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INDIA: Extreme abuse of power by the Central Reserved Police Force in Manipur

January 25, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

25 January 2005
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UA-13-2005: INDIA: Extreme abuse of power by the Central Reserved Police Force in Manipur

INDIA: Extra-judicial killings; Inhuman torture; Arbitrary detention; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Centre for Organisation Research and Education (CORE), a human rights organisation in Manipur, India, about the indiscriminate killings, arbitrary detention and torture of innocent civilians by the Central Reserved Police Force (CRPF) on 18 January 2005 in Wangoo Nungai Sabal Noyaikhong Mapal, Thoubal District, Manipur, India.

The CRPF, which is a part of the Indian Paramilitary Force, was deployed under the Armed Forces (Special Powers) Act, 1958, by the Government of India to control the active armed opposition groups in Manipur, India. On January 18, 132 CRPF personnel, who were patrolling Wangoo Nungai Sabal Noyaikhong Mapal under the Sugunu Police Station, were attacked by unidentified gun men. In retaliation the police force fired indiscriminately resulting in the death of at least four innocent civilians. It is alleged that one of these four was falsely labelled as a rebel and was executed by the CRPF personnel on the spot. The CRPF also detained three other civilians and tortured two women while looking for the accused attackers.

AHRC urges you to intervene in this matter immediately. Please urge the Manipur state government to ensure that all police personnel involved in this incident are punished and the victims' families are duly compensated for their losses. Please also request the Government of India to instruct all its military, paramilitary and security forces to use their firearms and weapons in accordance with domestic and international laws and standards.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victims:
a. Victims of Extra Judicial Killing:
1. Thokchom Puspa Devi, Age 11yrs. Female, daughter of late Thokchom Bimjaou,
2. Lourembam Maipak, Age 55yrs. Male, son of Lourembam Moirangningthou Singh
(The two are residents of Wangoo Nungai Sabal Nongyaikhong Mapal Leikai, Thoubal District, Manipur, India)
3. Two other unidentified civilians
b. Arbitrary Detention:
1. Rajkumar Dhinesana, Age 30yrs, Male
2. Naorem Shanti, Age 40 yrs, Male
3. Ksh. Manglem, Male
(All the three are residents of Wangoo Nungai Sabal Nongyaikhong Mapal Leikai, Thoubal District, Manipur, India)
c. Torture: Two unidentified women

Place of incident: Wangoo Nungai Sabal Noyaikhong Mapal under the Sugunu Police Station, Thoubal District, Manipur, India
Alleged perpetrators: 132 Central Reserved Police Force stationed at Wangoo Lamkhai Wangjing Khunou
Date of incident: 18 January 2005

Case details:

On 18 January 2005, the Central Reserve Police Force (CRPF), who were patrolling the Wangoo Nungai Sabal Noyaikhong Mapal area under Thoubal District, Manipur, were fired at by unidentified gunmen. In the indiscriminate retaliatory firing that followed, at least four innocent civilians were killed. Of the four, two were youths who were just passing by yet were killed in  the backyard of Rajkumar Dhinesana.

Of the other two innocent victims, one of them, Thokchom Puspa Devi, was feeding pigs in her courtyard at the time the firing took place. On hearing the gun shots she tried to run inside her house but unfortunately was hit by a bullet and died on the spot.

The other victim, Lourembam Maipak, a local priest was having tea at nearby stall. On hearing gunfire, he tried to run for cover. It is alleged that he was stopped from doing so and was forced to hold a wireless set supposedly communicating with the armed rebel groups by the CRPF personnel. He was then photographed (to be later circulated by the security force, thus branding him a rebel) and killed to demonstrate to the armed rebels what they would face if they resisted.

Apart from this grave offence, it is also alleged that the CRPF personnel tortured two innocent women and arbitrarily detained and interrogated three others namely, Rajkumar Dhinesana, Naorem Shanti and Ksh. Manglem for interrogation.


BACKGROUND:

Manipur, a small border province in the remote north eastern region of India, with a population of 2.3 million, has been the centre of an armed conflict for many years. In order to control the active armed opposition groups, the CRPF, a part of the Indian Paramilitary Force, was deployed under the Armed Forces (Special Powers) Act, 1958, by the Government of India.  

However in the past, many cases of human rights violations such as indiscriminate firing at innocent civilians, arbitrary detention, torture and other forms of cruelty by the security forces and the police have emerged. The police and the other forces often randomly fire into crowded areas. Since these forces enjoy impunity, these acts of abuse and violence most go unpunished.

