A New Hope for the Victims of AFSPA
22 March 2013
Peace Rally at Imphal observing the signing of AFSPA in 1958 on 11 September 2011 :: Pix - Amarjit Longjam
The Supreme Court Appointed Commission, headed by Justice Santosh Hegde after cross examining dozens of affidavits submitted by the victims as well as the security forces in six cases extrajudicial executions in Manipur, Imphal and Delhi concluded yesterday. The report is expected to be submitted within a week.
In September 2012 Extrajudicial Execution Victim Families' Association, Manipur (EEVFAM) along with Human Rights Alert (HRA) submitted a list of 1528 extra-judicial executions in Manipur since 1979 praying for the constitution of an Special Investigation Team (SIT) to investigate.
After hearing out the arguments from the State of Manipur, Union of India and the National Human Rights Commission, the Supreme Court on 4 January 2013 constituted a high power Commission "to be fully satisfied about the truth of the allegations concerning the cases cited by the writ petitioners". Hon'ble Mr. Justice N. Santosh Hegde, former Judge, Supreme Court of India is the chairman and Mr. J.M. Lyngdoh, former Chief Election Commissioner and Dr. Ajai kumar Singh, IPS. Retd. DGP and IGP of Karnataka are members respectively.
The Commission is mandated to make a thorough enquiry into and record a finding regarding the past antecedents and the circumstances in which they were killed for the following victims.
1. Azad khan, 2. Khumbongmayum Orsonjit, 3. Nameirakpam Gobin Meitei, 4. Nameirakpam Nobo Meitei, 5. Elangbam Kiranjit Singh, 6. Chongtham Umakanta, and 7. Akoijam Priyobroto
"In light of the enquiries made by it, the Commission is also mandated to address the larger question of the role of the State Police and the security forces in Manipur. The Commission will also make a report regarding the functioning of the State Police and security forces in the State of Manipur and in case it finds that the actions of the police and/or the security forces transgress the legal bounds the Commission shall make its recommendations for keeping the police and the security forces within the legal bounds without compromising the fight against insurgency."
The Commission invited affidavits from the public having knowledge of the facts and circumstances relating to the killings of the persons listed. Thereafter cross examinations of the witnesses were held at Classic Hotel Imphal from 3 to 7 March and in Vigyan Bhawan New Delhi from 13 to 21 March 2013.
In the final submission to the Commission on behalf of the petitioners the following suggestions were made:
1. Special investigation teams consisting of 25 senior investigation officers from outside the state of Manipur should be appointed to take up the investigation and prosecution of 25 serious cases where it is alleged that fake encounters have taken place.
2. 9 district Courts should be separately established to function exclusively as Human Rights Courts in accordance with Section 30 of the Protection of Human Rights Act, 1993 with the qualification that such courts will be empowered to entertain complaints of human rights violation directly and to devise its own procedure so that these criminal proceedings are completed within a period of 6 months.
3. That it be declared that custodial killings and other human rights atrocities when committed require no sanction for prosecution either under the CrPC or UAPA or AFSPA as the commission of a human rights atrocity has nothing to do with the performance of public duty.
4. In all other cases, where sanction is necessary, the State should communicate its order regarding the grant of sanction within 30 days of the application for sanction.
5. The National and State Legal Aid Services Authorities should provide competent lawyers with a fair practice at the Bar and with at least 5 years experience for all the victims of human rights atrocities and such lawyers will be paid by the State at rates not inconsistent with the normal commercial rates for legal practitioners.
6. A system of registering FIRs through email, registered post and other convenient methods and at public places other than police stations such as public hospitals should be put in place so that agrieved individuals can have their FIRs registered forthwith and acknowledged by the police.
7. That in all cases, right from the reporting of the human rights atrocity, the victims and their families and concerned witnesses shall be taken under the care and protection of the a special State Unit for Victim and Witness Protection, and this unit shall be responsible to protect these persons from victimization and further harm, ensure that substantial financial assistance is provided to them, ensure that generous compensation is paid and generally ensure that the lives of the persons is restored to the same level and standard as compared to the situation prevailing prior to the atrocity.
8. To help the victims and their families reconstruct their lives, the State should extend the existing social welfare schemes to such persons by amending the schemes if necessary and also create new and specific schemes with generous benefits covering education, pension, employment, health care, housing and other social benefits. In particular, such persons ought not to be stigmatized or discriminated against on the ground that they are the widows or relatives of "alleged" terrorists.
9. In all cases where it is alleged by the family or friends of the deceased that a fake encounter has taken place, a district judge or a retired district judge should conduct an inquiry expeditiously to come to a prima facie conclusion as to whether a fake encounter has taken place or not.
10. In all cases where, under the orders of the High Court, or as Commissions of Inquiries, inquiries have been done in respect of allegations of fake encounters, all such reports should be made public and copies given to the families of the victims and in cases where the findings are that the encounter was fake, criminal prosecution of the personnel concerned should immediately begin and fast tracked to finish within 6 months.
11. That this Honorable Commission recommend to the Supreme Court that a Commission be formed – along the lines of the present Commission – to meet with all sections of society , study the situation and make recommendations for the restoration of democracy in Manipur, the withdrawal of the Army and for peace to be restored.
12. It be recommended that AFSPA be repealed and the security forces withdrawn. We are jointly calling for a press conference to update the national media on the developments and our expectations from the Hon'ble Supreme Court of India to fight the menace of Armed Forces Special Powers Act in Manipur.
The collective which supported the victims during the Commission namely of the Extrajudicial Execution Victim Families Association, Manipur (EEVFAM) , Human Rights Alert (HRA), Manipur, Human Rights Law Network (HRLN), New Delhi, Jan Sangharsh Manch (JSM), Gujarat and other sincerely hopes that the Commission and the Supreme Court will play the much needed catalytic role of bringing justice to the victims of AFSPA.
Extrajudicial Execution Victim Families Association, Manipur (EEVFAM)
Human Rights Alert (HRA) Manipur
Human Rights Law Network (HRLN), New Delhi
Jan Sangharsh Manch (JSM), Gujarat
* This info was sent to e-pao.net by Babloo Loitongbam (Director - Human Rights Alert, Manipur) This Press Release was posted on March 22, 2013.
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