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manipur_cover_20mm spine:KarmicBill_CreedExhibit.qxd 9/13/2010 2:44 PM Page 1 JaCKbooT dEMoCrACy the Northeast of india has always existed on the periphery of the nation’s consciousness, and in the footnotes of the narrative of growth, progress and development. in a region where lawlessness, rape, murder, army excesses, arbitrary detention, torture and repression are the order of the day, the man in uniform is a formidable and fearsome figure. the AFSPA that is in force here is one of the most draconian laws that Parliament has enacted in its legislative history. the law has fostered a climate in MANiPUr which the agents of law enforcement use excessive M A force at their command and set a pattern of N i apparently unlawful killings of “suspected” civilians. P iN tHE SHAdoW oF U the AFSPA gives security forces unlimited powers to r i carry out operations with impunity once an area is N declared “disturbed”. t H E S And the state of Manipur has been groaning under H A the heels of this repressive law for far too long now, d o aFsPa where the dreaded legislation has brought with it W iNdEPENdENt PEoPlE’S tales of untold sufferings — midnight knocks, o F arbitrary searches, forced captures, innumerable A tribUNAl rEPort incidents of torture, un-notified detentions, sudden F S P oN HUMAN riGHtS disappearances and rapes — more often just on the A basis of mere suspicion, and ostensibly to ‘maintain ViolAtioNS iN MANiPUr public order’. to understand the anguish of Manipuri people today, one must know the history of the AFSPA, which is nothing but a replica of the 1942 CritiqUE oF JUStiCE JEEVAN rEddy ordinance framed by the british to control the rising rEPort oN AFSPA tide of indian nationalism. o i n n d H e u p m e rEsIsTaNCE n ironically, this ordinance was revived in an a d n e r tEN yEArS oF SAtyAGrAHA FASt independent india in 1958 by the union home n i t g P ministry and became AFSPA. it was immediately h by iroM SHArMilA CHANU e t s o p implemented in parts of the Northeast. V l i e o ’ l s a t t i r o i n b Editor HarsH DobHal s u n i n a l M r a e n p i o p r u t r F-1_contents:Layout 1 9/11/2010 5:13 PM Page i MANIPUR IN THE SHADOW OF AFSPA Independent People’s Tribunal Report on Human Rights Violations in Manipur Critique of Justice Jeevan Reddy Report on AFSPA RESISTANCE Ten Years of Satyagraha Fast by Irom Sharmila Chanu Editor Harsh Dobhal F-1_contents:Layout 1 9/11/2010 5:13 PM Page ii Manipur in the Shadow of AFSPA Independent People's Tribunal on Torture, Extra-Judicial Executions and Forced Disappearances, 11-13 December 2009, Imphal, Manipur © Socio Legal Information Centre* ISBN: 81-89479-66-0 Editor: Harsh Dobhal Cover and Design: Sanjog Sharan, Karmic Design Layout: Rajesh Luhera Printed by Shivam Sundaram Green Park, New Delhi Published by Human Rights Law Network (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: [email protected] website: www.hrln.org, www.iptindia.org Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. *Any section of this volume may be reproduced without prior permission of the Human Rights Law Network/Socio Legal Information Centre for public interest purposes with appropriate acknowledgement. F-1_contents:Layout 1 9/11/2010 5:13 PM Page iii Contents Acknowledgements vii Introduction ix Depositions Oinam Papak alias Maipaksana Meitei 02 Oinam Ananda alias Girani Meitei 08 Thokchom Inao alias Herojit Singh 14 Mohd Azad Khan 19 Sorokhaibam Jibon Singh 25 Phamdom Inaocha Singh 29 Mohd Musha 33 Khumukcham Thouba alias Tomba Singh 37 Mohd Tajuddin 43 Nameirakpam Gobind Meetei 46 Nameirakpam Nobo Meetei 49 Mohd Abdul Hakim 52 Thokchom Momocha Singh 55 Warokpam Basanta Singh 58 Kongkham Devan Singh 61 Chongtham Umakanta alias Manaoton Singh 65 Thangjam Tiken Singh 68 Yumnam Nanao Singh 71 Khamnam Santanu Singh 74 Urikhimbam Premananda Singh 77 iii F-1_contents:Layout 1 9/11/2010 5:13 PM Page iv Laishram Ibobi Singh 80 Kshetrimayum Gobind Singh 83 Salam Jingo alias Gurung Singh 87 Pallungbam Kunjabihari alias Abung Singh 93 Seram Priyokumar Singh 97 Laishram Keshorjit Singh 101 Khumanthem Ajitkumar alias Naoba Singh 105 Chungkham Sanjit Meetei 109 Thokchom Ongbi Rabina Devi 113 Ngangbam Nanao Singh alias Phulchand 117 Sorokhaibam Amarjit Singh 120 Waikhom Rabichandra Singh 124 Waikhom Somen Singh 128 Wangkheimayum Hemanta Singh 132 Yumnam Kumarjit Singh 136 Naorem Boy alias Santosh Singh 139 Pebam Inao Alias Ojit Singh 142 Muhammad Ali Saha 145 Mohd Illiyas Khan 148 Juma Khan alias Boy 151 Khwairakpam Megha Singh 154 Naorem Romeo Singh 158 Voices Against Oppression Immunity Emboldens the Perpetrators Babloo Loitongbam 164 No Right to Life Professor Ksh Bimola Devi 170 Fake Encounters day-to-day Seram Rojesh 173 Can We Call Ourselves a