Attempted killing of Mr. Thokchom Nimai_No adequate measures taken to ensure his safety and absence of an effective investigation

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

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of the OMCT SOS-Torture Network, about the attempted killing of Mr. Thokchom Nimai, aged about 52 years old, from Chairen Awang Leikai, Sugnu, Thoubal District, Manipur, in June 2010.

According to the information received, on 10 June 2010, at about 10:15 pm, unidentified individuals broke into the house of Mr. Thokchom Nimai and forced him to come with them to identify the house of a certain Mr. Nando Singh. Mr. Thokchom Nimai’s wife asked to go herself with them to identify the house as her husband was reportedly not feeling well. Suddenly, one of the individuals allegedly took out from his trouser pocket a small gun and shot Mr. Thokchom Nimai in the head. The bullet entered near the nose and came out from the lower back of the head. The unknown individuals left directly after. Mr. Thokchom Nimai was immediately taken to the hospital.

According to the same information received, the following day, on 11 June 2010, at around 11:00 am, two unknown individuals arrived on a motorbike to Mr. Thokchom Nimai’s house and introduced themselves as journalists. They met Mr. Thokchom Nimai’s daughter-in-law and asked her if Mr. Thokchom Nimai was dead or still alive. They reportedly said that if he was still alive, he would be killed soon. They also reportedly asked if the family planned to go again to Thoubal court (see below).

When the two individuals left the house, they reportedly came across several policemen of the Sugnu police station, who were heading to Mr. Thokchom Nimai’s house to question the family on the attempted killing. Eyewitnesses to the scene reported that the policemen seemed to be familiar with the two aforementioned individuals.

OMCT recalls that, on 27 May 2010, Mr. Thokchom Nimai submitted an application, indicating the names of five witnesses to the events leading to his son’s killing by alleged security forces in 2009 (see context), before the Executive Magistrate of Lilong (Thoubal District), who had initiated, beginning of May 2010, an inquiry into Mr. Thokchom Nimai’s son killing[1]. Mr. Thokchom Nimai was then requested by the aforementioned magistrate to file, before 20 June 2010, the statement of the witnesses in the form of affidavits, which he eventually was not able to do.

The International Secretariat of OMCT fears that Mr. Thokchom Nimain was shot at for seeking justice for the killing of his son. OMCT is therefore gravely concerned for the safety of Mr. Thokchom Nimai and his family and accordingly, urges the competent authorities to take all necessary measures to guarantee, in all circumstances, their physical and psychological integrity, including by providing adequate protection. OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right to life.

In addition, OMCT is preoccupied that, to date, there has been no effective investigation into the attempted killing of Mr. Thokchom Nimai, despite the complaints presented by his wife before the Chief Minister, the Head of the Manipur Police and the Governor.

OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the attempted killing of Mr. Thokchom Nimai and the death threats in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Context

According to the same information received, on 30 July 2009, at about 6:30pm, Mr. Thokchom Nimai’son, Mr. Thokchom Inao alias Herojit Singh, a 27-year-old resident of Pangaltabi Awang Leikai, was back home after he had tiled agricultural land at Pangaltabi Maning Lairam, when alleged members of the Manipur Police Commando forced into his house, introducing themselves as members of a proscribed organisation. They reportedly dragged Mr. Thokchom Inao into their car that was parked outside. On the next day, on 31 July 2010, Mr. Thokchom Nimai got the news that his son had been killed in an alleged fake encounter with members of the Manipur Police Commando and the 28 Assam Rifles, at a place along the road linked to Waithou and Thiyam. To justify the killing, these latter reportedly lodged a complaint stating that, on 30 July 2009, at around 11.30 pm, they came across suspicious young armed individuals, including Mr. Thokchom Inao, who started to fire at them.

Action requested

Please write to the authorities in India/ Manipur urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Thokchom Nimai and his family;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the attempted killing of Mr. Thokchom Nimai and the death threats, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victim concerned;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 9545, + 91 11 2301 6857. Email: pmosb@pmo.nic.in;
• Mr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;
• Mr. Gurbachan Jagat, Governor of Manipur, Raj Bhavan, Imphal, India, Phone: +91 385 222 0009, Fax: +91 385 222 0278;
• Mr. Okram Ibobi Singh, Chief Minister of Manipur, Chief Minister’s Secretariat, Babupara, Imphal, Manipur, India, Email: cmmani@hub.nic.in
• Mr. Y Joykumar, Director General of Police, Bapupara, Imphal, Manipur, India. Fax: + 91 385 2223825 / 2221166, Phone: +91 385 2451166 / 2220289. Email: dgp.mnp@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

Please also write to the diplomatic mission or embassy of India in your respective country.

Geneva, 16 July 2010

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

[1] On the basis of a complaint concerning the killing of Mr. Thokchom Nimai’s son, Mr. Thokchom Inao, the National Human Rights Commission gave the mandate to the Government of Manipur to open a magisterial inquiry into this case. Accordingly, the Executive Magistrate, Lilong, Thoubal District issued, on 12 May 2010, a public notification through local newspapers mentioning that all interested persons linked with the magisterial inquiry into the death of Mr. Thokchom Inao could send their statements before the 27 May 2010.