AHRC :: An 18-year-old boy is abducted and murdered in Manipur

Hongkong, 1 April 2010

PR by AHRC (Asian Human Rights Commission)

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-041-2010
1 April 2010
INDIA: An 18-year-old boy is abducted and murdered in Manipur
ISSUES: Extrajudicial execution; arbitrary arrest; impunity

Dear friends,

The Asian Human Rights Commission (AHRC) has received information concerning the case of a teenage boy who was abducted by three unknown men and killed later. His corpse was identified in a mortuary by his neighbours when they went to identify the body of another person, killed in identical circumstances. Reports strongly suggest that the boy was abducted and killed by a combined team of officers from the Manipur state police and the Assam Rifles stationed in Manipur.

CASE DETAILS:

On 18 March 2010 Amujao, a bus conductor and cleaner, and Mr. Elangbam Jibon, a driver were on duty on a bus running between Wabgai and Imphal. At about 2pm they parked the bus at Andro bus station in Imphal near Konung Mamang and waited for their turn to go to Wabgai.

According to our information three unknown men, suspected to be police officers, entered the bus and started talking to Amujao; they warned Jibon to stay in the bus after asking to see the vehicle's documents. They dragged Amujao from the bus and took him away in a three-wheeler. At around 4pm Jibon told members of Amujao’s family, who tried and failed to contact him.

The next day Amujao's corpse was found by his neighbours, who were at the mortuary of the Regional Institute of Medical Sciences (RIMS) at Imphal to identify and receive another body, that of Mr. Chongtham Nanao.

The circumstances of Nanao's death has been reported by the AHRC in UAC-035-2010, and a combined team of Thoubal Police Commandos and 21 Assam Rifles (AR) are facing allegations of murder.

Late that day the Assam Rifles informed Amujao's family that they had killed Amujao in an armed encounter with the 28-Assam Rifles at a place called Kongba Irong (under the jurisdiction of Irilbung Police Station, Imphal East). The Assam Rifles also claim that they recovered arms and ammunition from the victim.

It should be known that Amujao is from poor family and was its only earning member. In the past he had undergone six months imprisonment for a petty offense, though there were no other cases registered against him at the time of his death. On 20 March people in his community formed a Joint Action Committee to protest against his illegal arrest and murder. They have submitted a memorandum to the Chief Minister of the state demanding an investigation in the case and the prosecution of those involved.

ADDITIONAL INFORMATION:

The AHRC has been reporting similar cases of extrajudicial executions from Manipur for a number of years, and has observed patterns in the violations taking place. Most victims are abducted by unidentified men immediately before their reported murder in an armed 'encounter'. Often the police and/or the division of the paramilitary force involved in the case claim that they recovered arms and ammunition from the victim.

Of the cases reported from Manipur, not one has been investigated so far by any independent agencies. Please be aware that although the National Human Rights Commission issued guidelines for police handling of cases of extrajudicial executions, found here, the state has not followed them.

As evidenced in Amujao's and Nanao's cases the security forces breach all statutory requirements at the time of arrest in Manipur. According to the Criminal Procedure Code (Cr.PC), 1974, the arresting officer, whether he is in uniform or not, has to inform the arrested person who they are and why they are arresting the person. The officers also have a statutory responsibility to inform the immediate relative of the detainee, or a person of the detainee's choice the place where the arrested person will be detained. At the time of arrest, at the choice of the arrested person, the officers must make available an independent person to search the body of the arresting officers and that of the detainee so that false claims regarding recovery of contraband articles does not arise.

According to the information available to the AHRC, this procedure has not been followed in a single case in which the detainee has been later reported to be killed in an armed encounter. This not only negates the law, but is in contempt of the Indian Supreme Court's orders as delivered in the D. K. Basu case, and later incorporated into the Cr.PC. So far, in spite of repeated efforts by civil society organisations in India, the Supreme Court has failed to take any action on cases reported to the Court that shows the clear violation of its own directives.

The AHRC has commented on this consistent pattern of extrajudicial executions in Nanao's case cited above. The comments are available here. The AHRC also has published a separate report concerning impunity in Manipur in its statemen entitled: The state of the republic is showcased in Manipur, and further comments on the issue can be read at: Democracy 'Encountered': Rights' Violations in Manipur

SUGGESTED ACTION:

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

The AHRC is also writing 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: The murder of 18-year-old Amujao must be investigated as directed by the NHRC

Name of victim: Mr. Hawibam Amujao, 18 years, bus conductor.
Name of alleged perpetrators: Manipur state police and officers attached to 28 Assam Rifles
Date of incident: 18 March 2010
Place of incident: Abduction from bus bearing registration number MN-01-1818 in Kongba Irong, under the jurisdiction of Irilbung Police Station.

I am writing to voice my concern regarding the extrajudicial execution of Mr. Hawibam Amujao. I am informed that three unknown persons abducted Amujao, a bus ticket examiner, from his bus on 18 March 2010 and that his body was found in a mortuary at the Regional Institute of Medical Sciences in Imphal, Manipur, the next day.

I am informed that the Assam Rifles told Mr. Amujao's family on 19 March that he was killed in an encounter with the Assam Rifles at Kongba Irong. From the facts of the case made available to me, I suspect that the Manipur state police as well as the 28 Assam Rifles is behind the abduction and killing of the young man.

I am informed that extrajudicial executions are at an alarmingly high rate in Manipur. I am also aware that in most cases the state agencies breach the laws laid down by the Supreme Court of India concerning arrest and detention, as well as the directives of the National Human Rights Commission of India. I would like to know why the government of Manipur has thus far failed to report cases of extrajudicial executions in the state to the National Human Rights Commission, as required by the Commission.

State agencies in Manipur who have been documented as continuously breaching the Supreme Court of India's directives (as laid out in the D. K. Basu case) have not been charged with contempt of court, despite repeated reports to the Court of this. I am worried that such neglect has contributed to the culture of impunity in Manipur.

Institutions like the Supreme Court of India have a constitutional mandate to initiate suomotu inquiries into cases like that of Amujao's murder. The Court has done so in the past and has no excuse for limiting its jurisdiction, and not taking cases reported from places like Manipur. I am confident that such interventions would greatly contribute to the development of a sustainable peace in Manipur, while enlightening the Court as to the ill effects of the implementation of the Armed Forces (Special Powers) Act, 1958 in conflict areas.

At the minimum, the Supreme Court, with assistance from the National Human Rights Commission of India, has a responsibility to direct the Government of Manipur to ensure that:

1. The statement of witnesses in the case, in particular that of bus driver Mr. Elangbam Jibon is recorded by a judicial magistrate;
2. The witnesses in the case are provided protection;
3. Reports are filed as directed by the National Human Rights Commission concerning cases of extrajudicial executions reported by the AHRC to the NHRC;
4. If the statement provided by Mr. Elangbam Jibon reveals that the state agents have arrested Amujao without following the directives of the Supreme Court in the D. K. Basu case, the officers are immediately prosecuted for contempt of court
5. Amujao's family is provided an interim compensation pending investigation in the case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Justice K. G. Balakrishnan
Chief Justice of India
Tilak Marg, New Delhi 110 011
INDIA
Fax: +91 11 23381508

2. 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]

3. 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]

4. 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]

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