CORE Urgent Appeal To The Government Of India

5 September 2014

URGENT APPEAL TO THE :-

Mr. Narendra Modi
Prime Minister of India
Prime Minister Office
Room No. 152, South Block
New Delhi - 110001, INDIA
Fax: +91 11 23019545
E-Mail: [email protected]

Mr. Vinod Kumar Duggal
Governor of Manipur
Raj Bhavan, Imphal - 795001, Manipur, INDIA
Fax: + 91 385 222 0278
Phone: + 91 385 222 0009

Mr. Okram Ibobi Singh
Chief Minister of Manipur
Chief Minister's Secretariat
Babupara, Imphal - 795001, Manipur, INDIA
Fax: +91 385 2221817
E-mail: [email protected]

Justice (Retd.) Shri K. G. Balakhrishnan
Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block C, GPO Complex, INA
New Delhi – 110023, INDIA
Tel. +91 11 24651330
Fax; +91 11 24651329
Email: [email protected]

Mr. P C Lawmkunga
Chief Secretary
Government of Manipur
Old Secretariat Building
Bapupara, Imphal – 795001, Manipur, INDIA
Fax + 91 385 2222629
E-mail: [email protected], [email protected]

Subject: Escalating Militarisation and Imposition of Section 144 of the Criminal Procedure Code and Heavy Deployment of Armed Law Enforcement Forces in Ukhrul District Headquarters, Manipur, India and other Districts of Manipur is a serious Human Rights Violation and Abject Surrender of the State to the Challenge of Democratic and Humane Governance

Sir

The Centre for Organisation Research & Education is extremely concerned with the recent turn of events in Ukhrul District Headquarters, Manipur and the continued unchecked increasing militarisation and martial governance approach in Manipur for many years. Based on reliable news reports and sources, we have learnt that two people died and at least 35 others were injured on 30 August 2014, when law enforcement officers of the Manipur Police Commando (CDO) and Indian Reserve Battalion opened fire at a mass peace rally against militarisation and continued imposition of prohibitory orders under Section 144 of the Criminal Procedure Code since 13 July 2014 along with the heavy deployment of armed state law enforcement forces in Ukhrul District, Manipur, India. Furthermore, and in a most grave matter of injudicious governance and the unconstitutional derogation of the fundamental freedoms and rights of the citizens of Manipur, the State has witnessed frequently repeated imposition of prohibitory orders under Section 144 of the Criminal Procedure Code in Imphal West, Imphal East and Thoubal Districts for the past about 14 years.

According to reliable reports, Mr. Ramkashing Vashi and Mr. Mayopam Ramror died from gunshot wounds as evidenced by a preliminary post mortem report of forensic specialists and doctors from the Ukhrul District Hospital. The bullets used are reported to be high caliber rounds. Both these men left behind families including spouses who are expecting a child.

This recent incident is just the latest in a series of unacceptable abuse of disproportionate power by the government of Manipur linked to the assassination of Mr. Ngalangzar Malue, a member of the Autonomous District Council, last July 12, 2014 by unidentified persons in an ambush about 20 KM from Ukhrul District Headquarters at Finch Corner on the Imphal to Ukhrul highway while he was travelling to his home to visit his ailing mother. His nephew Mr. Ratanmi Malue (25 years) and his driver also sustained bullet injuries. No one has come forward to claim responsibilities for the unfortunate killing of Mr. Ngalangzar Malue, and police investigations may be seen as unsuccessful so far as there have been no further reports after eight persons stated by the Manipur Police as cadres of an armed non-state organisation were arrested from Ukhrul the day after the assassination. The arrested persons languish in judicial custody without any further due process of law.

As a result of this mentioned contemptible incident in Ukhrul District Headquarters, the State of Manipur has been drawn yet again into a prolonged cycle of acrimonious confrontation between the government and the victimized citizenry. All the citizens of Manipur are become the unwilling victims of a state of anxiety, misery, scarcity and despair due to an economic blockade, stoppage of national projects and severe limitations of the freedom of movement imposed by civil society organisations campaigning for the restoration of fundamental rights and freedoms, normalcy, peace and decency in public life. The precious public resources and finances are being thrown into squander and misuse, and the government is drowning in ‘damage control’ activities that are draining the depleted exchequer.

GOVERNMENT’S FAILURE TO PROTECT FUNDAMENTAL FREEDOMS AND CIVIL LIBERTIES

The Government of Manipur, as a matter of unstated policy for many years, resorts to violent repressive measures, including prolonged invocation of Section 144 prohibiting conglomeration of 5 or more people under the Code of Criminal Procedure, arbitrary detention and torture of human rights defenders throughout the State of Manipur, and in particular within the Valley districts. In its now established zeal to repress all democratic fundamental freedom of expression and association, the government of Manipur has now resorted to repeatedly torturing, inhumanly ill-treating and abusing women and students undertaking democratic forms of protest for their rights by the use of teargas and other injurious weapons including fire-arms on the pretext of the prohibitory orders under the Code of Criminal Procedure. This amounts to criminalizing all forms of citizens’ free expression of the fundamental rights, freedoms and liberties enshrined in international human rights law and protected by the Indian Constitution.

