Alleged tortureand ill-treatment/ No effective investigation/ Fear for the safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requestsyour URGENT interventionin the following situation in India/ Manipur.

Brief description of the situation

The International Secretariatof OMCT has been informed by the Centre for Organisation Research &Education (CORE), a member of the OMCT SOS-Torture Network, about the allegedtorture and ill-treatment to which Ms. LeishiwonMashangva, a 37-year-old woman from New Canaan village, Mr. Surrender Hungyo, a 45-year-old manfrom New Canaan village, and Mr. ChihansingChithung, a 22-year-old man from Nungsong village, were subjected duringtheir detention by members of the Manipur Police Commandos, in the city of Imphal,in the state of Manipur. All three are members of the Tangkhul Naga tribe.

According to the informationreceived, on 19 August 2011 at about 3:45 pm, after collecting pig-feed nearthe Imphal river, Ms. Leishiwon Mashangva, Mr.Surrender Hungyo andMr.Chihansing Chithung were waiting for a vehicle near the India Reserve Battalion(IRB) gate, at Khuman Lampak, in Imphal, when three unidentified individuals inplain-clothes (one of them reportedly wore camouflage trousers), alleged to bemembers of the Manipur Police Commandos, arrived and asked them what they weredoing at that place. The three policemen then forced Ms. Leishiwon Mashangva,Mr.Surrender Hungyo andMr. Chihansing Chithung to follow themwithout any warrant of arrest or giving any reason. They were forced into awhite Maruti van and they were first taken to the Sport Complex in KhumanLampak, where the policemen reportedly asked passers-by to identify Ms. LeishiwonMashangva, Mr.Surrender Hungyo andMr. Chihansing Chithung. The policementhen brought them to a house located in Khuman Lampak from where the policementook some clothes. These were subsequently used to blindfold Ms. LeishiwonMashangva, Mr.Surrender Hungyo andMr. Chihansing Chithung. It wasreportedly already dark when they arrived at the police commando camp in KhumanLampal.

According to the sameinformation received, at the aforementioned police camp, Ms. LeishiwonMashangva, Mr.Surrender Hungyo andMr. Chihansing Chithung were severelybeaten by the police for about three hours and accused of being members of anarmed opposition group who came to plant bombs.

Ms. Leishiwon Mashangva wasreportedly so severely beaten all over her body that she could not open hermouth to eat and walk or sit up properly. Her right cheek and eye were swollenand her jaw was badly hurt. She was allegedly asked to sign on a paper but sherefused as she cannot read. She was released on bail the following day, on 20 August 2011, after she was producedbefore a magistrate. Mr. Surrender Hungyo was also reportedly severely beatenall over his body causing him difficulty walking. Furthermore, he wasthreatened with being shot if he refused to admit. The police reportedly tookhis signature on papers without explaining the content of the paper. He wasreleased on bail, on 26 August2011, but has to report on fixed dates to the Imphal Police station. Mr. ChihansingChithung was reportedly forced to strip before the police poured water all overhis body and started to beat him. One of his forefingers was broken. The policethen allegedly forced him to admit of being in possession of four bullets. Hewas released on bail, on 30 August 2011, but has to reporton fixed dates to the Imphal Police station. None of them was examined by adoctor or had access to a lawyer during their detention.

According to the sameinformation, Ms. Leishiwon Mashangva, Mr.Surrender Hungyo andMr. ChihansingChithung were only taken by their friends, upon their respective release, to aprivate hospital in Dewlahland, in Imphal. A senior Superintendent of police(SI) of Imphal West District reportedly later denied the allegations of tortureand ill-treatment in a local newspaper. To date, no effective investigation hasbeen reportedly carried out into the aforementioned event.

The International Secretariat of OMCT isgravely concerned about the safety of Ms. Leishiwon Mashangva, Mr.Surrender Hungyo andMr. Chihansing Chithung and urges thecompetent authorities to guarantee their physical andpsychological integrity at all times. OMCT recalls that theauthorities have to fulfil their obligations under international human rightslaw to protect the right not to be subjected to torture or other cruel, inhumanor degrading treatment or punishment and to bringing to justice thoseresponsible for violating this right.

Accordingly,OMCT calls upon the competent authorities to undertake a prompt, effective, thorough, independent and impartialinvestigation into the aforementioned allegations, in order to identify allthose responsible, bring them to trial and apply adequate sanctions.

Actions Requested

Please write to theauthorities in India urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Ms. LeishiwonMashangva, Mr.Surrender Hungyo andMr. Chihansing Chithung;

ii. Carryout a prompt, effective, thorough, independent and impartial investigation intothe aforementioned events, in particular the allegations of torture andill-treatment, in accordance with international human rights standards, the result ofwhich must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

iii. Ensure that an effectiveremedy as well as the right to full redress, including compensation andrehabilitation, is granted to the victims concerned;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø Smt. Pratibha Patil, President of India,Rashtrapati Bhavan, New Delhi 110004, India, Fax 91 11 233 82365/ 91 11 237 11772

Ø Shri. Manmohan Singh, Prime Minister ofIndia, Prime Minister’s Office, Room number 152, South Block, New Delhi 110011,INDIA, Telephone: 91-11-23012312. Fax: 91-11-23019545 / 91-11-23016857.Email: manmohan@sansad.nic.in, pmosb@pmo.nic.in

Ø Dr. P. Chidambaram, Union Minister of HomeAffairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001India. Fax: +91 11 2309 2979. Email: hm@nic.in,pchidambi@yahoo.co.in

Ø Justice Kapadia, Chief Justice of India andRK. Raghavan, Chairman of the Special Investigation Team, Supreme Court, TilakMarg, New Delhi -01, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in

Ø Chairperson of the National Human RightsCommission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India.Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: covdnhrc@nic.in, ionhrc@nic.in,chairnhrc@nic.in

Ø Mr. Okram Ibobi Singh, Chief Minister ofManipur, Chief Minister’s Secretariat, Babupara, Imphal, 795001, Manipur,India, Telephone: + 91 385 2450137 (O), + 91 385 2421171 (R), Fax: 91 3852451817, + 91 385 2451817, Email: cmmani@hub.nic.in, cmmani@man.nic.in

Ø His Excellency Shri. Gurbachan Jagat,Governor of Manipur, Raj Bhavan Imphal 795001, Manipur INDIA,govmani@hub.nic.in (Off) + 91 385 2450009, + 91 385 2450009, + 91 385 2450287Fax: + 91 385 2450278

Ø Dr. Girija Vjas, Chairperson, NationalCommission for Women, 4, Deen Dayal Upadhayaya Marg, New Dehli 110 002 India,Fax: +91 11 23236154, Email: ncw@nic.in

Ø Dr. L. Ibetombi, Chairperson, ManipurState Women Commission, DC Office, Complex, North Block, Post OfficeLamphelpat, Manipur 795 004, Email: mscw_imphal@yahoo.com

Ø PermanentMission of India to the United Nations (Geneva),Ruedu Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 8696, Email: mission.india@ties.itu.int

Please also write to the embassies of India in your respective country.

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Geneva, 14 September 2011

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.