TODAY -

Supreme Court Case on Extrajudicial Killings in Manipur Must be Complied : OMCT

Geneva, 26 September 2018



India: Historic Supreme Court Case on Extrajudicial Killings in Manipur Must be Complied with and Implemented

The World Organization Against Torture (OMCT), the principal global coalition against torture, is deeply concerned about attempts to delay, frustrate and dilute one of the most significant rule of law judgements rendered in Asia over the past years. The decision must be implemented, victims, witnesses and human rights defenders protected, and attempts for a de facto class impunity for law enforcement and the army firmly rejected.

The Supreme Court of India examined the case of 1,528 alleged extrajudicial killings carried out by the police and security forces in Manipur in two landmark judgements in 2016 and 2017. It was a historic step towards addressing grave human rights violations and a key turning point to come to terms with past impunity. The cases were brought to the Supreme Court in 2012 by victims, their families and nongovernmental groups in Manipur. Some of the cases date back to 1979 and the most recent ones are from 2012. The victims’ families and human rights organizations around the world have applauded the historic judgments, some of which have been waiting for their right to truth, justice and redress for almost 40 years.

The long-awaited Supreme Court judgement of 2016 established that any allegations on the use of excessive or retaliatory force by uniformed personnel resulting in death required a thorough inquiry into the incident and that use of such force was never permissible, including in operations led against suspected insurgents and terrorists. Further, the Court stressed the importance of investigations and that legal judgements for a much broader truth-seeking approach is required, taking into account the magnitude of the extrajudicial executions. Following this worldwide acclaimed judgement, in July 2017 the Supreme Court directed the Central Bureau of Investigation (CBI) to examine 98 killings by police, army, and paramilitary forces in Manipur. Despite some initial delays, the CBI investigation has moved forward, raising the hopes of the victims’ families to at last obtain justice and redress.

Yet more than a year after the 2017 judgement, there are serious concerns about attempts to defeat the very meaning of the landmark ruling.

The CBI investigation that has been slow and burdensome has yet again been delayed by a petition presented by the Army challenging the investigations into the Manipur cases

The petition was filed by 356 soldiers and officers of the Indian Army in August 2018 and it would, if entertained by the court, in fact result in a class impunity action for military personnel implicated in crimes under international law. It is particularly frightening to read the reasoning behind the Army’s petition that investigations and responsibility for crimes under Indian and international law should disturb the moral of the troops. The OMCT firmly believes that abiding by the law, acting in a disciplined fashion, and serving the country and its people is what should fuel the morale of the troops, not the blanket immunity from prosecution to those who breach the law.

International law leaves no space for such an exclusion of law enforcement and the Army and its reasoning is deeply flawed and incompatible with the core notion of the rule of law.

The OMCT also recalls that such an interpretation would be in clear violation of basic principles of the rule of law in a democratic society, and contrary to international legal obligations binding on India. International treaty law, such as the International Covenant on Civil and Political Rights (ICCPR) ratified by India in 1979, provide an unequivocal obligation to bring those responsible to justice, along the chain of command, and to provide reparation to the victims and their families. The protection of the rights to remedy and reparation has been further elaborated in consistent universal jurisprudence. What is more, there is not only an obligation to investigate when presented with allegations of extrajudicial killings, the state has a positive obligation to investigate grave human rights violations irrespective of whether or not a formal complaint has been lodged. Lastly, as repeatedly pointed out by the Indian Supreme Court, the victims right to know the truth has gained increasing protection in international law as captured in the UN High Commissioner on Human Rights Study on the right to the truth.[1]

No justice obtained without the protection of victims, their families, witnesses, human rights defenders and lawyers working on the case

Further, OMCT is recalling the importance to ensure that victims and their families, activists, lawyers and human rights defenders working on this case are protected from any reprisals and is seriously concerned about reports it has received about threats and harassments.

It recalls the obligation not only to refrain from such acts but the positive obligation of the state to protect victims, witnesses and human rights defenders, especially pertinent in sensitive cases such as this one.

