Two human rights defenders arrested for complaining against torture of villagers

17 May 2013 *

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-070-2013
INDIA: Two human rights defenders arrested for complaining against torture of villagers
ISSUES: Torture; impunity; corruption; the rule of law

Dear friends:

The Asian Human Rights Commission has received information from Human Rights Alert (HRA) regarding the illegal arrest of two human rights defenders and musicians from Manipur for complaining against torture. The police first tortured the victims' friends, and since they assisted the torture victims to lodge a complaint against the incident, were summoned to the police station, and later arrested on fabricated charges. It is also reported that the victims in the case is active as social reformers, protesting the state governments move of arming innocent villagers in the state.

CASE NARRATIVE:

The Thoubal police arrested Mr. Mandir Laishram, aged 40 years, son of late, Mr. L. Meijao, and Mr. Ningthoujam Hemo, aged 50 years, son of late, Mr. Thambalngou. Mr. Mandir is the secretary of Social Action Development Organization (SADO), a community based organisation, which works for the promotion of human rights, co-existence and environmental sustainability in Manipur. Mr. Hemo is the Vice-President of the Eastern Musical Association (EMA), a local band. Both the individuals are resident of Heirok village, under the jurisdiction of Thoubal Police Station, Thoubal District, Manipur, India.

On 12 May 2014, Dr. A.K Jhaljit, Superintendent of Police (SP), Thoubal District called up Mandir to have a conversation in connection to a recent incident at Heirok. Mandir and Hemo accompanied by some musicians of EMA visited Thoubal Police Station to meet SP. But the SP did not turn up till 5.30 in the evening. They returned home informing the officers of the Thoubal police that they would meet the SP on the next day.

On their way home, Mr. Ibomcha, Sub-Inspector (SI) of Thoubal police called Mandir over phone asking if they had reached home. Even before they could reach their house, they were intercepted by some personnel of Manipur police near the Police out post at Wangjing.

The officers asked if Mandir and Hemo were in the group. Mandir and Hemo identified themselves. SI Ibomcha soon came to the spot. Thereafter, the other musicians were allowed to leave the place and the police took Mandir and Hemo. Both Mandir and Hemo were produced before the Chief Judicial Magistrate (CJM) at Thoubal and remanded in police custody for 5 days.

Police registered an First Information Report No. 84(5)13 (FIR) TBL-PS under Sections 148/149/427/447/353 Indian Penal Code, 1860 (IPC) coupled with Section 343 of the IPC, Section 3 Prevention of Damage of Public Property Act. However, the copy of the FIR and arrest memo is yet to issued to the accused or to their families.

The background of the matter is that on the intervening night of 10 and 11 April 2013, the members of the EMA were returning home in an auto-rickshaw after performing Thabal chongba, a community dance held in the night. The team consisted of Mr. Moirangthem Deepak (27), Mr. N Sanatombi (36), Mr. L Nongdamba (27), Mr. L Angangchaoba, (45), Mr. N Robin (30), Mr. H. Dev (29), and Mr. Thongjao H Keshorjit (38) and the auto driver Indrakumar.

When they reached a place adjoining Heirok and Wangjing village, they were signaled to stop using a flashlight by some police personnel in plain clothes led by the Sub-Inspector (SI) Premjit of Heirok police outpost. As the police personnel were not in uniforms, the team did not know that they are police so that did not stop. As soon as they recognized some of the police personnel by their appearance, the team stopped their auto-rickshaw.

However, SI Premjit who was in police uniform came to them and asked why they did not stop and started to beat up the auto driver Indrakumar and pushing him to a nearby drain, even before they could make an explanation. The team were paraded in a line and subjected to torture with rifles butt and sticks by the police personnel. Deepak sustained a major injury on his head and the others sustained minor injuries due to the torture. Deepak was taken to the nearby Community Health Centre (CHC). SI Premjit also reportedly threatened the group not to disclose the matter to anyone.

A public meeting was held and a Joint Action Committee (JAC) was formed to ensure necessary legal action is taken against the police personnel. The meeting appointed Mr. Mandir as the secretary of the JAC. A representation demanding suspension of the police personnel including registration of an FIR against those involved in the torture is submitted to the Chief Minister of Manipur. The JAC also set a dateline to take necessary action. As no action was taken, on 11 April 2013, the people of Heirok village marched towards the Heirok police outpost and staged a protest. With no action coming from the authority the villagers of Heirok burnt the effigies of the Home Minister, the local MLA who is also Education Minister and the SP of Thoubal on 8 May 2013.

