Alleged extra-judicial killings of two men in Manipur

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Centre for Organisation Research & Education (CORE), a member of OMCT SOS-Torture network, of the alleged extra-judicial killings of Md. Mustafah (23 years old) and Md. Aziz Tomba (21 years old), members of the indigenous Muslim minority and residents of Yairipok Kekru Village and Yairipok Bamon Leikai respectively, Thoubal District, Manipur, on 18 April 2008, by the 34th Battalion of Assam Rifles (AR), posted at the campus of Chaoyaima Higher Secondary school, Thoubal, in Manipur.

According to the information received, on 15 April 2008, at about 7:00am, Md. Mustafah and Md. Aziz Tomba went to Imphal (capital city of Manipur) on a motor cycle (Bajaj pulsar bearing registration Number MN- 01Q-6562 red in color) to buy mobile recharge cards for their shop, carrying with them Rs.20,000/- (INR) (Rupees). As none of them got back home at night, their families lodged, on the next day, missing person files with the Yairipok police station. On 17 April 2008, a missing person information sheet was issued by the police.

According to the same information, on 18 April 2008 in the morning, family members of Md. Mustafah and Md. Aziz Toma went to Kaina Chingkhong (Kaina foothill), about five km from their residences, after hearing that two youths had been shot dead. The families reportedly identified the bodies as those of Md. Mustafah and Md. Aziz Toma. The bodies were reportedly guarded by members of the AR.

According to a press note issued by the AR, the 34th Battalion claimed having killed both individuals and to have found a modified carbine and one Chinese 9 MM pistol along with magazines, one Nokia mobile and a red pulsar motor cycle on the spot.

The families reportedly subsequently tried to lodge a complaint against the AR before the Yairipok police station but the police official allegedly refused. Both families and relatives further controvert the allegations that the two individuals carried arms and ammunition.

According to the source, these killings could be linked to an event that occurred two months before, when villagers of Yairipok Bamon Leikai and the area (however, according to the source, none of the two above mentioned individuals were present) intervened and broke a vehicle of the AR after the soldiers tried to arrest a villager, whom the 34th AR reportedly suspected to have links with armed opposition groups. Some villager’s leaders were summoned on the next day but, when arriving at the AR camp, they were informed that the Commanding officer (CO) was out of station. No further action was reportedly undertaken by the CO but Mr. Sharma allegedly frequently searched persons in the area if they were residents of Yairipok Bamon Leikai.

The International Secretariat of OMCT is gravely concerned about the unclear circumstances of the killings of Md. Mustafah and Md. Aziz Tomba by the AR. OMCT is particular concern with regard the human rights situation prevailing in Manipur, where the Armed Forces (Special Powers) Act is in force, as reports indicate that there is an increasing trend of extra-judicial killings and other grave human rights abuses by government forces, which mostly go unpunished. OMCT recalls that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life” as stipulated in article 6 1) of the International Covenant on Civil and Political Rights. OMCT calls on the authorities to order a prompt, thorough and impartial investigation into the circumstances of these killing, as provided in the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law.

Action requested

Please write to the authorities in India urging them to:

1. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate compensation is awarded to the victims families;
3. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standard.

Addresses

• Smt. Pratibha Devisingh Patil, President of India, Rastrapati Bhavan, New Delhi 110004, India, Fax: Fax: 91-11-23382365, 91-11-23711772
• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• Mr. Okram Ibobi Singh, Chief Minister of Manipur, Chief Minister’s Secretariat, Babupara, Imphal, Manipur, India, Fax: 91 385 222 1817, Email: cmmani@hub.nic.in
• Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
• Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

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

Geneva, 24 April 2008.

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