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INDIA: A detained human rights defender is at risk of false charges and torture

September 17, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-122-2009



18 September 2009
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INDIA: A detained human rights defender is at risk of false charges and torture

ISSUES: Human rights defenders; impunity; extra judicial execution; militarisation
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Dear friends,

The Asian Human Rights Commission (AHRC) is extremely concerned for the safety of human rights defender and freelance journalist Jiten Yumnam, who it has learned, has been arrested and detained in Manipur. Jiten was reportedly taken into custody by officers from the Manipur State Police Special Commando Unit stationed at Imphal West Police Station on 14 September, while on his way to Thailand. He was scheduled to participate in an international meeting on the United Nations Framework Convention on Climate Change. The AHRC is concerned that Jiten will face fabricated charges and severe abuse in custody, and calls for his swift and safe release.

CASE DETAILS:

Jiten Yumnam is a human rights defender and freelance journalist and has been actively involved in campaigns involving environmental issues, and the toll taken by militarisation in Manipur.

Jiten was active in an international campaign against police officers who murdered a young man and a pregnant woman in the Manipur capital this July (please see our Urgent Appeal: UAC-098-2009). Bystander photographs proved the involvement of the Manipur State Police Commando Unit and contradicted their official report of the deaths, causing mass civil protests. We have learned that the UN Rapporteur on Torture has also written to the Government of India requesting a report on the incident, though no one has yet been arrested or any action taken against the perpetrators.

It appears that the state administration has instead started to target human rights defenders and political activists involved in the campaign. The state police have arrested several protesters so far and fabricated cases against them using the National Security Act, 1980. The Act is widely misused by the government to lengthily detain human rights defenders and political activists, and we are concerned that it will soon be used against Jiten.

According to the information received by the AHRC, neither the victim nor his family have been told of the charges against him. Unverified reports have suggested that he and seven other persons arrested on the same day will be charged with offenses punishable under the Unlawful Activities (Prevention) Act, 1967, the Official Secrets Act, 1923 and the Indian Penal Code, 1860. It is also not clear as to whether Jiten has been produced before a local magistrate (mandatory under Indian law). Previous experience in Manipur gives the AHRC strong concerns that Jiten's life could be at risk in police custody.

ADDITIONAL INFORMATION:

The AHRC and other human rights organisations working against militarisation and terrorism in Manipur has documented numerous cases in which detainees are shot dead by police or soldiers in fake encounters (or 'escapes') after arrest. Similar tactics are also used by underground terrorist groups operating in the state. The AHRC is monitoring the situation and will update you regarding any further information regarding this case.

Jiten is one of the founding members of the Asia Pacific Indigenous Youth Network (APIYN) , which issued a statement about his arrest and launched an online signature campaign seeking his immediate release (view and sign here). Jiten is also the Joint-Secretary of the group, Citizens' Concerns on Dam and Development, and has published several articles, including Militarisation and human rights violations in Manipur, which he co-authored for the AHRC publication, Article 2. 

SUGGESTED ACTION:

Please write to the authorities below seeking intervention in Jiten's arrest and calling for his safety and humane treatment while in custody.

The AHRC is also writing a separate letter to the Rapporteur on the situation of human rights defenders and the Working Group on arbitrary detention calling for an intervention in this case.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

INDIA: Please ensure the safety of detained human rights activist Mr. Jiten Yumnam

Name of the victim: Mr. Jiten Yumnam, human rights activist; Joint-Secretary of Citzens' Concerns on Dam and Development, Imphal, Manipur.

Name of the alleged perpetrators: Police officers attached to the Manipur State Special Commando Unit, Imphal West Police Station, Manipur

Date of incident: 14 September 2009

I am writing to voice my concern regarding the arrest and detention of Mr. Jiten Yumnam, a human rights activist and freelance journalist working in Manipur. I am informed that Jiten was arrested from Imphal airport while he was waiting to travel to Bangkok to participate in an international meeting on the United Nations Framework Convention on Climate Change. I am also aware that the arrest was made by the police officers attached to Manipur State Special Commando Unit, Imphal West Police Station.

I am concerned to find out that the exact charges against Jiten have not been made available to either Jiten or his family, and am aware that seven other persons were arrested on the same day on similar charges.

It appears extremely likely that Jiten has been arrested in an attempt to thwart state-wide protests organised against the extra judicial execution of two civilians on 23 July, in which he was actively involved. I am concerned to know that despite national and international interventions in that case, no one has been arrested or and no action have been taken against the police officers shown to be involved by photographs which are widely available.

Furthermore I am told that Jiten's life could in danger in police custody. There have been many occasion in the recent past in which detainees have been killed in fake encounters by state police and members of the military units operating in Manipur.

I urge you to take necessary actions to ensure that:
1. All possible steps are taken to ensure the safety of Jiten while he remains in custody;
2. Jiten is produced before a local magistrate without any further delay and his statement recorded in the presence of a lawyer of his choice;
3. Jiten as well as his family is informed about the charges registered against him;
3. An independent inquiry is conducted into the case and the investigation is monitored by an independent body other than the state police, for instance the Central Bureau of Investigation;

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. Honourable Pratibha Patil Devi,
President, Office of the President, Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Fax: +91 11 23017290
E-mail: Chief Minister or pressecy@Sansad. nic.in

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

4. Mr. 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
Email: websitemhaweb@mha.nic.in

5. Chairperson
Manipur State Human Rights
Commission Room No. VIP-II, State Guest House
Sanjenthong, Imphal-795001 Manipur
INDIA
Telefax: +91 385 2410472
E-mail: mhrc@man.nic.in

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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-122-2009
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.