Mr. Mandir has been active in defending the basic human rights of the community. In the past, he was also involved in the campaign against the fake surrender. It is to be mentioned that individuals from different part of the state had been misguided and made to fake themselves as members of insurgent groups and stage surrender dramas. Particularly youths were promised jobs at security forces by some vested interests in connivance with the officials of the security forces. In December 2012, 6/7 youths of the Heirok village, where Mr. Mandir is living, were saved from such incident.

Mandir was also actively involved in campaign against the arming of villagers of Heirok in 2008. In March 24, 2008, some insurgent indiscriminately open fired at a Thabal chongba dance, in which some villagers were fatally injured and a girl lost her eyesight. Villagers particularly the youth asked the government to provide arms to protect themselves from the insurgentes. In response, the State Government recruited youths of the Heirok villagers as Special Police Officers (SPO). They had been given arms and also paid a few hundred rupees as allowance for their service. SPOs were latter rename as Village Defense Force (VDF). The State Government opened a Police outpost at Heirok and posted those villagers who were recruited as the VDF.

Latter, the Director General of Police (DGP) notified the recruitment of 1,550 VDF personnel who would be posted in different parts of the state. As of now there are more than ten thousand youths who are serving as the VDF in Manipur. Reports accusing the personnel of VDF to be involved in extortion and other crimes are the major concern of the citizens.

SUGGESTED ACTION:

Please write to the authorities listed below, requesting an investigation in the case. The AHRC is also writing a separate letter to the UN Special Rapporteur on the situation of human rights defenders requesting an intervention in this case.

SAMPLE LETTER:

Dear ___________,

INDIA: Two human rights defenders arrested on fabricated charges for protesting against custodial torture

Name of the victims: (1) Mr. Mandir Laishram, aged 40 years, son of late, Mr. L. Meijao, and (2) Mr. Ningthoujam Hemo, aged 50 years, son of late, Mr. Thambalngou, both residents of Heirok village, under the jurisdiction of Thoubal Police Station, Thoubal District, Manipur. Mr. Mandir is the secretary of Social Action Development Organization (SADO)
Alleged perpetrators:
Police officers from Thoubal Police Station, Manipur
Date of incident: 12 May 2013
Place of incident: Thoubal district, Manipur, India

I am writing to inform you about the case of Mr. Mandir Laishram and Mr. L. Meijao, who are allegedly arrested by the Thoubal police on fabricated charges. The facts of the case that is brought to my notice are the following:

The Thoubal police arrested Mr. Mandir Laishram, aged 40 years, son of late, Mr. L. Meijao, and Mr. Ningthoujam Hemo, aged 50 years, son of late, Mr. Thambalngou. Mr. Mandir is the secretary of Social Action Development Organization (SADO), a community based organisation, which works for the promotion of human rights, co-existence and environmental sustainability in Manipur. Mr. Hemo is the Vice-President of the Eastern Musical Association (EMA), a local band. Both the individuals are resident of Heirok village, under the jurisdiction of Thoubal Police Station, Thoubal District, Manipur, India.

On 12 May 2014, Dr. A.K Jhaljit, Superintendent of Police (SP), Thoubal District called up Mandir to have a conversation in connection to a recent incident at Heirok. Mandir and Hemo accompanied by some musicians of EMA visited Thoubal Police Station to meet SP. But the SP did not turn up till 5.30 in the evening. They returned home informing the officers of the Thoubal police that they would meet the SP on the next day.

On their way home, Mr. Ibomcha, Sub-Inspector (SI) of Thoubal police called Mandir over phone asking if they had reached home. Even before they could reach their house, they were intercepted by some personnel of Manipur police near the Police out post at Wangjing.

The officers asked if Mandir and Hemo were in the group. Mandir and Hemo identified themselves. SI Ibomcha soon came to the spot. Thereafter, the other musicians were allowed to leave the place and the police took Mandir and Hemo. Both Mandir and Hemo were produced before the Chief Judicial Magistrate (CJM) at Thoubal and remanded in police custody for 5 days.

