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INDIA: Torture and murder of a woman by armed forces in India

July 29, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

29 July 2004
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UA-96-2004: INDIA: Torture and murder of a woman by armed forces in India

INDIA: Torture, Impunity, Draconian laws and Government Sanction
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Centre for Organisation Research & Education (CORE) on the exra-judicial killing of a 32-year old woman named Thangjam Manorama by the personnel of the paramilitary force 17 Assam Rifles on 11 July 2004. Her body was found at around 5:00 p.m in She was found at Keirao Wangkhem Road near Ngariyan Maring Village, after she was picked up by the armed forces in the early morning of July 11. When it was found, the body wore no proper clothes and Manorama’sfamily believes that she had been raped and then killed by the army personnel.

According to the report from CORE, curfew was imposed in Greater Imphal, Bishenpur and Thoubal Districts of Manipur, India since 15 July 2004 in wake of widespread public protests against the torture and extra-judicial execution of Manorama. Large number of people came out on the streets defying the curfew that caused street battles between the people and Manipur police. It was reported that over 100 people were injured in the police firing on July 16, while the police tried to disperse the people at various places including Kongba, Sangakpham, Tera, Uchekon and some on the outskirts of the state capital using tear gas and rubber bullets.

Manipur state administration and the military agreed to inquire the case of Manorama. However, almost all judicial inquiries ordered in prior cases of arbitrary execution are pending disposal since the army was not cooperating and it is believed that this case also will not get justice. Your urgent action is required to pressure the government of India to take genuine action to correct this matter.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of the victim: Thangjam Manorama alias Henthoi, 32 years old, resides in Bamon Kampu, Imphal East District, Manipur, India
Date of arrest: 11 July 2004
Place of incident: Bamon Kampu, Imphal East District, Manipur, India
Alleged perpetrators:
1) Suresh Kumar (Army no. 173355) Havildar, General Duty of the Assam Rifles
2) T. Lotha (Army no. 173916), Rifleman
3) Ajit Singh (Army no. 173491), Rifleman
4) Other personnel of the paramilitary force 17 Assam Rifles

Case details: (based on reports from non-governmental organization CORE working in Manipur)

Account of the incident:

A 32 year old woman named Thangjam Manorama alias Henthoi was brutally tortured and allegedly executed by personnel of the paramilitary force 17 Assam Rifles stationed in Manipur, after she was picked by them on the early hours of 11 July 2004.

According to the victim's family, troops of the 17 Assam Rifles along with two Manipuri speaking people came to their house in Bamon Kampu, Imphal East District around midnight (12:00 a.m.) of 11 July 2004 and they broke the door and entered the house. At that time Manorama was sleeping in her room. When the security personnel found her, they dragged her out from her bed and beat up the family members when they tried to stop them. Then they locked the house door from outside and brutally assaulted Manorama after blind folding her and tying her hand and feet.

At around 3:30 a.m. of July 11, the security personnel took Manorama along with them. They issued a memo of arrest to the family. In the memo of arrest, Havildar, General Duty of the Assam Rifles Suresh Kumar (Army no. 173355) and Riflemen T. Lotha (Army no. 173916) and Ajit Singh (Army no. 173491) put their signatures as authority and witnesses. According to the memo of arrest, no incriminating documents or articles were found with Manorama at the time of her arrest. The army personnel also forced the family to sign on some papers that they do not know about. The army personnel told the family that Manorama would be handed over to the Irilbung police in the morning. A report filed at the Irilbung Police Station in the early morning of 11 July 2004 indicated that Manorama was taken by the Assam Rifles personnel.

However, the bullet ridden body of Manorama was found at around 5:00 p.m. on 11 July 2004 by the villagers at Keirao Wangkhem Road near Ngariyan Maring Village, about four kilometers from the family's house. When it was found, the body wore no proper clothes. The body reportedly bore finger-scratch marks were found all over the body and a gashing wound probably made by knife was found on her right thigh, too. Several fatal bullet wounds were seen on her back, the upper buttock and the genitalia. Manorama's family strongly believes that she had been raped and then killed by the army personnel.

A post-mortem on the victim's body was conducted on July 11 at the Regional Institute of Medical Sciences, Imphal but the victim�s family insisted that it was not conducted properly according to the guidelines laid down by the National Human Rights Commission. Until now, the family has been refusing to receive the body calling for proper and independent post-mortem and the victim's body is still in the RIMS morgue.

However, the official spokesman of 9 Sector Assam Rifles said on July 11 that Manorama was a member of the banned Peoples Liberation Army (PLA) and was shot dead when she tried to flee while leading the Assam Rifles to a PLA hide out. The spokesman contradicted the memo of arrest given to the victim's mother saying that a wireless radio, a hand grenade and sheaf of incriminating documents were seized from Manorama at the time of her arrest.

Curfew was imposed in Greater Imphal area and extended to Bishenpur and Thoubal Districts of Manipur, India since 11:00 a.m. on 15 July 2004 in wake of widespread public protests against the torture and extra-judicial execution of Manorama by personnel of the paramilitary force 17 Assam Rifles on 11 July 2004.

However, again large number of people came out on the streets on July 15 defying the curfew that caused street battles between the people and Manipur police, Indian Reserve Battalion (IRB) and Central Reserve Police Force (CRPF) personnel. The eyewitness confirmed that uniformed and armed central security forces personnel were also dispatched in the curfew areas. The people including women continued to go out on the streets and joined the demonstration on 16 July 16-17 and over 100 people were injured in the police firing on July 16, while the police tried to disperse the people at various places including Kongba, Sangakpham, Tera, Uchekon and some on the outskirts of the state capital using tear gas and rubber bullets. The injured were rushed to the Jawaharlal Nehru Hospital and the Regional Institute of Medical Sciences hospital. Both the hospitals were packed with injured people and their relatives and friends. There was complete chaos in the hospitals as so many injured persons were brought in.

