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UPDATE (India): A human rights defender has been tortured in custody and remains at risk

September 24, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-026-2009



24 September 2009

[RE: AHRC-UAC-122-2009: INDIA: A detained human rights defender is at risk of false charges and torture]
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INDIA: A detained human rights defender has been tortured in custody and remains at risk

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

The Asian Human Rights Commission (AHRC) is distressed to learn that human rights defender and freelance journalist Jiten Yumnam has been tortured by police in custody. We have also obtained court documents which show that he and the seven other accused were arrested on mere suspicion and unsubstantiated allegations. The documents stand as proof that arrests, detentions and torture are being used to silence voices of protest in the state.

UPDATED INFORMATION:

As reported previously (UAC-122-2009), Mr. Jiten Yumnam and seven others were arrested from places around Manipur on 14 September 2009, in connection with First Information Report 178 (9) / 2009 (Imphal West Police Station).

The next evening all the men – Jiten, Mr. Chungset Koireng, Mr. Likmabam Tompok Singh, Mr. Shamjet Sabano Nanbo Singh, Mr. Irom Brojen Singh, Mr. Amom Soken Singh, Mr. Toarem Ramanda Singh and Mr. Thiyam Dinesh Singh – were produced at the home of the Chief Judicial Magistrate, where Investigating Officer Mr. Ibomche Singh requested a 20 day custody period.

Police claim to have received information that the detainees met on 14 September to plan further protests on July 2 against the extrajudicial executions of civilians, to intensify the pressure on the security forces. The allegations also mention that during the meeting the detainees met members of the PLA, a banned underground organisation in the state.

Though the case diary describes a raid alongside the arrest, in which no incriminating evidence was recovered, police claim that the detainees confessed to the charges during interrogation. Yet when questioned by the magistrate the detainees denied confessing, and said that they had been badly tortured. The magistrate recorded this and agreed to police custody till 29 September, however he has ordered that medical examinations take place every 48 hours, under police supervision.

It is not yet clear whether the magistrate sufficiently questioned the detainees about their torture (mandatory under the Criminal Procedure Code) since the court records make no mention of it. Under ordinary circumstances this should be recorded by the magistrate.

Alarmingly we have learned that police ignored the magistrate's order, and that the detainees were only examined once by a doctor, on 18 September. The medical certificate from Imphal Government Hospital mentions that Jiten complained about pain in his groin and genitals, and the doctors prescribed medicine accordingly. This bolsters concerns that more torture has taken place, and continues.

It should be noted that the former Special Representative of the Secretary General on the situation of human rights defenders, Ms. Hina Jilani, expressed concern about increasing threats, intimidation and even murders of human rights defenders, often with impunity, at the hands of the state, in her report E/CN.4/2006/95/Add.5 on India.

The victims are still in police custody and an application for bail is being filed by Jiten's lawyer in court.

SUGGESTED ACTION:

Please use the sample letter from our previous appeal to seek intervention into Jiten's arrest and torture, and call for his humane treatment and safe release. It also is imperative that the Manipur state government takes action against the police officers involved in the extrajudicial execution of innocent civilians on July 23 in Imphal.

The AHRC has written a separate letter to the Rapporteur on the situation of human rights defenders and the Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment calling for an intervention in this case.



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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-026-2009
Countries :
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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.