AHRC :: A shopkeeper is illegally arrested and executed by Manipur security forces

Hongkong, 30 April 2010

PR by AHRC (Asian Human Rights Commission)

Dear friends,

Please find below the urgent appeal issued by Asian Human Rights Commission again for another innocent person abducted and murdered by Manipur security forces.

In solidarity,
~Jyotilal Longjam

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INDIA: A shopkeeper is illegally arrested and executed by Manipur security forces
ISSUES: Extra-judicial execution; arbitrary arrest; murder; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about another 'encounter' killing by Manipur security personnel that bears all the signs of being an extrajudicial execution. The man was abducted, unarmed, in front of his family, his house was searched and his were valuables stolen, although the incident report claimed that a gun battle took place involving him. Rather than open an investigation the Chief Minister of Manipur offered the family money and a job. The body, when delivered to the family, had fifteen bullet holes. It was dressed in an combat without holes.

CASE DETAILS:

Mr. Fazeruddin owned a shop selling second hand clothes in Chekon, Imphal and was married with four children. On 21 January 2010 at around 8pm he and his wife Memcha were at home when they heard knocks at the front door. Before they could open it armed security personnel wearing camouflage uniforms broke down the door. They blew out the candle and blindfolded the couple, gagging Memcha's mouth with piece of cloth to stop her from shouting.

The soldiers searched the house and broke a cupboard, taking Rs.25000, a pair of gold earrings worth Rs. 40,000 and a mobile handset. The officers then dragged Fazeruddin out of the house and drove away.

At around 11pm the same security personnel returned to the house and started to dismantle a wall. Memcha and her children ran to a neighbouring house, which she says was then locked from the outside by the security personnel. She heard gunshots, and the men left.

The next morning Memcha reports finding dried blood in her courtyard near the gate. She and her sister Nure visited the Assam Rifles (AR) camp at Kwakta to ask for her husband's release. The officers denied any report of his arrest, but they took away her mobile phone and began to make calls to any recent incoming numbers. The two women took back the phone and left.

Memcha asked for the help of local village head Ms. Pishak. After some time the leader received a call from Moirang Police Station telling her that Fazeruddin had been killed. Police claimed that he had been shot in an encounter with troops from the 33 Assam Rifles in Kwakta Khuman (under Moirang jurisdiction), and that they had found arms and ammunition on his body.

In a meeting set up by community members the Chief Minister assured Memcha that as a favour he would give her family Rs.1,00,000 and find a suitable job for one of Fazeruddin's relatives. He did not offer to ensure that the matter was investigated.

When the family members received Fazeruddin's body they found it riddled with 15 bullet wounds. It was dressed in combat dress that was completely free of bullet holes, indicating that evidence had been tampered with.

BACKGROUND INFORMATION:

The AHRC has documented various cases from the Indian State of Manipur in which security personnel have illegally arrested and executed civilians and then claimed they had been killed in armed 'encounter' and killed in self defence. The trend remains unaddressed by the authorities in the promise. Please see recent cases, among them UAC-063-2009: Two persons killed by the Assam Rifles in Manipur and UAC-041-2010: An 18-year-old boy is abducted and murdered in Manipur

Among such cases evidence has been commonly and obviously tampered with and threats against witnesses allowed to go unpunished, while those suspected of perpetrating the crimes have rarely been subject to a credible investigation according to criminal procedure. Instead victims' families are dissuaded and warned not to take their case further. Please see Witness to murder by the Assam Rifles under threat in Manipur for a clear illustration of the issue, and the impunity that allows it to continue unchecked.

SUGGESTED ACTION:

Please write to the authorities named below expressing your concern in this case.

The AHRC is also sending a letter to the Special Rapporteur on extrajudicial, summary or arbitrary executions calling for an intervention in this case.

To support this appeal please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Illegal arrest and murder of a shopkeeper by the security forces must be punished

Name of victim: Mr. Fazeruddin, 45.
Name of alleged perpetrators: Troops belonging to the 33 Assam Rifles (AR)
Date of incident: 21 January 2010
Place of incident: Kwakta Khuman under Moirang Police Station

I am writing to voice my deep concern regarding the killing of a 45-year-old shopkeeper in Manipur. According to the information I have received, Mr. Fazeruddin was illegally arrested from his house and later found murdered by the troops of 33 Assam Rifles at Kwakta Khuman, under the jurisdiction of Moirang Police Station.

On 21 January 2010 at around 8pm, he and his wife Ms. Memcha were at home when security personnel in camouflage uniforms stormed their house, breaking down the door. They blew out the candle and blindfolded the couple, gagging Ms. Memcha's mouth with piece of cloth to stop her from shouting. The soldiers searched the house and broke a cupboard. I am told that they took Rs.25000, a pair of gold earrings worth Rs.40,000 and a mobile handset. The officers then pulled Mr. Fazeruddin out of the house and drove away.

At around 11pm the same security personnel returned to the house and started to dismantle a wall. Ms. Memcha and her children ran to a neighbouring house which she says was then locked from the outside by the security personnel. She heard gunshots and the men left.

The next morning Ms. Memcha reports finding dried blood in her courtyard near the gate. She and her sister Nure visited the Assam Rifles (AR) camp at Kwakta to ask for her husband's release yet the officers denied any report of his arrest. However they took away her mobile phone and began to make calls to recent incoming numbers.

Ms. Memcha asked for the help of local village head Ms. Pishak, who received a call from Moirang Police Station telling her that Mr. Fazeruddin had been killed. Police claimed that he had been shot in an encounter with troops from the 33 Assam Rifles in Kwakta Khuman (under Moirang jurisdiction), and that they had found arms and ammunition on his body.

In a meeting set up by community members the Chief Minister assured Ms. Memcha that as a favour he would give her family Rs.1,00,000 and find a suitable job for one of her husband's relatives. He did not offer to ensure that the matter was investigated.

Please note that when the family members received Mr. Fazeruddin's body they found it riddled with 15 bullet wounds, yet it was dressed in combat clothing that was completely free of holes. I understand that this indicates that the security personnel may have changed the victim's clothes to support their claim that he has been killed in an encounter. This is a matter for investigation. I know that in Manipur claims that victims have been killed during alleged encounters are frequently used by armed forces to cover up murders.

I therefore request that you initiate a prompt, impartial judicial inquiry into the killing of Mr. Fazeruddin and urge you to ensure that statements of the witnesses of the incident are recorded correctly and that the witnesses' security is guaranteed. Adequate protection must also be granted to the victim's family to ensure that they can pursue legal redress without fear of threats and intimidation. The officers involved in the murder must be prosecuted, tried before a civilian court and punished in proportion to the gravity of the offense. I am moreover aware that tampering with evidences is a criminal offense and that those found guilty of this practice should be properly prosecuted.

I am looking forward to hearing of a prompt intervention into this case.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. Dr. P. Chidambaram
Minister, Ministry of Home Affairs
Griha Mantralaya Room
No. 104, North Block Central Secretariat
New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763
E-mail: [email protected]

2. Mr. Okram Ibobi
Chief Minister & Home Minister of Manipur,
Chief Minister's Secretariat, Babupara
Imphal 795001, Manipur
INDIA
Fax: + 91 385 2221817
Email: [email protected]

3. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 23340016
E-mail: [email protected]

4. Lt. General Mr. K. S. Yadava (PVSM,AVSM, SM, VSM)
Director General
Assam Rifles
HQ DGAR, Shillong
Meghalaya
INDIA
Tele/Fax: 91 364 2230146
Email: [email protected]

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission ([email protected])

Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367