India: New Delays and Reprisals against victim families in Supreme Court ordered Investigations in Manipur

The World Organization Against Torture (OMCT), the principalglobal coalition against torture principle is deeply concerned about delays and reprisalsagainst victim families in one of the most significant human rights judgmentsin Asia from the past years.

Between 1979 and 2012, more than1,500 people were allegedly killed in extra-judicial executions by the policeand security forces in insurgency-ridden Manipur. The Armed Forces SpecialPowers Act (AFSPA) granted the paramilitary forces and armed statepolice with special powers to combat insurgency and ensuresecurity in this area, mostly inhabited by indigenous peoples of Tibetan-Burmandescent. This legal framework has licensed a catalogue of humanrights abuses with complete impunity.

It was a historic step to come toterms with past impunity when the Supreme Court of India decided in 2016 thatany allegation of the use of excessive force by uniformed personnel resultingin death required a thorough inquiry into the incidents and that the use ofsuch force was never permissible, including in operations led against suspectedinsurgents and terrorists. Moreover, the Court stressed the importance ofinvestigations and legal judgements for a much broader truth seeking and askedthat the magnitude of the extrajudicial executions be taken into account.Following this worldwide acclaimed judgement, in July 2017 the Supreme Courtdirected the Central Bureau of Investigation (CBI) to examine 98 killings bypolice, army, and paramilitary forces in Manipur.

Yet, almost two years after the 2017judgement there are serious concerns about attempts to defeat investigations. InAugust 2018, 356 soldiers and officers of the Indian Army presented a petitionto the Supreme Court challenging the investigations into the Manipur casesarguing that such investigations would disturb the morale of the troops (seeour previous statement here). Furthermore,as of January 2019, the CBI was still not granted prosecution sanction from thegovernment which is needed under the Criminal Procedure Code in order toprosecute public officials for acts committed in the course of their officialduty. This is seriously hindering prosecution of personnel who have alreadybeen indicted but still serve in the police and army.

Moreover, victim families andnon-governmental groups reported reprisals and humiliations by publicofficials. In December 2018 and early January 2019, Inspector Pebam John,indicted by the CBI, repeatedly pressured a witness, Ms Sukham Punimabati Devi,to meet with him in order to ensure that “she remains safe when leaving herhouse”. We are seriously concerned for her safety. In addition, during a courthearing on 14 January 2019, victim families and trial observers were subjectedto repeated search of their personal belongings upon request of one of theaccused police officers who claimed that several people had taken photos of him.Subsequently, handbags were searched, and two women were forced to open photofiles of their cell phones causing embarrassment and humiliation in front ofthe entire court.

We ask that the government implement the Supreme Courtdecisions without delay and recall the positive obligation of the state toprotect victims, witnesses and human rights defenders, especially pertinent ina sensitive case such as this one. We particularly request that the competentauthorities guarantee the safety of Ms Sukham Punimabati Devi.

For further information:

Nicole Bürli, Human Rights Adviser, OMCT, nb@omct.org, +41 22 809 49 26