Arbitrary detention and torture of a prominent social worker in Manipur

April 4, 2014

ISSUES: Arbitrary detention; torture; rule of law; police inaction: human rights defender

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Human Rights Alert, a human rights organization based in Manipur regarding the arbitrary detention of Mr. Khumukcham Chingkhei Luwang, a prominent social worker and Vice President of International Peace and Social Advancement, from Imphal West District, Manipur. His whereabouts have been changed since his arrest, but the latest news given by a Meira Paibi states that he was in the custody of army and has been released following negotiations on 3 April, 2014. He was blindfolded and tortured while in the custody and is still highly traumatized. The family is deeply concerned about his health since Mr. Khumukcham is a heart patient and his consumption of regular doses of vital medicine was disrupted. A few weeks back, a prominent journalist was also assaulted by the security forces. The AHRC is concerned about the safety and security of human rights defenders in Manipur.

CASE NARRATIVE:

Mr. Khumukcham Chingkhei Luwang (56) hailing from Imphal West District, Manipur was picked up by a team of unidentified security personnel in the intervening night of 2nd and 3rd April, 2014 at around 12.30 a.m. Mr. Kumukchan is a prominent social worker and Vice President of International Peace and Social Advancement, which is a prominent civil society organization of Manipur in the front line of the human rights struggle in Manipur.

Around midnight there was a sudden knock on Mr. Khumukcham’s front door and a stern voice demanded the door to be opened. When Mr. Khumukcham opened the door, he found a dozen armed police and army personnel standing outside. They asked his name and then demanded that he accompany them in order to identify something. He was then whisked away in a white coloured Bolero vehicle accompanied by another Maruti gypsy vehicle, parked outside his house.

On 3 April, 2014, the family made inquiries at the Lamphel Police Station. The police personnel bluntly denied any knowledge of the detention. Following this the family approached the local Member of the Legislative Assembly (MLA), Ms. A.K. Mirabai, who is also the Minister of Social Welfare, Manipur, to check with the Army authorities. After a few calls she told the family that Mr. Khumukcham was in the custody of the Army and apparently a “Pankaj’s team” arrested him. She failed to reveal any further information about the identity of the Army Unit that had arrested Mr. Khumukcham.

At around 11.00 a.m. a member of Meira Paibi, a women's vigilant group in Manipur, informed Mr. Khumukcham’s daughter that he was being handed over to the Heingang Police Station by the Army. Upon hearing this, the family immediately rushed to the Heingang Police Station, but was unable to meet due to their local MLA requesting them to come Congress Bhavan to discuss some issues.

Mr. Khumukcham is a heart patient and is on vital medication. The family was deeply concerned that he may have been tortured.

In the afternoon of 3 April, 2014, Mr. Khumukcham was released by the Army. He had been blindfolded and tortured by the Army as fearfully predicted. The victim is still traumatized and his left index finger is broken. There are bruise marks on the left side of the body as a result of the torture. Furthermore, the security forces even threatened to push him out from the moving vehicle on gunpoint and to stage a “fake encounter”. He was kept in the camp of 30 Assam Rifles at Chingarel and he suffered in the biting cold whole night. The harassment and ill treatment stopped only when the Minister intervened. He was taken to the Heingang Police Station in the afternoon, where he was released by 30 Assam Rifles, stating that no evidence was found against him.

This situation could escalate into a major political issue as the Parliamentary election is just around the corner in Manipur (7-9 April, 2014).

BACKGROUND INFORMATION:

Abductions by security forces often lead to disappearances and extrajudicial executions in Manipur. This is evident from the recent inquiry report. On 30 March, 2013, the Commission of Inquiry, instituted by the Supreme Court of India during the hearing of a Writ Petition (Criminal) 129 of 2012 [Extra Judicial Execution Victims Families' Association and Another (petitioners) Against Union of India and Others (respondents)] and Writ Petition (Civil) 445 of 2012 [Suresh Singh (petitioner) Against Union of India and Others (respondents)] filed its report to the Court. The investigation by the Commission, chaired by Justice N. Santhosh Hegde (retired Judge to Supreme Court and former Solicitor General of India), having Mr. J. M. Lyngdoh (former Chief Election Commissioner of India) and Dr. Ajai Kumar Singh (former Director General of Police, Karnataka state) as members, has categorically shown the true face of law enforcement in Manipur.

