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INDIA: Two human rights activists illegally arrested and tortured in Manipur

August 25, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

25 August 2006

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UA-278-2006: INDIA: Two human rights activists illegally arrested and tortured in Manipur

INDIA: Illegal arrest; torture; threat; intimidation; lack of government action; impunity
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The Asian Human Rights Commission (AHRC) has received information from Human Rights Alert (HRA), a local human rights organization based in Manipur that two human rights activists were illegally arrested, tortured and currently detained in police custody in Imphal, Manipur. Mr. Yengkokpam Langamba Meitei alias Thabi, the Publicity Secretary of the Threatened Indigenous People's Society (TIPS), Manipur was arrested from his house at about 4am on 23 August 2006. The next day Mr. Leitangthem Umakanta Meitei, the Secretary General of the TIPS and human rights lawyer was also arrested from his house at about 4am. Umakanta is also the spokesperson for Apunba Lup--a collation of 34 human rights organisations working in Manipur.

Facts of the case

On 23 August 2006 officers from the Assam Rifles [a para-military unit stationed in Manipur] accompanied by officers from the Manipur police came to the house of Thabi and wanted to conduct a search. The search team was led by Mr. Jhalajit Singh from the Manipur police. Mr. Singh is also the Sub-Divisional Police Officer (SDPO) of Imphal West. The search revealed nothing. However, Thabi was arrested and taken into custody. It is alleged that the officers have introduced some compact disks as materials recovered from Thabi's house. An arrest memo was issued under Section 41 of the Criminal Procedure Code.

The next day, at about 4am a police team led by the same SDPO surrounded the house of Umakanta. After his house was thoroughly searched he was also arrested. No arrest memo was given to the family at the time of arrest. Soon after arrest, Umakanta's wife and younger brother visited him at Imphal City Police Station and an arrest memo was handed over to them at the police station. It is alleged that the time of arrest was shown as 9:30am in the arrest memo. It is also alleged that a First Information Report (FIR) is registered against Umakanta as FIR number 140 (8) 2006 of Porompat Imphal Station under Sections 38 and 39 of The Unlawful Activities (Prevention) Act 1967 [as amended in 2004].

Section 38 and 39 of this Act defines offences relating to membership in terrorist organisations and supporting the activities of such organisations. The offences registered under this Act are non-bailable, and if convicted, guarantee severe punishment like rigorous imprisonment for long periods. It is also alleged that in the arrest memo a police officer Mr. Mohamad Anwar Hussain, Assistant Sub Inspector of the same police station is named as a witness to the arrest. Both victims were produced in the court of the Chief Judicial Magistrate today and have been remanded to police custody till 29 August 2006. It is also alleged that both Thabi and Umakanta were tortured in custody and the Magistrate has failed to record this fact in the proceedings before remanding the victims to further police custody.

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 including 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.

Suggested action

Please write to the relevant authorities listed below voicing your condemnation of the apparent impunity armed officers enjoy in the north-east of India and also to immediately release the victims.

Suggested letter:

Dear _____________,

INDIA: Two human rights activists illegally arrested and tortured in Manipur

Names of victims:

1) Mr. Yengkokpam Langamba Meitei alias Thabi, aged about 26 years, son of  Y. Ranjit Meitei, residing at Top Awang Leikai, Imphal East District, Manipur

2) Mr. Leitangthem Umakanta Meitei, aged about 35 years, son of Leithangthem Kesho Meitei, residing at Porompat Thawanthaba Leikai, Imphal East District, Manipur

Name of the alleged perpetrators: Mr. Jhalajit Singh from the Manipur police. Mr. Singh is also the Sub-Divisional Police Officer, Imphal West and other officers from the Assam Rifles stationed at Imphal west.

Date of incident: 23 and 24 August 2006

I am shocked to learn about the illegal arrest, fabrication of charges and torture of two human rights activists in Imphal, Manipur. I am informed that Mr. Yengkokpam Langamba Meitei alias Thabi and Mr. Leitangthem Umakanta Meitei were arrested on 23 and 24 August 2006. I am also informed that Umakanta was tortured in custody and that both Langamba and Umakanta are currently remanded to police custody by the Chief Judicial Magistrate till 29 August 2006.

I am informed that the charges filed against Umakanta are under the Unlawful Activities (Prevention) Act 1967 which calls for severe punishments. I am shocked to know that the police is allegedly complying with the demands of the Assam Rifles to book two human rights activists in a suspected attempt to silence the entire human rights movement in Manipur.

I am concerned about the safety of the two victims in detention and I urge you to take all possible steps to ensure the safety of the victims. I also urge you to take immediate steps to release the detainees on bail immediately.

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 in Manipur. 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 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, 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 Secretariat
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. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 9179016 (general)

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

8. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-278-2006
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.