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INDIA: A human rights defender tortured and electrocuted in Manipur

March 1, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-017-2010



1 March 2010

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INDIA: A human rights defender tortured and electrocuted in Manipur

ISSUES: Torture; human rights defender, arbitrary detention, draconian laws
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PLEASE SIGN ONLINE PETITION:
Impunity must end in Manipur

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the case of a human rights defender tortured by the police in Imphal, Manipur state. It is reported that the police arrested and tortured the victim, Oinam Bikramjit, in custody. The victim fears that he will be re-arrested and tortured if he takes any actions against the police officers.

CASE DETAILS:

According to the information received by the AHRC, the Manipur State Police Commando Unit arrested Mr. Oinam Bikramjit on September 1, 2009, along with three other human rights defenders namely: Ms. Mutum Ibemhal, Ms. Mayanglambam Radhesana and Ms. Oinam Amuthoi.

At about 5pm on that day, police officers surrounded the house of Mrs. Ibemhal, in Imphal West District. Ibemhal along with Bikramjit, Radhesana and Amuthoi were having tea. The officers searched the house but found nothing incriminating. Soon, a team of women police officers arrived and arrested Ibemhal, Bikramjit, Radhesana and Amuthoi. It is reported that the police violated all legal procedures regarding arrest of persons.

The police produced the four detainees at the Imphal Chief Judicial Magistrate court, on the next day. The Court released Radhesana and Amuthoi on bail but remanded Bikramjit and Ibemhal into custody. The Court allowed the police to keep Bikramjit and Ibemhal in police custody instead of judicial custody till 4 September. On 4 September the police produced Bikramjit and Ibemhal again in court, and the court remanded them into judicial custody till 17 September.

At this point the officers from Nambol Police Station approached the court with a prayer to allow them to arrest Bikramjit in connection with a case concerning the burning of Nambol Sub Divisional Office that happened on August 20, 2009. The court ordered to produce Bikramjit before the court and allowed the Nambol police to record their arrest of Bikramjit. Then they produced Brikamjit in the court of Chief Judicial Magistrate in Bishnupur with a prayer for police remand. The Court allowed the application and remanded Bikramjit into police custody till September 7, 2009.

In the meanwhile, the District Magistrate, Imphal West District issued an order on September 5, 2009 to detain Bikramjit under the National Security Act, 1980 (NSA). The NSA allows preventive detention of a citizen for prolonged periods with limited possibilities of bail. Bikramjit was not brought before the Bishnupur court on 7 September.
 
According to our information, the police tortured Bikramjit in custody. Bikramjit along with others were released from custody on January 7, 2010. But he is suffering from physical as well as mental trauma from the severe torture inflicted upon him while in custody. It is reported that the police resorted to brutal forms of torture upon Bikramjit, including electrocuting him. Bikramjit is afraid that the police will detain him again if he initiated any action against the officers. He requires immediate expert medical assistance and counseling for trauma.

BACKGROUND INFORMATION:

Oinam Bikramjit is a human rights activist in Manipur. He is an active campaigner in the state-wide movement calling for the withdrawal of the draconian laws like the Armed Forces (Special Powers) Act, 1958 from the state. He has also been vocal against the extrajudicial executions carried out by the security forces in Manipur. He is the General Secretary of the United People Front of Manipur. He is part of the Apunba Lup, an umbrella body of different organisations in Manipur. It is believed that Bikramjit's arrest was a kneejerk reaction by the state government against the mass protest organised by Apunba Lup and other human rights organisations against the 23 July killings in Manipur. For further reading about the 23 July murder, please see AHRC-UAC-098-2009; AHRC-UAC-122-2009 and The state of the republic is showcased in Manipur.

The NSA allows detention of persons considered as security risk anywhere in India. Under its provisions, the authorities could detain a suspect without charge or trial for a period up to one year. The state government must confirm the detention order, which is reviewed by an advisory board within seven weeks of the arrest. The process however is non-transparent. The NSA limits the power of the lower courts like the magistrate courts to review detention orders and thus deprive the persons detained under this law from obtaining any immediate legal redress. Declaration of a state of emergency is no precondition to charge a person under the NSA. For these reasons the NSA has been misused by authorities in India. In particular, the NSA is used against human rights and other political activists to silence opposition.