The Commission found:

(1) that in all cases, the security forces have blatantly violated the law and procedure and have engaged in cold-blooded murder;

(2) that the use of disproportionate force against the victims by firing at them repeatedly at close range is standard practice;

(3) the complete negation of all legal procedures even by administrating officers including executive magistrates;

(4) open and uncontrolled possibility for wanton use of authority, including fabrication of or destruction or tampering of the evidence and the crime scene and;

(5) the abysmal failure of the draconian law, the Armed Forces (Special Powers) Act 1958 coupled with the perpetual imposition of emergency under Section 144 of the Criminal Procedure Code, 1973.

Given such situation, it is high time that the Government of Manipur to fully implement the 2011 recommendations of the UN Special Rapporteur on Human Rights Defenders by setting up a policy for the protection of human rights defenders. The Government should abstain and cease from targeting all human rights defenders of Manipur, including Mr. Khumukcham and ensure their rightful protection.

SUGGESTED ACTION:

Please write to the authorities mentioned below demanding an immediate relief and end of harassment of Mr. Khumukcham and other human rights defenders in the state.

The AHRC is writing separately to the UN Special Rapporteur on Human Rights Defenders and UN Special Rapporteur against Torture.

To support this appeal, please click here:


SAMPLE LETTER:

Dear ___________,

INDIA: Arbitrary detention and torture of a prominent social worker in Manipur

Name of victim: Mr. Khumukcham Chingkhei Luwang, 53 years old, son of late Khumukcham Ibobi Meetei

Names of alleged perpetrators: “Pankaj’s team” of Army and police personnel

Date of incident: 2nd and 3rd April, 2014 at around 12.30 a.m.

Place of incident: Mr. Khumukcham’s residence in Khamnam Leikai, Sadokpam Leikai, Imphal West District, Manipur

I am writing to voice my deep concern regarding the arbitrary detention of Mr. Khumukcham Chingkhei Luwang, a social worker from Imphal West District, Manipur, India.

Mr. Khumukcham Chingkhei Luwang (56) hailing from Imphal West District, Manipur was picked up by a team of unidentified security personnel in the intervening night of 2nd and 3rd April, 2014 at around 12.30 a.m. Mr. Kumukchan is a prominent social worker and Vice President of International Peace and Social Advancement, which is a prominent civil society organization of Manipur in the front line of the human rights struggle in Manipur.

Around midnight there was a sudden knock on Mr. Khumukcham’s front door and a stern voice demanded the door to be opened. When Mr. Khumukcham opened the door, he found a dozen armed police and army personnel standing outside. They asked his name and then demanded that he accompany them in order to identify something. He was then whisked away in a white coloured Bolero vehicle accompanied by another Maruti gypsy vehicle, parked outside his house.

On 3 April, 2014, the family made inquiries at the Lamphel Police Station. The police personnel bluntly denied any knowledge of the detention. Following this the family approached the local Member of the Legislative Assembly (MLA), Ms. A.K. Mirabai, who is also the Minister of Social Welfare, Manipur, to check with the Army authorities. After a few calls she told the family that Mr. Khumukcham was in the custody of the Army and apparently a “Pankaj’s team” arrested him. She failed to reveal any further information about the identity of the Army Unit that had arrested Mr. Khumukcham.

At around 11.00 a.m. a member of Meira Paibi, a women's vigilant group in Manipur, informed Mr. Khumukcham’s daughter that he was being handed over to the Heingang Police Station by the Army. Upon hearing this, the family immediately rushed to the Heingang Police Station, but was unable to meet due to their local MLA requesting them to come Congress Bhavan to discuss some issues.