Need to review the role of the Armed Forces Special Powers Act and to overcome de facto immunity and impunity regimes

The OMCT recognizes the specific context of Manipur, with the presence of armed groups with claims to the right for self-determination. The Armed Forces Special Powers Act (AFSPA) in force in Manipur and Jammu/Kashmir, is regulating the use of force by the armed forces in these so-called “disturbed areas”. AFSPA was adopted in 1958 and has long been an anomaly in the Indian legislation. The Act and its application have long been a major impediment to human rights compliance and carries a legacy of impunity contrary to international human rights and humanitarian law standards. Members of the armed forces are also protected from prosecution under the AFSPA. The Act has for decades created a legislative loophole for impunity for the law enforcement, creating confusion and discrepancies on the rule of law in India. The AFSPA has also consequently been criticized by the UN Special Rapporteur on extra judiciary, summary and arbitrary executions following the mandate holder’s visit to India in 2012.[2]

The OMCT recognizes that the government of India recently announced its intention to amend the AFSPA, removing references to the use of lethal force to maintain public order. This advancement would be a welcomed first step to reduce some of the shortfalls and discrepancies contrary to international human rights and humanitarian law standards.

Finally, the Supreme Court rulings from 2016 and 2017 were steadfast in their human rights’ compliant interpretations and findings. They have been acclaimed across the region and have given hope to victims and new faith in the fundamentals of the rule of law as a rule of rights.

The two landmark judgements should not be questioned. Instead they should be implemented, upheld and treasured as one of the biggest legal milestones of India and beyond.

[1] Promotion and Protection of Human Rights: Study on the right to the truth. Report of the Office of the United Nations High Commissioner for Human Rights; 8th February, 2006. Commission on Human Rights, Sixty-second session, Item 17 of the provisional agenda.

[2] UN Special Rapporteur on extra judiciary, summary and arbitrary executions, Mission to India Report, 26 April 2016, A/HRC/23/47/Add.1, and Follow-up to country recommendations: India, 6 May 2015, A/HRC/29/37/Add.3.


* This Press Release was sent to e-pao.net by Babloo Loitongbam (HRA) who can be contacted at bloitongbam(AT)gmail(DOT)com
This Press Release was posted on September 27 2018

* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Dzukou Valley, Senapati : Gallery
  • Chiraikangja, Apaibi :: eMing
  • Demand for ILP :: Articles/Photos...
  • Rules of the Road at Silicon Valley
  • What is a school meant for ?
  • Why meiteis should not be ST #3
  • Release Thokchom Veewom - II
  • Release Thokchom Veewom - I
  • Face scrubs to avoid dirt & dullness
  • SM4E Awards 2019 : Nomination open
  • After effect of CAB collapse
  • Need to look beyond CAB
  • Panel seeks support to save NH
  • Amuktang-Ga Haikho #2 : eRang
  • Exam Centre allocation for HSLC 2019
  • 3rd World Bamboo Workshop #2 : Gallery
  • Cry of a Dying River - 65 :: Poem
  • DIPR facts on Census confuse Pangals
  • Manipur Tourism: Global Mice Congress
  • Coping up with examination stresses
  • On Govt inability to present CAB
  • Breather for the North East
  • Henjunaha #2 :: Funga Wari
  • Sangai Chef: Season 1 : Gallery
  • CAB: Imphal I/W [12 Feb] #2: Gallery
  • Lui-Ngai-Ni -Naga Seed Sowing Fest
  • Inner Line Permit (ILP) Demand :: Timeline
  • Different opinions on CAB 2016
  • Change of B Voc Examination Schedule
  • Nagaland MP will vote against CAB
  • Overshadowing issues by CAB
  • RS adjourned till February 13
  • CAB: Imphal I/W [12 Feb] #1: Gallery
  • CAB: Blockade [7 Feb] #2: Gallery
  • Keisham Priyokumar's short stories? #1
  • Just a beautiful lie :: Poem
  • World Wetlands Day 2019
  • Protests against Union HRD Ministry
  • 'PDA trying to confuse Naga people'
  • The 'ban' of Internet
  • Setting date with February 12, 2019
  • NSCN (I-M) elects new leaders
  • Scientific Knowledge in Manuscript
  • Poppy destruction @CCpur : Gallery
  • Kishorechand Wangkhem's case
  • 70th Indian Republic Day #3 : Gallery
  • Hinduism and Indianess
  • CAB: Maharaj & Xenophobia :: WJ
  • Deciphering a laboratory test report
  • Stop discrimination against women
  • The falls of protracted leader
  • More than hinting CAB will be tabled
  • CAB: Khwairamband [10 Feb] #1: Gallery
  • Gaan-Ngai @Majorkhul #2 : Gallery
  • Human trafficking at Moreh
  • Why meiteis should not be ST #2
  • The Dark Light :: Poem
  • Exclusion of Pvt Teachers from HSLC
  • Pan Meetei met Ex Dy CM
  • NSS special camp 2019 concluded
  • NE to Bangkok flight from March
  • CAB: Khwairamband [9 Feb] : Gallery
  • Thamoise Foidattuna :: e-pao Radio
  • CAB Meira Rally #4 [30 Jan] : Gallery
  • Prof T Kameshwar: Reminiscence
  • Bamboo Cooking Competition: Final Day
  • Tips for healthier skin this winter
  • Sincerity matters
  • Awaiting final pact with NSCN (IM)
  • CAB: Blockade [7 Feb] #1: Gallery
  • 3rd World Bamboo Workshop #1 : Gallery
  • The panic radiated at War-Torn PAD
  • NE- Socio-Economic Development: Book
  • CAB- Consequences in Manipur
  • [ST] Demand for Constitutional Safeguard
  • 'ArP to observe Black Day during PM visit'
  • CAB date with RS on Feb 12 ?
  • Check Post (ICP) @ Moreh : Gallery
  • Tribes India [Exhibition] #2 : Gallery
  • Citizenship Bill, 2016: What to do now #4
  • It's a privilege to be a Rongmei
  • A Saviour Of My Own :: Poem
  • North East Startup Summit 2019
  • Budget : Full, half or quarter ?
  • BJP shows no concern for NE states
  • Mission schools under threat again
  • CAB : Blockade @Tiddim [6 Feb] : Gallery
  • Dolaithabi Barrage: Concealing Facts
  • 70th Indian Republic Day #2 : Gallery
  • Marketing Associates @ PiCiDi Systems
  • CAB, Political Parties and Manipur
  • The Novels Of BM Maisnamba #2
  • Employment in non-Govt sectors in Manipur
  • The board exam festival
  • Naga Peace Process :: News Timeline
  • NE voice on CAB: no worry for the BJP
  • Alienating natives & embracing foreigners
  • Henjunaha #1 :: Funga Wari
  • CAB Gen Strike #2 [31 Jan] : Gallery
  • Movement against Citizenship Bill in NE
  • Bamboo Cooking Competition: Day 1 Report
  • A girl with a Bicycle :: Poem
  • Mithun (Sandang) Mela at Machi
  • Disrespect to mother earth
  • Significance of MANPAC
  • Konthoujam Maikel (Painter) :: Profile
  • CAB Meira Rally #3 [30 Jan] : Gallery
  • Business as usual will fail on cancer control
  • Citizenship Bill: Thinking with ethics
  • STDCM reasserts Demand for ST
  • NE Pol parties met Union Home Minister
  • Free Heart Screening at Jiribam & Silchar
  • The ultimate showdown
  • Nepal to SE Asia: Trafficking via Moreh
