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INDIA: Army officer in Manipur threatened, intimidated and allegedly tortured student union activists who were on their way to meet the Chief Minister of the state for a peace talk as per the Minister's invitation

July 24, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

24 July 2006
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UA-250-2006: INDIA: Army officer in Manipur threatened, intimidated and allegedly tortured student union activists who were on their way to meet the Chief Minister of the state for a peace talk as per the Minister’s invitation

INDIA: Threat; intimidation; torture; statutory impunity; collapse of rule of law
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Dear friends

The Asian Human Rights Commission (AHRC) has been informed of yet another incident of intimidation and inhuman treatment by the Indian Army officers from Manipur, a state in the north-east of India. On 15 July 2006, a vehicle in which the representatives of the student movement in Manipur were traveling, while on their way to meet the Chief Minister of the state, was intercepted by army officers. The passengers were taken into custody and interrogated by the officers, despite informing the officers that they were on their way to meet the Chief Minister of the state at his request. During the interrogation, it is alleged that the officers used foul language and physically assaulted the detainees. The victims were later set free and were allowed to continue with their journey.

Jiribam is a sub-division of Imphal East District in Manipur state located 222 km from the capital Imphal bordering the state of Assam.  The District Committee of the All Manipur Students’ Union (AMSU) based in Jiribam, the local council of the Democratic Students’ Alliance of Manipur (DESAM) based in Jiribam, the Jiri College Students’ Union and the Jiribam Higher Secondary Students’ Union had jointly submitted a memorandum pressing for various popular demands including the conversion of Jiri College into a full fledged Government college, the upgrading of Jiribam sub-division into a full fledged revenue district and to appoint the required teachers in educational institutions.

The AMSU Jiribam District Committee submitted an ultimatum to the Chief Minister of Manipur on 3 June 2006. But the government of Manipur failed to pay attention to the demands of the students and there has been an indefinite economic blockade at Jiribam from 21 June 2006 to date. On 11 July 2006, the Chief Minister of Manipur sent a message through the Additional Deputy Commissioner (ADC) Jiribam that he would like to meet the president of AMSU and DESAM Jiribam to discuss the present situation arising out of the on-going strike by the student organisations of Jiribam.

On receiving the invitation, on 15 July 2006 six student leaders led by the President of AMSU Jiribam District Committee took a white Tata Sumo [van] and traveled towards Imphal, along the National Highway number 53, to meet the Chief Minister. On their way at about 10.30am their vehicle was stopped by Major Mr. Abhishek of the Indian Army at the Numgba Army check post who took the students to his camp. The Major asked for the identities of the student leaders and the purpose of their journey. The students identified themselves and explained the purpose of the journey by showing the invitation letter they had received from the office of the Chief Minister. They also showed the officer the forwarding letter for the invitation from the office of the ADC, Jiribam. The army officer took photocopies of the documents and let them off.

However, before the students reached their vehicle, the Major called them back to his office and resumed the interrogation. The session lasted two hours. The officers took photographs of the students and abused them using foul language. The students also allege that they were punched in the chest and were threatened and intimidated. The officer also accused the students of being members of prohibited underground organisations. At about 12.30pm the students were finally released.

Further developments:

On 16 July 2006, Jiri Ima Meira Paibi Apunba Lup (JIMPAL), a women’s organisation of Jiribam and other civil society groups condemned publicly the action of the Indian Army. A general strike was called by the student bodies, supported by other civil society groups from 6.00pm on 16 July to 6.00pm on 17 July 2006 at Jiribam. The leaders of AMSU and DESAM, Jiribam decided that they will not hold talks with the Manipur Chief Minister until appropriate action is taken against the Army officers.

However, a statement issued by the Press Information Bureu (PIB) of the Defense Wing on 17 July 2006 has denied any harassment of the student leaders by the army. Instead the army claimed to have treated the students well and claimed that the officers even offered refreshments to the students.