Police registered an First Information Report No. 84(5)13 (FIR) TBL-PS under Sections 148/149/427/447/353 Indian Penal Code, 1860 (IPC) coupled with Section 343 of the IPC, Section 3 Prevention of Damage of Public Property Act. However, the copy of the FIR and arrest memo is yet to issued to the accused or to their families.

The background of the matter is that on the intervening night of 10 and 11 April 2013, the members of the EMA were returning home in an auto-rickshaw after performing Thabal chongba, a community dance held in the night. The team consisted of Mr. Moirangthem Deepak (27), Mr. N Sanatombi (36), Mr. L Nongdamba (27), Mr. L Angangchaoba, (45), Mr. N Robin (30), Mr. H. Dev (29), and Mr. Thongjao H Keshorjit (38) and the auto driver Indrakumar.

When they reached a place adjoining Heirok and Wangjing village, they were signaled to stop using a flashlight by some police personnel in plain clothes led by the Sub-Inspector (SI) Premjit of Heirok police outpost. As the police personnel were not in uniforms, the team did not know that they are police so that did not stop. As soon as they recognized some of the police personnel by their appearance, the team stopped their auto-rickshaw.

However, SI Premjit who was in police uniform came to them and asked why they did not stop and started to beat up the auto driver Indrakumar and pushing him to a nearby drain, even before they could make an explanation. The team were paraded in a line and subjected to torture with rifles butt and sticks by the police personnel. Deepak sustained a major injury on his head and the others sustained minor injuries due to the torture. Deepak was taken to the nearby Community Health Centre (CHC). SI Premjit also reportedly threatened the group not to disclose the matter to anyone.

A public meeting was held and a Joint Action Committee (JAC) was formed to ensure necessary legal action is taken against the police personnel. The meeting appointed Mr. Mandir as the secretary of the JAC. A representation demanding suspension of the police personnel including registration of an FIR against those involved in the torture is submitted to the Chief Minister of Manipur. The JAC also set a dateline to take necessary action. As no action was taken, on 11 April 2013, the people of Heirok village marched towards the Heirok police outpost and staged a protest. With no action coming from the authority the villagers of Heirok burnt the effigies of the Home Minister, the local MLA who is also Education Minister and the SP of Thoubal on 8 May 2013.

Mr. Mandir has been active in defending the basic human rights of the community. In the past, he was also involved in the campaign against the fake surrender. It is to be mentioned that individuals from different part of the state had been misguided and made to fake themselves as members of insurgent groups and stage surrender dramas. Particularly youths were promised jobs at security forces by some vested interests in connivance with the officials of the security forces. In December 2012, 6/7 youths of the Heirok village, where Mr. Mandir is living, were saved from such incident.

Mandir was also actively involved in campaign against the arming of villagers of Heirok in 2008. In March 24, 2008, some insurgent indiscriminately open fired at a Thabal chongba dance, in which some villagers were fatally injured and a girl lost her eyesight. Villagers particularly the youth asked the government to provide arms to protect themselves from the insurgentes. In response, the State Government recruited youths of the Heirok villagers as Special Police Officers (SPO). They had been given arms and also paid a few hundred rupees as allowance for their service. SPOs were latter rename as Village Defense Force (VDF). The State Government opened a Police outpost at Heirok and posted those villagers who were recruited as the VDF.

Latter, the Director General of Police (DGP) notified the recruitment of 1,550 VDF personnel who would be posted in different parts of the state. As of now there are more than ten thousand youths who are serving as the VDF in Manipur. Reports accusing the personnel of VDF to be involved in extortion and other crimes are the major concern of the citizens.

I therefore request you to ensure the following:
1. That a thorough and independent investigation is undertaken in the case;
2. The background under which the two human rights defenders are arrested is investigated, including the incident of torture of the musicians;
3. That a judicial magistrate records the statements of the victims of torture and an investigation ordered into the case;

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. Okram Ibobi Singh
Chief Minister of Manipur
New Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax + 91 385 2451398
E-mail: [email protected]

2. Director General of Police
PHQ Imphal Manipur
795001 Imphal, Manipur
INDIA
Fax + 91 385 2223829
E-mail: [email protected]

3. Chief Secretary, Manipur
Old Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax + 91 385 2222629
E-mail: [email protected]

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