  • Symbolism in the Tribal Art #2
  • Aribam Syam return Padmashree to Govt
  • Literature review
  • CAB : An Adhesive for Integrity of Manipur
  • Cry of a Dying River - 64 :: Poem
  • Impact of AI and Robotics on Society
  • New MSAD Executive term 2019
  • Rejoinder from Shurhozelie Liezietsu -Feb 3
  • Festival to promote NE trade, tourism
  • Onetwo Okram : Singer- Profile :: eRang
  • CAB : Film Forum Protest : Gallery
  • Cultural: Republic Day #1: Gallery
  • Why Manipuri people oppose CAB? #2
  • Antibiotic Consumption by farm animals
  • The Beauty of the Sunset :: Poem
  • Coordinator of Social Media for Congress
  • Rejoinder to NDPP [Feb 2]
  • Non presentation of CAB at RS is an insult
  • Noting anti-CAB stand of NPP, NPF
  • CAB Gen Strike #1 [31 Jan] : Gallery
  • Match: 4th Women's Polo #3: Gallery
  • Citizenship Bill, 2016: What to do now #3
  • Truth of Manipur is inherent in nature
  • Chola Pass & Chola Range in Sikkim
  • JRF required at IBSD, Imphal
  • NPF disclosure on Citizenship Bill
  • Viral audio which confuse people
  • CAB indication from President
  • Imoinu Erat Thouni #3 : Gallery
  • February Calendar for Year 2019 :: Tools
  • CAB Meira Rally #2 [30 Jan] : Gallery
  • The Novels Of BM Maisnamba #1
  • Screen time, effect on speech & language
  • Trainees Certificate of Lunglei, Mizoram
  • ST: Unfounded fear psychosis being spread
  • Join the people, brother/sisters of state BJP
  • CAB : The rallying point for NE
  • CAB Meira Rally #1 [30 Jan] : Gallery
  • CAB Protest #1 [29 Jan] : Gallery
  • NE Railway's Work & fate of Villages
  • Fellowship Meet of Maring Naga
  • Legal Awareness for Women leaders
  • Flowers for beauty
  • Opposing ST demand of STDCM
  • Gaan-Ngai @Namthanlong : Gallery
  • Why Manipuri people oppose CAB? #1
  • Citizenship Bill, 2016: What to do now #2
  • Oinam Shilla : Society Development Award
  • Let this year be your year
  • Release Journalist Keshore Wangkhem
  • Bill haunt NE today, may haunt BJP tomm
  • Staying away from all parties meet
  • Taking the Street Vendor seriously #2
  • CAB Protest #2 [21 Jan] : Gallery
  • I'm sorry :: Poem
  • Self-development
  • Time to Reshape Reservation Policy
  • Sikandra, where Akbar the Great rests
  • Wise rulers listens kingmakers
  • Understanding National Voters' Day
  • 70th Indian Republic Day #1 : Gallery
  • Agri Fair @ CAU #1 : Gallery
  • MIK (Manipuri in Kolkata) : Gallery
  • Of Manipuri marriages & Swasti Pujas
  • 2nd AMAND Blood Donation Camp at Pune
  • NSUD : on call centre scam at Noida
  • The Banyan :: EI
  • Match: 4th Women's Polo #2: Gallery
  • Why shouldn't Meitei be included in ST
  • Some lessons from Ramayan
  • Republic Day celebrated across North East
  • Mizo Gov addresses RDay in empty ground
  • On the arrest of Gen Sec of RSF
  • International exposure via business
  • Kitchen Ingredients- can be used on skin
  • Republic Day at Loktak Power Station
  • 'A slap in the face for PDA government'
  • No final solution yet in sight !!
  • Combing Operation @Hatta : Gallery
  • Laishram Bombayla : Padma Shri Award
  • Female sex tourism: Sociological study
  • Imphal Declaration: Pan Meetei Convention
  • RPL trainees of Damparengui, Mizoram
  • Is the country listening ?
  • Yet another boycott call of R-Day
  • Maisnam Renuka (Painter) : Profile
  • Thank You Note: Khumukcham Sanjita
  • Gaan-Ngai - festival of Kabui #2
  • Imoinu Erat Thouni #2 : Gallery
  • Rongmei and Kabui are one
  • Rani Khidir : Kalaritu (Laiyekpa) : Profile
  • 11 in line for Congress ticket
  • Gaan-Ngai @Majorkhul #1 : Gallery
  • Eyek Tamba :: Learn Manipuri script
  • Match: 4th Women's Polo #1: Gallery
  • CAB Protest [17 Jan] : Gallery
  • Ranjit Ningthouja : Profile of a playwright
  • Imoinu Erat Thouni #1 : Gallery
  • Dr Thokchom Asha: Teacher Award
  • Purnima Ngangom (Printmaker) :: Profile
  • The Killing Fields 2013-18 : News Timeline
  • New Year picnic at Sekmai #2: Gallery
  • WWII museums in Japan: Gallery
  • Manipuri Calendar for 2019 : Download
  • Featured Front Page Photo 2018 #6: Gallery
  • Irengbam Bedamani - Actress :: eRang
  • List of Restricted Holidays for 2019
  • List of Public Holidays for 2019
  • List of General Holidays for 2019
  • Fabrics of Bangladeshi Manipuri: Download
  • Old Manipuri Movie #1 :: eRang Classic
  • SPONSORED ADS