On 17 July 2006 the Chief Minster of Manipur by a public statement assured that action will be taken against the officers if the allegations by the students are found to be true. As of today no action has been initiated against the officers.

Other background information:

Manipur is one of the seven states in the north-east of India where rule of law has deteriorated to such an extent that the armed forces stationed in the state enjoy complete impunity. Statutory impunity is provided to the armed forces by virtue of the Armed Forces Special Power Act which allows anyone to be taken into custody in the name of suspicion. The Act provides such wide powers that even an ordinary soldier stationed in the state can shoot to kill without his or her action being questioned in any tribunal. In addition various regions in the state and also in various other states in the north-east of India are declared as disturbed areas, where the army and paramilitary are deployed for maintaining law and order. Though their mandate is to provide protection to the local police for maintaining law and order, often the boundaries are crossed in the rules of engagement where literally even the police are under threat from the armed forces.

In the recent past Manipur was in the news after gross human rights abuses from kidnapping, rape and murder were reported from the state. In one incident when a woman was taken into custody by the armed forces, raped and later shot dead, the women in Manipur protested by parading naked in front of the local army headquarters. Though similar incidents attracted media attention, day-to-day life within Manipur, which is always under the shadow of armed officers roaming in the streets kidnapping, torturing, raping and murdering ordinary civilians, is often left unreported. Rape in custody is at such high levels that to prevent the spread of HIV infection within the armed forces the army headquarters have even issued circulars insisting the officers to carry condoms as their standard supply when on regular patrol duty.

Owing to political, geographical and other reasons of national security the north-east of India is always a disturbed region in India. Due to this and also due to the difference of opinion of several communities within the north-eastern states from being considered as a part of India, the region is neglected by the Indian government. Issues ranging from ethnic identity to exploitation of natural resources often prevent any peaceful settlement to the issue. Manipur in the recent past has faced several severe crisis situations where hundreds of lives were lost. Many have disappeared and several tortured to death. Even free reporting of news is under the screening of the armed forces so that none of the incidents of human rights abuses gets reported even in the Indian media. The practical restrictions imposed for free travel within the state and the region for the residents of the state and the statutory restrictions imposed upon other domestic and foreign media provides a complete media blackout in the region. Even the Indian Supreme Court gave up on the people in the region by refusing to intervene when the draconian law ‘The Armed Forces Special Powers Act’ was challenged in the court.

The civil administration also uses the armed forces for threatening and intimidating anyone who entertains a difference of opinion. While the situation within Manipur is already bad, such use of force and authority only serves as counter productive towards any peace process in the state. The incident reported above is one such case which reflects the use of armed forces for similar purpose.

In this case even when the students were able to produce documents showing their purpose of travel, they were intimidated and threatened by the army officer, who presumably enjoyed impunity under law and also arguably had an assurance of no further action from none other then the Chief Minister’s office. This argument is augmented by the mere fact that even after a public statement was made by the Chief Minister of the state and a public outcry occurred regarding the incident the acts of the army officer who interrogated and allegedly inhumanly treated the students are still yet to be investigated. Additionally the Army Act of India, coupled with the powers conferred upon these officers stationed in the region by virtue of the Armed Forces Special Powers Act prevents any inquiry with civilian oversight into the alleged acts of human rights violations of the armed forces. It is in this context that the incident, though trivial as it appears for an outsider assumes gravity by the mere fact that it happened in Manipur.

SUGGESTED ACTION:

Please write to the relevant authorities listed below voicing your condemnation of the treatment of these students and the apparent impunity armed officers enjoy in the north-east of India.

