty.

Case three

Name of the victim: Mr. Lairenlakpam Uttam, aged about 18 years, son of Mr. L. Bijoy of Moreh, Manipur, India
Name of alleged perpetrators: Major Mr. Atul Yadav and officers from 24 Assam Rifles
Date of incident: 15 January 2006
Place of incident: Premises of Hotel Geetanjali, Moreh, Manipur, India

Facts of the case

On 15 January 2006, officers from the 24 Assam Rifles went to Hotel Geetanjali, Moreh and picked up Lairenlakpam. He was slapped, intimidated and told to supply women for the soldiers stationed at Moreh. Lairenlakpam alleges that Major Mr. Atul Yadav threatened him with his life if he failed to supply the comfort women by Thursday, January 19. As this information spread gradually to the public the women of Moreh protested. As of today Lairenlakpam lives in fear and he expects the Army to pick him up gain and charge him with a non-bailable offences since he did not comply with the demand of the officers to supply women.

Case four

Name of victim: Mr. Ningthoujam Chaoba, aged 27 years, son of N. Yaima of Sagolband, Imphal West District, Manipur, India
Name of alleged perpetrators: Major Mr. Atul Yadav and other officers of the 24 Assam Rifles, stationed at Moreh, Maipur, India
Date of incident: 16 January 2006 at 3.30pm
Place of incident: The premises of Hotel Broadway, Moreh at Manipur, India

Facts of the case

On 16 January 2006, the Officers from the Assam Rifles summoned all hotel owners in Moreh and demanded that the customers at the hotels could stay only on production of identity cards and that hotel records should be submitted to the Army regularly, failing which the hotels would be closed down.

The same day officers from the 24 Assam Rifles led by Major Mr. Atul Yadav went to Hotel Broadway, Moreh at about 3.50pm and tried to arrest Mr. Ningthoujam Chaoba. Chaoba was visiting and staying at Moreh with his wife and three-month-old baby since January 10. When Chaoba protested he was dragged out of the hotel while he was holding his baby. In the scuffle the baby was hurt.

The Meira Paibis of Moreh pleaded for the safety of the baby and insisted on issuing an arrest memo, as required by the Supreme Court guidelines on arrest. But the officers refused and assaulted the women with rifle butts and also kicked them. Six women out of some twenty were seriously injured and hospitalised. A police complaint was lodged by Ms. Samulailatpam Sushila Devi in this regard and FIR no. 8(1) 06 MRH-Ps under Section 354 read with 34 Indian Penal Code and section 27 of the Arms Act was registered against the officers.

Chaoba was subsequently handed over to the Moreh police station. While in police custody, when his wife went to meet him, Chaoba complained that he was tortured, treated inhumanely and sexually harassed while he was in the custody of the Assam Rifles. On January 18 local newspapers reported that Chaoba was ‘made to strip naked, dance and was sodomised by three Assam Rifles personnel in their camp’.

As public anger against the Assam Rifles increased, a big protest rally and public meeting was held on January 20. The meeting demanded the transfer of the 24 Assam Rifles from Moreh immediately. It was further resolved that the people of Moreh would otherwise leave their homes and stay at the no-man’s land between India and Myanmar border to protect themselves from the persistent torture and oppression by the Indian security forces. Around 4.00pm the same day, Brigadier Mr. R. A. Lewis of the Assam Rifles met the civil society leaders of Moreh to discuss the matter. However, no solution was arrived at.

It is not the first time that AHRC has raised its concern about such issues from India. However, the AHRC is yet to receive even a reply from the Indian authorities in this regard. The higher judiciary in India, the Supreme Court of India in particular is known for its innovative approaches in exercising its Constitutional authority in safeguarding the fundamental rights of all citizens. One such attempt was the judgment delivered in 1996, better known as the D.K. Basu case where the court laid down directives to the government which the law enforcement agencies were directed to follow without failure at the time of executing arrest and while detaining persons in custody. These directions are now incorporated into the Criminal Procedure Code of India as a result of the latest amendment of the Code in 2005.

However, it is highly ironic that owing to a draconian law otherwise known as the Armed Powers Special Powers Act, all these guidelines are ignored and the Army officers are left to enjoy absolute impunity in Manipur. Under the cover of this law, the domestic laws which are intended to protect citizenry from the vicious acts committed by law enforcing agents in Manipur have no meaning. Even the Constitution of the country and the interpretation of Article 21 of the Constitution intended to safeguard individual rights are violated everyday and is left unchallenged.  The AHRC condemns the violence perpetrated against innocent persons in Manipur and calls for your urgent intervention in this matter.

SUGGESTED ACTION:
Please write to the authorities listed below expressing your concerns over the state of affairs in Manipur.

 

 

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