Mr. Khumukcham is a heart patient and is on vital medication. The family was deeply concerned that he may have been tortured.

In the afternoon of 3 April, 2014, Mr. Khumukcham was released by the Army. He had been blindfolded and tortured by the Army as fearfully predicted. The victim is still traumatized and his left index finger is broken. There are bruise marks on the left side of the body as a result of the torture. Furthermore, the security forces even threatened to push him out from the moving vehicle on gunpoint and to stage a “fake encounter”. He was kept in the camp of 30 Assam Rifles at Chingarel and he suffered in the biting cold whole night. The harassment and ill treatment stopped only when the Minister intervened. He was taken to the Heingang Police Station in the afternoon, where he was released by 30 Assam Rifles, stating that no evidence was found against him.

This situation could escalate into a major political issue as the Parliamentary election is just around the corner in Manipur (7-9 April, 2014).

Abductions by security forces often lead to disappearances and extrajudicial executions in Manipur. This is evident from the recent inquiry report. On 30 March, 2013, the Commission of Inquiry, instituted by the Supreme Court of India during the hearing of a Writ Petition (Criminal) 129 of 2012 [Extra Judicial Execution Victims Families' Association and Another (petitioners) Against Union of India and Others (respondents)] and Writ Petition (Civil) 445 of 2012 [Suresh Singh (petitioner) Against Union of India and Others (respondents)] filed its report to the Court. The investigation by the Commission, chaired by Justice N. Santhosh Hegde (retired Judge to Supreme Court and former Solicitor General of India), having Mr. J. M. Lyngdoh (former Chief Election Commissioner of India) and Dr. Ajai Kumar Singh (former Director General of Police, Karnataka state) as members, has categorically shown the true face of law enforcement in Manipur.

The Commission found:

(1) that in all cases, the security forces have blatantly violated the law and procedure and have engaged in cold-blooded murder;

(2) that the use of disproportionate force against the victims by firing at them repeatedly at close range is standard practice;

(3) the complete negation of all legal procedures even by administrating officers including executive magistrates;

(4) open and uncontrolled possibility for wanton use of authority, including fabrication of or destruction or tampering of the evidence and the crime scene and;

(5) the abysmal failure of the draconian law, the Armed Forces (Special Powers) Act 1958 coupled with the perpetual imposition of emergency under Section 144 of the Criminal Procedure Code, 1973.

Given such situation, it is high time that the Government of Manipur to fully implement the 2011 recommendations of the UN Special Rapporteur on Human Rights Defenders by setting up a policy for the protection of human rights defenders. The Government should abstain and cease from targeting all human rights defenders of Manipur, including Mr. Khumukcham and ensure their rightful protection.

I, thereby, urge the following:

1. Ensure the safety of life and person of Mr. Khumukcham

2. Ensure that Mr. Khumukcham is provided with the required medical attention and health check up.

3. Ensure that the role of the officials are investigated and official responsible for arbitrarily arrest and torture of Mr. Khumukcham without a summon are prosecuted and punished if found guilty.

4. Ensure that the human rights defenders are not falsely implicated into criminal cases or tortured in custody.

Yours Sincerely,


PLEASE SEND YOUR LETTERS TO:

1. Dr. Manmohan Singh
Prime Minster, Government of India
Room No. 148 B, South block, New Delhi, India
Fax: + 91 11 230116857; 23015603
Email: [email protected]

2. Chairperson,
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001, India
Fax: + 91 11 2338 4863
Email: [email protected]

3. Mr. Okram Ibobi Singh
Chief Minister of Manipur
New Secretariat Building
Bapupara, Imphal 795001, Manipur, India
INDIAFax + 91 385 2451398
Email: [email protected]

4. Mr. Vinod Kumar Duggal
Governor of Manipur
Raj Bhawan, Imphal 795001, India
Fax: +913852441812
Email: [email protected]

5. Mr. Shahid Ahmad
DGP Manipur
Babupara, Imphal 795001, India
Fax : +91 385 2451 100
Email: [email protected]

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission
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