We are extremely concerned that the increasing tension in Ukhrul and other Districts of Manipur. This concern is further exacerbated by the seeming lack of appropriate responses especially to the recommendations put forward by a swathe of civil society organisations, academicians, senior citizens, faith-based organisations and high-powered commissions appointed by the government and the apex Court of India. Such lack of appropriate responses will certainly add to the already serious human rights violations and terrible injuries that the people of the State of Manipur have been suffering for decades.

Manipur is in an undesirable established state of Martial Law Governance, exhibiting all three of its stages where the government gradually rolls out controls over citizen liberties. Travel is restricted through inland border and road checkpoints and travel restrictions carry over into Stage two. The long imposition of the Armed Forces (Special Powers) Act of 1958 and other laws such as the National Security Act, 1980, Unlawful Activities (Prevention) Act, 1967 and its subsequent amendments pave the way by placing certain legal mechanisms for the orderly transition into full martial law. Internal intelligence gathering programs that randomly search citizens at public events and on the highways are now in place. Citizens are conditioned in this Stage One of Martial Law Governance by the AFSPA that they do not control or own their bodies as the public is molested by the Act publicly and privately every day. Manipur’s law enforcement organs create an enemies’ list in which persons suspected to be supporters of civil liberties, political dissent, etc., are maintained and branded as domestic terrorists. The government has clearly elevated itself above any pretence of constitutional liberties.

Manipur also witnesses features of Stage Two of Martial Law Governance characterised by martial law implementation becoming obvious to all citizens except for the ones who invoke cognitive dissonance as a psychological coping mechanism. Stage two is marked by increasing restrictions on travel, the loss of freedom of speech and expression, the right to peaceful assembly to air grievances against the government. Stage two also witnesses some level of pushback by the citizens through various forms of civil disobedience, as we have in Manipur. Stage two is also characterized by the loss of due process of law with regard to arbitrary detainment, imprisonment or worse. This stage is also marked by limiting participation of members of the society who have been previously identified as enemies of the state, those listed as domestic terrorists. Stage two is characterized by creating a political caste system in which the legal rights of certain groups are set in place.

Stage Three of Martial Law Governance has given history, and Manipur, some of its darkest days. Warrant-less detentions become common place in which suspected political dissidents are removed from society, usually in the middle of the night. Extrajudicial, summary or arbitrary executions became routine, as we witnessed in Manipur.

There is a total disconnect between the government and the citizens of the State of Manipur. The State is now a hollow shadow bereft of its legitimacy, aspirational values, morals and principles.

RECOMMENDATIONS

1. We urge the highest levels of Government in India and Manipur to give immediate utmost attention to this issue to put an end to the violence, trauma and suffering endured by the people of Manipur for many decades, and bring back normalcy to the lives of the people in Ukhrul and every District of Manipur, India.

2. We strongly reiterate our unequivocal recommendation for the revocation of Section 144 CrPC from Ukhrul District Headquarters and other Districts of Manipur, where such prohibitory orders are enforced for prolonged and/or repeated periods without proper justification. The government of Manipur must immediately withdraw its excessive law enforcement forces from Ukhrul District.

3. We call for the government of Manipur to issue a white paper on the full status of police investigations and related actions including detentions and/or arrests, and criminal court procedures begun, relating to the brutal assassination of Mr. Ngalangzar Malue, a member of the Autonomous District Council, last July 12, 2014 by unidentified persons in an ambush about 20 KM from Ukhrul District Headquarters at Finch Corner on the Imphal to Ukhrul highway, in which two other persons also sustained injuries.

4. We also urge the government of Manipur to institute a Judicial Inquiry to be conducted by a retired Justice of the Supreme Court of India in order to:
a. Investigate the causes and consequences of the violent incident of 30 August 2014 in Ukhrul and the related events, and fix responsibility;
b. Review of the long term and repeated imposition of prohibitory orders under Section 144 and related provisions of the Criminal Procedure Code in the Districts of Manipur;
c. Recommend remedial measures to be adopted to end the repeated cycle of prohibitory orders by the civil administration that surpasses its powers and denigrates the role of state law enforcement agencies in Manipur;
and
d. Recommend appropriate redress to afford justice to the victims and their families.

5. The Government of Manipur is to extend an unconditional apology to the citizens of Ukhrul District, and other Districts, in the State of Manipur for its arbitrary actions causing deaths, injuries, displacement, restrictions of fundamental freedoms and civil liberties and psychosocial trauma.

Thank you for your attention and we look forward to your earliest positive response to our recommendations.

Sincerely,

(Dr. Laifungbam Debabrata Roy)
President, Elders’ Council
(Dr. Immanuel Zarzosang Varte)
Executive Director

CORE
Loisanglen:
1st Floor, Ibotombi Building,
Babupara
Asian Highway No. 1
Imphal 795001, MANIPUR
Tel/Fax: +91 385 244 13 19
Website: www.coremanipur.org