India : Custodial death in Manipur Dressed up as Suicide

6th March 2014,

ISSUES: Custodial death; Right to Life; Police Torture; Right to Protest; Impunity

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from civil society organizations based in Manipur, India, regarding the custodial death of Mr. Thoudam Digbijoy. Mr. Digbijoy was illegally detained in Wangoi police station, Wangoi Makha Leikai, Imphal West district, Manipur. On 26 February 2014 he was found dead, supposedly by suicide. This stirred outrage in the local community, not convinced by the version of Wangoi police officers. The resultant protests have been met by the Wangoi police with force, and three human rights defenders have been injured.

CASE NARRATIVE:

On 26 February 2014, a man was found dead. He allegedly hung himself while in detention in Wangoi police station, located in Imphal west district, Manipur.

The deceased’s name is Thoudam Digbijoy, aged about 37, son of T Nabakumar. He was previously working with an NGO as an assistant in its natural cure health care section. Married for the past 19 years, Mr. Digbijoy had been living with his wife and three children.

On the 22 February 2014 he eloped with a 22 year old girl, as a result of a relationship outside wedlock. The family of the girl with whom he had the relationship complained to the police, accusing Mr. Digbijoy of kidnapping. As a result, on 23 February 2014 at around 2:30 p.m. Mr. Digbijoy was taken into custody from his residence, situated at Wangoi Makha Leikai, by a team of Wangoi police officers. No arrest memo was issued to Digbijoy's family, which made the detention illegal.

On the 26 February 2014 at around 8 a.m. the police of Wangoi informed the victim’s family that Mr. Digbijoy was found dead in their lock-up as a result of suicide. The family of Mr. Digbijoy and local residents, however, remain unconvinced that Mr. Digbijoy hung himself, using one end of his shirt, to make a noose around his neck.

As a response to the news of the improbable suicide, the family of the victim and locals reacted by protesting against police torture and consequent custodial death. On 26 February itself, the women’s association Meira Paibis, one of the largest grassroots human rights movements in Manipur, as well as local residents, blocked Mayai Lambi road at Wangoi Keithel. In the interim, a group of women gathered in front of the Wangoi police to agitate. The Wangoi police responded with the use of force, firing tear gas shells and mock bombs to control the protestors, resulting in the injury of three women human rights defenders. The injured have been identified as Thoudam Noabi, Thoudam Lebaklei and Thoudam Ambabati – all members of Wangoi Makha Leikai Meira Paibis.

A Joint Action Committee (JAC) has been formed against the custodial death of Thoudam Digbijoy. The JAC is demanding that the government of Manipur conduct timely judicial inquiry, dismiss the involved police personnel, and grant of adequate ex-gratia assistance to Mr. Digbijoy's family.

The postmortem was conducted on 1 March 2014. However, as a starting position the JAC rejected to accept the body unless the demands are fulfilled. On the 4 March 2014 The JAC and Mr. Digbijoy’s family members claimed the body which had been lying at the Regional Institute of Medical Sciences Morgue.

The body of Mr. Digbijoy was accepted as a result of the assurance from the State Home minister to take action against the Officer in Charge of the Wangoi Police Station.

According to the media, Convener of JAC, Mr. Premjit has stated that the Minister has guaranteed suitable action taken up and the transfer of the Officer in Charge of the Wangoi Police Station and to further suspend the personnel whom were on duty the day of the incident.

BACKGROUND INFORMATION:

That the police and armed forces routinely carry out custodial extrajudicial executions in Manipur is well known. In 2012, human rights organizations challenged the custodial killing of 1,528 people in Manipur over two decades and demanded the constitution of a Special Investigation Team (SIT) when appearing before the Supreme Court.

The Commission of Inquiry, instituted by the Supreme Court of India during the hearing of 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)] has filed its report to the Court on 30 March 2012. The investigation by the Commission, chaired by Justice N. Santhosh Hegde (retired Judge to the 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 laid bare the true face of law enforcement in Manipur.

The Commission has 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 findings by the commission, and the history of police action in Manipur, the death of the arrested person in custody casts doubt regarding the role of police officers. The officers in question need to be investigated and, if found guilty, must be prosecuted.

SUGGESTED ACTION:

Kindly write to the authorities listed below, expressing your concern and demanding a thorough investigation in the case. The AHRC will write a separate letter to the UN Special Rapporteur on Extrajudicial, Arbitrary and Summary Execution calling for his intervention into this matter.