To support this appeal, please click: 

Suggested letter:

Dear _____________,

INDIA: Army officer threatens, intimidates and allegedly tortures student union activists in Manipur

Names of victims: Student union activists belonging to the District Committee of the All Manipur Students’ Union based in Jiribam, the local council of the Democratic Students’ Alliance of Manipur based in Jiribam, the Jiri College Students’ Union and the Jiribam Higher Secondary Students’ Union
Name of the alleged perpetrator: Major Mr. Abhishek of the Indian Army posted at Jiriban district, Manipur
Date of incident: 15 July 2006

I am appalled to learn about the continuing human rights violations reported from Manipur, in this case perpetuated by an army officer who allegedly, under the guise of questioning passengers of a vehicle, in fact took the passengers into custody and threatened and intimidated them. It is also claimed that assault took place.

According to the information I have received, a group of representatives of the student movement in Manipur were traveling in a van on 15 July 2006 on their way to meet with the Chief Minister of the state who had requested a meeting with them following their demands for changes to the education system in the state. The students were carrying with them the official document from the Minister requesting their presence to discuss their demands and the on-going strike of student organisations in Jiribam in relation to this. 

As they drove to meet with the Chief Minister, the six student leaders led by the President of All Manipur Students’ Union (AMSU) Jiribam District Committee were stopped by Major Mr. Abhishek of the Indian Army at the Numgba Army check post who took the students to his camp. The Major asked for the identities of the student leaders and the purpose of their journey. The students identified themselves and explained the purpose of the journey by showing the invitation letter they had received from the office of the Chief Minister. They also showed the officer the forwarding letter for the invitation from the office of the Additional Deputy Commissioner (ADC), Jiribam. The army officer took photocopies of the documents and let them off.

However, before the students reached their vehicle, the Major called them back to his office and resumed the interrogation. The session lasted two hours. The officers took photographs of the students and abused them using foul language. The students also allege that they were punched in the chest and were threatened and intimidated. The officer also accused the students of being members of prohibited underground organisations. At about 12.30pm the students were finally released.

I am aware that there has been much public outcry at the treatment of the students and that a general strike has been conducted. I am also aware that the leaders of the AMSU and the Democratic Students’ Alliance of Manipur (DESAM), Jiribam have decided not to hold talks with the Chief Minister until appropriate action has been taken against the Army officers.

However, a statement issued by Press Information Bureu (PIB) of the Defense Wing on 17 July 2006 denied any harassment of the student leaders by the army. Instead the army claimed to have treated the students well and claimed that the officers even offered refreshments to the students. Though the Chief Minister of Manipur issued a public statement on July 17 assuring that action would be taken against the officers if the allegations by the students were found to be true, as of today no action has been initiated against the officers.

I am well aware of the impunity that armed officers in India’s north-east enjoy and that this incident is not an isolated one. Such impunity is, however, only leading to an increasing number of human rights violations in the region and the further collapse of rule of law there. If the authorities are serious about bringing law and order to India’s north-east and if they respect and wish to uphold human rights principles, then it is imperative that cases such as this are investigated into and persons found to have violated a person’s rights and neglected their duties, should be subjected to disciplinary and legal action. Until such action is taken by the authorities, then the ongoing deterioration of people’s lives and rights will only continue to worsen.

Yours sincerely,

___________________

PLEASE SEND YOUR LETTERS TO:

1. Mr. Manmohan Singh
The Prime Minister of India
Prime Minister’s Office
Room number 152, South Block
New Delhi
INDIA
Fax: 91 11 23016857

2. Mr. Okram Ibobi Singh
The Chief Minister of Manipur
Chief Minister’s Secretriat
Babupara, Imphal, Manipur
INDIA
Fax: 91 385 2221817
Email. cmmani@hub.nic.in

3. Justice Mr. Y. K. Sabharwal
The Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: 91 11 23383792
Email: supremecourt@nic.in

4. Mr. 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: chairnhrc@nic.in

5. Mr. L. P. Gonmei
Commissioner, Civil Secretariat
Imphal, Manipur
INDIA
Fax: 91 385 2311793

6. The Chairperson
Manipur State Human Rights Commission
Courts Complex
Lamphelpat, Imphal, Manipur
INDIA
Fax: 91 385 410472

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-250-2006
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.