In February 2009, the UN Working Group on arbitrary detention released a joint study along with other Special Rapporteurs on the practice of arbitrary detention in countering terrorism. It stated that 'arbitrary detentions and disappearances have been a longstanding concern in India, particularly in the states in which the Armed Forces Special Powers Act, 1958 applies'. During the 2008 Universal Periodic Review of India, the Human Rights Council also remarked that the continuing reliance on special powers under legislations such as the Armed Forces (Special Powers) Act, 1958 the Public Safety Act, 1978 and the National Security Act, 1980 in areas declared to be disturbed is cause for serious human rights violations.

SUGGESTED ACTION:

Please write to the authorities named below demanding an investigation into the case of torture. The circumstances under which Bikramjit was arrested must be investigated and if the investigation reveals breach of law, the concerned officers must be punished.

The AHRC is writing a separate letter to the Rapporteur on the situation of human rights defenders calling for his intervention in this case.

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PLEASE SIGN ONLINE PETITION:
Impunity must end in Manipur
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To support this appeal, please click here:

SAMPLE LETTER:

Dear …………….,

INDIA: The case of torture of Oinam Bikramjit must be investigated

Name of the victim: Oinam Bikramjit, 34, General Secretary of United People's Front, resident of Oinam Mamang Leikai, Bishunupur District, Manipur, India
Date of incident: September 1, 2009

I am writing to express my concern regarding the case of Mr. Oinam Bikramjit who was arrested and reportedly tortured in custody in Manipur.

According to the information I have received, the Manipur State Police Commando Unit arrested Bikramjit from the house of Ms. Mutum Ibemhal on September 1, 2009. The police have reportedly arrested Bikramjit along with three other persons, Ms. Mayanglambam Radhesana, Ms. Oinam Amuthoi and Ms. Mutum Ibemhal. I am informed that at the time of arrest, the police officers failed to follow the procedures stipulated in the Criminal Procedure Code, 1973.

I am aware that the police released Bikramjit from custody on 7 January. I am however concerned to know that the police tortured him in custody and even electrocuted him. I am informed that he is afraid to speak about the incident due to fear for re-arrest, even though he is outside the police custody. I am also informed that Bikramjit requires immediate medical care and trauma counseling to recover from the mental and physical trauma he has suffered at the hands of the police.

I am aware that torture is not permitted under Indian law. I am however concerned to know that torture is widely practiced in India. I suspect that the lack of appropriate investigations and prosecutions of officers is one of the reasons for the widespread use of torture in the country.

I am further informed that draconian laws like the Armed Forces (Special Powers) Act, 1958 and the National Security Act, 1980 are misused by the police as well as other state agencies in India.

I therefore urge you to review the implementation of these laws in India. I am aware that entities like the United Nations and its several mandate holders like, the UN Working Group on arbitrary detention have urged the government of India to review the operation of these laws. I am also informed that a similar opinion was made by the Human Rights Council during India's Universal Periodic Review and that the same opinion is shared by India's National Human Rights Commission.

I therefore urge you to ensure that:

1. The statement of the victim is recorded;
2. The victim is provided immediate security and medical treatment;
3. A judicial inquiry is held into the entire incident and the records of the inquiry transferred to the Central Bureau of Investigation, investigating the July 23 murder;
4. If the judicial inquiry reveals a crime committed by the police officers against the victim, that the officers are immediately prosecuted in a separate trial;
5. The officers accused in the case of having tortured the victim are immediately placed under suspension and removed from active duty;
6. To review the operation of draconian laws like the Armed Forces (Special Powers) Act, 1958 and the National Security Act, 1980 are reviewed.

Yours faithfully,

PLEASE SEND YOUR LETTERS TO:

1. Pratibha Patil Devi,
President
Office of the President
Rashtrapati Bhawan,
New Delhi 110004
INDIA
Fax: +91 11 23017290
E-mail: presidentofindia@rb.nic.in 

2. Dr. P. Chidambaram
Minister, Ministry of Home Affairs
Griha Mantralaya Room
No. 104, North Block Central Secretariat
New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763
E-mail: hm@nic.in 

3. Mr. Okram Ibobi
Chief Minister & Home Minister of Manipur,
Chief Minister's Secretariat, Babupara
Imphal 795001, Manipur
INDIA
Fax: + 91 385 2221817
Email: cmmani@man.nic.in 

4. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 23340016
E-mail: chairnhrc@nic.in 


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)


 
Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-017-2010
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.