To support this appeal, please click here:

Asian Human Rights Commission ([email protected])
Unit 1 & 2, 12/F.,
Hopeful Factory Centre,
10-16 Wo Shing Street Fotan,
New Territories Hongkong S.A.R.
Tel: +(852) 2698-6339 Fax: +(852) 2698-6367
Web: humanrights.asia
twitter/youtube/facebook: humanrightsasia


SAMPLE LETTER:

Dear ………………,

INDIA: Custodial death in Manipur Dressed up as Suicide

Name of victim: Mr. Thoudam Digbijoy (37)

Names of alleged perpetrators: Personnel of Wangoi Police, Manipur

Date of incident: 26 February 2014

Place of incident: Lock-up, Wangoi Makha Leikai, Wangoi Police Station, Imphal West district, Manipur, INDIA

I am writing to voice deep concern regarding the custodial death of Mr. Thoudam Digbijoy, 37, in the Wangoi police station, Imphal West district, Manipur. On the 26 February, 2014, he was found dead, allegedly by hanging himself while in detention in Wangoi police station, Imphal west district, Manipur.

On the 26 February, 2014, a man was found dead. He allegedly hung himself while in detention in Wangoi police station, located in Imphal west district, Manipur.

The deceased’s name is Thoudam Digbijoy, aged about 37, son of T Nabakumar. He was previously working with an NGO as an assistant in its natural cure health care section. Married for the past 19 years, Mr. Digbijoy had been living with his wife and three children.

On the 22 February 2014 he eloped with a 22 year old girl, as a result of a relationship outside wedlock. The family of the girl with whom he had the relationship complained to the police, accusing Mr. Digbijoy of kidnapping. As a result, on 23 February 2014 at around 2:30 p.m. Mr. Digbijoy was taken into custody from his residence, situated at Wangoi Makha Leikai, by a team of Wangoi police officers. No arrest memo was issued to Digbijoy's family, which made the detention illegal.

On the 26 February 2014 at around 8 a.m. the police of Wangoi informed the victim’s family that Mr. Digbijoy was found dead in their lock-up as a result of suicide. The family of Mr. Digbijoy and local residents, however, remain unconvinced that Mr. Digbijoy hung himself, using one end of his shirt, to make a noose around his neck.

As a response to the news of the improbable suicide, the family of the victim and locals reacted by protesting against police torture and consequent custodial death. On 26 February itself, the women’s association Meira Paibis, one of the largest grassroots human rights movements in Manipur, as well as local residents, blocked Mayai Lambi road at Wangoi Keithel. In the interim, a group of women gathered in front of the Wangoi police to agitate. The Wangoi police responded with the use of force, firing tear gas shells and mock bombs to control the protestors, resulting in the injury of three women human rights defenders. The injured have been identified as Thoudam Noabi, Thoudam Lebaklei and Thoudam Ambabati – all members of Wangoi Makha Leikai Meira Paibis.

A Joint Action Committee (JAC) has been formed against the custodial death of Thoudam Digbijoy. The JAC is demanding that the government of Manipur conduct timely judicial inquiry, dismiss the involved police personnel, and grant of adequate ex-gratia assistance to Mr. Digbijoy's family.

The postmortem was on 1 March 2014. However, as a starting position the JAC rejected to accept the body unless the demands are fulfilled. On the 4 March 2014 The JAC and Mr. Digbijoy’s family members claimed the body which had been lying at the Regional Institute of Medical Sciences Morgue.

The body of Mr. Digbijoy was accepted as a result of the assurance from the State Home minister to take action against the Officer in Charge of the Wangoi Police Station.

According to the media, Convener of JAC, Mr. Premjit has stated that the Minister has guaranteed suitable action taken up and the transfer of the Officer in Charge of the Wangoi Police Station and to further suspend the personnel whom were on duty the day of the incident.

I am concerned that the police and armed forces routinely carry out custodial extrajudicial executions in Manipur is well known. In 2012, human rights organizations challenged the custodial killing of 1,528 people in Manipur over two decades and demanded the constitution of a Special Investigation Team (SIT) when appearing before the Supreme Court.

The Commission of Inquiry, instituted by the Supreme Court of India during the hearing of 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)] has filed its report to the Court on 30 March 2012. The investigation by the Commission, chaired by Justice N. Santhosh Hegde (retired Judge to the 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 laid bare the true face of law enforcement in Manipur.

The Commission has 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 findings by the commission, and the history of police action in Manipur, the death of the arrested person in custody casts doubt regarding the role of police officers. The officers in question need to be investigated and, if found guilty, must be prosecuted.

I, thereby, urge the following:

1. Conduct of a timely judicial inquiry

2. The immediate booking of suspected perpetrators and swift trial and punishment for those found guilty.

3. Adequate compensation for the family of the victim

4. Assistance of medical treatment for the injured protesters

5. Implementation of the National Human Rights Commission's guidelines on custodial death. 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
INDIA Fax + 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.