Tribunal seeks prevention of misuse of laws
Source: Hueiyen News Service
Imphal, January 18, 2011:
Misuse of the provisions of the National Security Act, Disturbed Areas Act and the Unlawful Activities (Prevention) Act should be prevented.
This is one of 10 recommendations made in the book "Manipur in the shadow of AFSPA".
The Human Rights Law Network released the book containing reports of torture, suffering and inhuman treatment by security forces under AFSPA.
This was deposed before an Independent People's Tribunal (IPT) on torture, extra-judicial executions and enforced disappearances.
The deposition was held in December, 2009. The book consists of depositions and testimonies of 42 cases of violations including 40 cases of alleged 'encounters' and two incidents of torture.
They have all been recorded during the three day tribunal.
Out of the 42 cases, family members of the victims of 30 cases deposed before the jury while 12 testimonies were presented in writing by family members without deposition before the tribunal.
Like other rights bodies, the HRLN also recommended repeal of AFSPA on the basis of the report of the Justice Jeevan Reddy Commission and observed that "till the Act is repealed, the Manipur police commandos cannot be permitted to take advantage of the provisions of the Act, which is not applicable to them".
It also recommended setting up of an independent human rights commission in whose activities the state should not interfere but should provide an independent agency for investigation.
Strict enforcement of the procedural guidelines issued by NHRC with regard to encounters and entrustment of investigation to an independent body were also recommended.
The fifth recommendation demanded the state government's immediate initiation of a transparent and thorough investigation into each one of the alleged fake encounters while the sixth recommendation demanded making public all reports of enquiries by judicial or executive or any independent commission of enquiry set up to investigate incidents of fake encounters or other extra-judicial killings.
The seventh recommendation sought just rehabilitation of the families of the deceased and injured stating that compensation as an interim relief should be promptly arranged.
The eight and the tenth recommendations have asked for the withdrawal of paramilitary forces from the state as far as possible and to take up steps for sensitization of paramilitary forces and National Legal Service Authority by giving special attention in spreading legal literacy among the common people and to make available relevant information as to how free legal aid can be obtained.
The ninth recommendation is regarding the payment of special attention by NHRC to the alleged large scale violation of human rights happening in Manipur in the name of encounters with army and police commandos.
The Human Rights Law Network released the book at a function held at Manipur Press Club.
Yambem Laba, former member of Manipur State Human Rights Commission, Wahengbam Joykumar, deputy ombudsman, MGNREGS, Imphal East and advocate Khaidem Mani, former president, All Manipur Bar Association graced the function as chief guest, guest of honour and president respectively.
The dignitaries charged that AFSPA gives security forces unlimited power to carry out operation with impunity in an area declared as "disturbed".
Yambem Laba said the book will help in exposing the facts of human rights abuse by security forces and police in the state to other parts of the world.
Khaidem Mani said that the Indian Army who is boldly fighting with external challenges coming up from the powerful Chinese and the Pakistani Army, considers encountering underground groups in an armed struggle as fighting an enemy.
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