It is extremely unfortunate that the very people employed by the government to defend and provide a secure and peaceful environment such that people can live without fear, have now become the offenders themselves. This incident once again exposes the total failure of domestic mechanisms that are designed to defend human rights and safeguard citizen's rights in India.

SUGGESTED ACTION:
Please send a letter to Mr. Okram Ibobi Singh, the Chief Minister of Manipur requesting him to order an immediate and thorough investigation in this serious case and punish the responsible CRPF personnel by law. Please also send a copy of the letter to other relevant local authorities.

Sample letter:

Dear Mr. Okram Ibobi Singh,

Re: Extreme Abuse of power by the Central Reserved Police Force in Manipur

Name of victims:
a. Victims of Extra Judicial Killing:
1. Thokchom Puspa Devi, Age 11yrs. Female, daughter of late Thokchom Bimjaou,
2. Lourembam Maipak, Age 55yrs. Male, son of Lourembam Moirangningthou Singh
(The two are residents of Wangoo Nungai Sabal Nongyaikhong Mapal Leikai, Thoubal District, Manipur, India)
3. Two other unidentified civilians
b. Arbitrary Detention:
1. Rajkumar Dhinesana, Age 30yrs, Male
2. Naorem Shanti, Age 40 yrs, Male
3. Ksh. Manglem, Male
(All the three are residents of Wangoo Nungai Sabal Nongyaikhong Mapal Leikai, Thoubal District, Manipur, India)
c. Torture: Two unidentified women

Place of incident: Wangoo Nungai Sabal Noyaikhong Mapal under the Sugunu Police Station, Thoubal District, Manipur, India
Alleged perpetrators: 132 Central Reserved Police Force stationed at Wangoo Lamkhai Wangjing Khunou
Date of incident: 18 January 2005

I am deeply concerned to hear of various human rights violations that have taken place at the hands of the Central Reserve Police Force (CRPF) stationed in Manipur, India. In an incident on 18 January 2005, the CRPF who were patrolling Wangoo Nungai Sabal Noyaikhong Mapal, in Thoubal District, Manipur were attacked by unidentified gunmen. The CRPF retaliated by firing indiscriminately at the civilian population resulting in the deaths of four innocent people.

Amongst the victims, Thokchom Puspa Devi, who was in her courtyard at the time the firing took place. Though she tried to run, she was hit by a bullet and died. Lourembam Maipak, a local priest, who was having tea at a nearby stall, was caught by the CRPF personnel and was allegedly executed at the spot after being falsely labelled as an armed rebel.

In addition to this, it is also alleged that CRPF personnel tortured two innocent women and arbitrarily detained and interrogated three others, namely, Rajkumar Dhinesana, Naorem Shanti and Ksh. Manglem.

I urge you to look into this incident immediately so that speedy legal/disciplinary action can be taken against the perpetrators. An independent investigation by a law enforcement body outside the state should be carried out to ensure full impartiality. Since there have been many such reports of human rights violations by the security forces in Manipur, it is imperative that the Manipur state government takes urgent steps to control the situation and guarantee the protection of its civilian population. I also urge the Government of India to issue proper instructions to all security, police, military and para military forces in the country, on the proper and discriminate use of firearms and other weaponry in accordance with national and international principles. I further urge you, together with the Government of India, to take speedy steps to withdraw the Armed Forces (Special Powers) Act, 1958 under which the security forces enjoy impunity and which has become a platform for many human rights violations.

To ensure that such abuses do not continue either in Manipur or any other state in India, it is imperative for you to pressure the Government of India to ratify the International Convention against Torture (CAT) and implement the convention domestically.

Yours sincerely,


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PLEASE SEND A LETTER TO:

Mr Okram Ibobi Singh
Chief Minister & Home Minister of Manipur
Chief Minister's secretariat
Babupara, Imphal 795001
Manipur
INDIA
Tel: +91 385 2221833, 2220137 (O); 2220136, 2222683 (R)
Fax: + 91 385 2221817
Email: cmmani@hub.nic.in

SEND COPIES TO:

1. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
E-mail: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in

3. Mr. Shivraj Patil 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

4. Justice Shri W.A. Shishak  
Chairperson
Manipur State Human Rights Commission
Room No. VIP-II, State Guest House
Sanjenthong, Imphal-795001
Manipur
INDIA
Tel: +91 385 2410473 (O) / 2447438 (R)
Telefax: +91 385 2410472
E-mail: mhrc@man.nic.in

4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND  
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-13-2005
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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.