In addition, many women's organizations have taken up sit-in public protests all over Greater Imphal and Manipur, defying the indefinite curfew against the killing of Thangjam Manorama by the Assam Rifles and called for the Government to punish the perpetrators under the law and repeal the Armed Forces (Special Powers) Act 1958, which has given extra ordinary power to the army and paramilitary forces.

After facing huge resistance of the people, the Chief Minister of Manipur, Okram Ibobi said on 16 July 2004 that the government would investigate this case and punish the Assam Rifles personnel involved in the killing of Manorama. Accordingly, Lt. Gen. Daljeet Singh, Corp Commander was summoned by the Chief Minister. The commanding officers of the 17 Assam Rifles were also instructed to hand over the three persons who had signed the memo of arrest for interrogation.

The military though did not agree the incident in total, agreed to cooperate with a judicial inquiry. The perpetrators were kept away from duty until the completion of judicial inquiry which started on 12 July 2004. In this context it is also important to note that almost all judicial inquiries ordered in prior cases of arbitrary execution are pending disposal since the army was not cooperating and it is believed that this case also will face the same result. The inquiring body has been asked to submit its report within one month.

As far as the legitimacy of the judicial inquiry is concerned according to the provisions of the Armed Forces (Special Powers) Act, unless there is a sanction from the Central Government, the judicial inquiry would not be of any use. As in this case the Central Government is yet to sanction for the judicial inquiry, in such a case the very purpose of judicial inquiry would be defeated and the chances are the military would not corporate at all with the current inquiry.

The Armed Forces (Special Powers) Act 1958 is being continually extended in the whole State of Manipur since 1980. Under the illegal and unconstitutional provisions of this draconian Act, even the state police are now acting as if they are above the law. In addition to this draconian law, the application of Prevention of Terrorism Act worsen the situation there by giving absolute impunity to the acts of armed forces, para-military and police in the region and in particular the state of Manipur.

The law enforcement agencies in the eastern states in India are enjoying the absolute impunity granted by the above laws since a long time. The brutality and torture of these agencies are continuing unchallenged on the excuse of these draconian laws. Even though there are some provisions incorporated in these laws on the pretext of proper implementation, any one who questions such acts of torture and brutality would be subjected to immediate torture and the perpetrators would escape unquestioned.

This is yet another case reported from India on torture and execution by armed forces. AHRC urges the Indian authorities to take immediate steps to stop this brutality. We urgently call for disciplinary or legal action against the perpetrators. The Indian government must take firm actions to ensure that torture is not committed by any law enforcement agencies for any reasons, and that the officers responsible for such crimes are duly prosecuted and punished. India should take immediate steps to ratify the Convention against Torture and legislate upon it.

SUGGESTED ACTION:
Please send a letter, fax or email to the relevant authorities expressing your concern regarding this matter.

Sample letter:

Dear ___________

Re: INDIA: Torture and murder of a woman by armed forces in India

Name of the victim: Thangjam Manorama alias Henthoi, 32 years old, resides in Bamon Kampu, Imphal East District, Manipur, India
Date of arrest: 11 July 2004
Place of incident: Bamon Kampu, Imphal East District, Manipur, India
Alleged perpetrators:
1) Suresh Kumar (Army no. 173355) Havildar, General Duty of the Assam Rifles
2) T. Lotha (Army no. 173916), Rifleman
3) Ajit Singh (Army no. 173491), Rifleman
4) Other personnel of the paramilitary force 17 Assam Rifles

I am shocked to hear about the murder of Thangjam Manorama alias Henthoi, Bamon Kampu, Imphal East District, Manipur from India. It is yet another glaring example of how draconian legislations and absolute failure of rule of law could create devastating effect upon the people of the country and yet the perpetrators could walk away free with complete impunity.

I learn that Thangjam Manorama was tortured at her house during the early hours of 11 July by the perpetrators named above and later she was taken by them. Her body was later found bullet ridden and mutilated and the army officials now claim that she was shot dead when she tried to escape. The relatives claim that the victim was tortured at her residence, blindfolded and later taken into custody and since she was killed by the authorities they have registered a false case against her.

I also understand that given the existing circumstances there is every likelihood that the perpetrators would escape any punishment for the act they have committed since the current inquiry commission is with very limited mandates which do not even have the approval of the central government. So also the draconian laws like the Armed Forces (Special Powers) Act which is been extended since 1980 and the Prevention of Terrorism Act should be called off immediately from being applied arbitrarily in India.

I urge you to take immediate steps through your office so that the army would extend its complete support to the inquiry which is already in process and that the perpetrators be punished. I also urge you to take immediate steps so that the relatives of the victim is adequately compensated and to make the perpetrators pay the amount of compensation. Simultaneously India should ratify the Convention against Torture and should immediately implement domestic legislation to put an end to the arbitrary execution and torture by the law enforcement in India.

Thanking you

_________________

Send letter to:

1. Shri. A.P.J. Abdul Kalam
President of India
Rashtrapathi Bhavan,
New Delhi -110001
INIDA
Tel: +91 11 23015321
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in

2. Justice A S Anand
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi - 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016
E-mail: chairnhrc@nic.in

3. Shri Okram Ibobi Singh
Chief Minister & Home Minister
Imphal, Manipur
INDIA
Tel: +91 385 2220137
Fax: + 91 385 2221817
E-Mail: cmmani@man.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

5. Ms. Asma Jahangir
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Tel: +92 42 5763 234
Fax: +41 22 917 9006 / +92 42 5763 236
Email: webadmin.hchr@unog.ch or asmalaw@brain.net.pk

6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-96-2004
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.