Democracy? Harsh Dobhal 178 Collective Hopelessness Sanjai Sharma 181 Resolving the Conflict Laishram-Cha Jinine Meetei 183 Gross Human Rights Violations Wahengbam Joykumar 200 Observations of the Jury Members Protection of Human Rights Hon’ble Ms Justice KK Usha 204 Life is Not Cheap Hon’ble Mr Justice DK Basu 208 Murders Most Foul Hon’ble Mr Justice Malay Sengupta 214 The Legal Logjam C Upendra Singh 218 iv F-1_contents:Layout 1 9/11/2010 5:13 PM Page v Requiring Unique Solution Lisham Rabindra Singh 222 Aliens in Their Own Land Yambem Laba 224 Jury Findings and Recommendations 229 Resistance Ten Years of Satyagraha Fast by Irom Sharmila Chanu Harsh Dobhal 243 Critique of Justice Jeevan Reddy Report on AFSPA Will AFSPA Go the POTA Way? KG Kannabiran 256 The Evil is Intact K Balagopal 260 This is FAKE... The Repeal of AFSPA Colin Gonsalves 264 The Mask Manisha Sethi 270 Annexure The Armed Forces (Special Powers) Act, 1958 275 v F-1_contents:Layout 1 9/11/2010 5:13 PM Page vii Acknowledgements t the outset, we express our deep gratitude to the victims and their family members for reposing their faith in the Independ- ent People’s Tribunal on Torture, Extra-judicial Executions and Forced Disappearances, and for displaying remarkable courage Ain coming out in front of the Jury to narrate their tales of horror fearlessly. We are grateful to Hon’ble Jury members, some of whom were contacted at the last minute, who took time off from their busy sched- ule, travelled all the way to Imphal, gave patient hearings to victims for three days, studied all the cases meticulously and finally put down their incisive findings and recommendations. This report owes everything to Colin Gonsalves (senior advo- cate, Supreme Court and founder, HRLN) and advocate Meihoubam Rakesh of HRLN, Imphal, for their guidance and leadership through- out, before and after the Tribunal process. Both of them have been doggedly pursuing their dream for justice and peace for the people of Manipur for over a decade now, despite all odds against them. This is the second Tribunal organised under their leadership, the first having been held in Delhi in 2005, apart from organising an Independent Peo- ple’s Inquiry Commission that travelled to Manipur in the year 2000 to document cases of human rights violations. We would like to acknowledge the untiring efforts of collabo- rating organisations namely, Extra-Judicially Executed Victims' Fami- lies Association, Manipur (EEVFAM), Kanglei Young Woman's Socio Cultural Organisation (KYWSCO), Human Rights Alert (HRA), Eastern Rural Development Centre (ERDC), NGO Forum Manipur vii F-1_contents:Layout 1 9/11/2010 5:13 PM Page viii and Human Rights Initiative (HRI). These organisations have provided the much-needed strength with all possible help in order to make the Tribunal a meaningful forum. Our young and dynamic team at HRLN Manipur worked tire- lessly for days and nights. We thank Mr Khundrakpam Bidhan Singh, Mrs Lourembam Rebika Chanu, MrThokchom Kumarjit Singh, Mr Sapam Gojen Singh, MissThokchom Premlata Devi and Miss Thok- chom Jurmila Devi. They were faced with the challenging task to con- vince the victims’ families to come forth and depose before the Jury. This team was further assisted by a number of young volunteers from Manipur. We express our special gratitude to Miss Nongmaithem Puspa, Miss Nongmainganbi Maibam, Mr Heikrujam Henry Singh, Mr Thokchom John Singh, Miss Thangjam Merina Devi, Miss Wahengbam Miranda Devi, Mr Maibam Surjit Singh, Miss Thangjam Anuradha Devi and Mr Soibam Inaocha Singh. Sanjai Sharma of HRLN Delhi deserves special thanks for co- ordinating the efforts between Manipur and Delhi throughout the process. This report would not have seen the light of the day without his valuable contribution. Apart from coordinating between the Jury members and Manipur unit several times before the draft was finalised, his constant reminders and repeated enquiries about the deadline and the progress pushed us to finalise this report now. Finally, we must thank Thomas Mathew for much required help in text editing hundreds of pages of written and spoken testimonies. Last, but not the least, we thank Suresh Nautiyal, Neha Bhatnagar and Parul for painstakingly going through the draft, making corrections and giving final touches to the report. Harsh Dobhal IPT Secretariat 576, Masjid Road, Jangpura New Delhi - 110014 viii F-1_contents:Layout 1 9/11/2010 5:13 PM Page ix Introduction he discussion on terrorism, security laws and the related dis- course on human rights often revolves around anti-terror laws such as the now-repealed Prevention of Terrorism Act (POTA), Terrorist and Disruptive Activities Act (TADA), TUnlawful Activities (Prevention) Act (UAPA) and a number of other legislations operative in various states.