CORE Report on Torture in Manipur 2015

A report prepared by the Centre for Organisation Research and Education (CORE) on the practice and incidents of torture in Manipur documented by the organisation’s autonomous humanitarian action service for victims of torture, the Human to Humane Transcultural Centre for Torture and Trauma Victims (H2H). The documentation was done for the period from 2014 to May 2015 and includes information on the rehabilitation efforts made by H2H for the victims and their families. The report is released on the occasion of the UN International Day in Support for Victims of Torture, 26 June 2015.

PRESS RELEASE

CORE Press Statement_UN International Torture Day 26june2015

“…views the prevailing climate of impunity in Manipur leading to the perpetuation of the practice of torture and related trauma as leading to one of the worst forms of psychosocial anguish and deeply ingrained social anomie. Furthermore, the administration of justice and efforts to understand and address the health and psychological needs of the victims and their families, in which the state plays no decisive and accountable role, has continued to be a far cry for decades. This report, released on the occasion of the United Nations International Day in Support of Victims of Torture, 26 June 2015, which contains data gathered over a period of one year by the centre, provides a background and context to the practice of torture by state and non-state agencies, organisations and entities. The theme of this year’s affirmative commemoration all over the world is “Right to Rehabilitation”.  The report expresses the anguish of the deep trauma and inter-related psychosocial consequences that victims and their families suffer and the efforts made by CORE and H2H to address them by providing rehabilitation services. Recommendations are made in the end that addresses the governments as well as non-state actors including civil society.”

CLICK ON THE LINK BELOW TO READ THE FULL REPORT

CORE Torture Report 2015

General Comment No. 3 of the UN Committee against Torture

This general comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Each State party is required to “ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.” The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment (hereafter “ill-treatment”) without discrimination of any kind, in line with the Committee’s general comment No. 2.

General Comment No 3 on Article 14 CAT

During the drafting of this general comment in 2011, H2H and CORE submitted two written documents in order to inform the Committee about several aspects of Article 14 and its interpretation that we thought were quite critical. These documents may be accessed below by clicking on the links.

H2H-CORE 1 H2H-CORE 2

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Resolution adopted by the General Assembly on 16 December 2005 [on the report of the Third Committee (A/60/509/Add.1)]

Basic Principles and Guidelines on the Right to Remedy and Reparation

The Principle of Restitutio ad integrum under international law calls for the redress of the ‘life plan’ of victims of serious human rights and humanitarian law violations. This justifies the need for rehabilitation as a form of reparation, since victims have a right to reconstruct, as far as possible, their life.

The concept of a “life plan” is akin to the concept of personal fulfilment, which in turn is based on the options that an individual may have for leading his life and achieving the goal that he sets for himself.  Strictly speaking, those options are the manifestation and guarantee of freedom.  An individual can hardly be described as truly free if he does not have options to pursue in life and to carry that life to its natural conclusion.  Those options, in themselves, have an important existential value.  Hence, their elimination or curtailment objectively abridges freedom and constitutes the loss of a valuable asset, a loss that this Court cannot disregard. 

[…]

It is reasonable to maintain, therefore, that acts that violate rights seriously obstruct and impair the accomplishment of an anticipated and expected result and thereby substantially alter the individual’s development.  In other words, the damage to the “life plan”, understood as an expectation that is both reasonable and attainable in practice, implies the loss or severe diminution, in a manner that is irreparable or reparable only with great difficulty, of a person’s prospects of self-development.  Thus, a person’s life is altered by factors that, although extraneous to him, are unfairly and arbitrarily thrust upon him, in violation of laws in effect and in a breach of the trust that the person had in government organs duty-bound to protect him and to provide him with the security needed to exercise his rights and to satisfy his legitimate interests.[1]


[1] Inter-American Court of Human Rights, Loayza Tamayo v. Peru, Judgment on Reparations and Costs, 27 November 1998, paras. 148-150.

Hueiyen Lanpao "Sending armed forces among civilians not right: Dr Meinya"

Imphal, Aug 18: Marking the 55 years of imposing Armed Forces Special Power Act (AFSPA), 1958, Just Peace Foundation in collaboration with Civil Society Coalition for Human Rights in Manipur and The UN released a book entitled, ‘Manipur: Memorandum on Extrajudicial, Summary or Arbitrary Executions’ at Imphal Hotel’s Banquet Hall here on Saturday.

At the function, human rights activists and members of civil society organizations unanimously adopted two resolutions. Firstly, ‘to request all the Members of the Parliament from the regions and States affected by AFSPA to unitedly make every effort with urgency in order to ensure that this Act is repealed,’ and secondly, ‘to request civil society organizations and movements in the AFSPA affected regions and States and the rest of the India to increase efforts to urge the government of India to repeal the Act during the present session of Parliament.’

Dr T Meinya Singh, Member of Parliament (Lok Sabha), who attended the function as Chief Guest, said that armed forces are specially trained to fight enemy, however, sending them among the civilians under the guise of controlling insurgency is not right. Referring to the assurance of Prime Minister Dr Manmohan Singh to amend AFSPA and make it more humane, Dr  Meinya said that  the Prime Minister and his Cabinet is very much concern about the draconian aspect of the Act. Commission reports of former Union Law Minister Veerappa Moily and Vice President Hamid Ansari too have recommended repealing of AFSPA. However, in a democratic set up, revocation or make changes to a law is a long process and it takes time.

Further, Dr Meinya observed that in order to expedite the process of revoking AFSPA, every citizen has to empower themselves first and all the people affected by the Act should come up with a single voice to repeal it. Delivering the key note address, human rights activist Babloo Loitongbam recalled that when AFSPA was introduced as a Bill for the first time in Lok Sabha on 18th August, 1958, the then Home Minister G B Pant justified the Bill stating, “state government can use the army only for limited purpose,”. But today it has been transformed into “unlimited purpose” as the Army aggressively embarks on their mission to win the heart and mind of the people in the disturbed areas.In Manipur we are witnessing that the military has transgressed its usual leveling of football grounds or organizing medical camps and now entered almost every academic seminars and even in Lai Haraoba festivals through its military civic action programs.

Appealing to the Prime Minister and his Cabinet colleagues to pause for a moment and have a serious introspection on the issue, Babloo said that repealing AFSPA will put India in a good stead as a credible democracy amongst the comity of nations and it will also help to recover some of the lost faith and confidence of the North East people and Kashmir to the democratic processes of the country.

Participating in the panel discussion, Senior Advocate, Khaidem Mani said that due to the presence of AFSPA, Indian democracy is turning towards a “Colonial Democracy.” It also indirectly helps to upsurge insurgency movement in the AFSPA affected states.
If the Indian government wants to continue its colonial democracy, then AFSPA can be continued, and if the government wants  the active participation of Manipur and other North East people, then the black law should be repealed immediately, he added. Another panelist and President of Senior Citizen for Society, Ningthoujam Binoy questioned the interest of the three MPs from the state with regard to the current movement for removing AFSPA.

During the panel discussion, retired Session Court Judge, C Upendra also said that in order to repeal the Act, all the civil society organizations and human rights activist in the AFSPA affected regions should come together as one. Retired Colonel T Hemo Singh; Convenor of Civil Society Coalition on Human Rights in Manipur and The UN Dr Debabrata Roy; Advisor IPSA  H Ibotombi; Lokendra Arambam; Managing Trustee of Just Peace Foundation Kh Anandi were among others who also participated in the panel discussion.

The Sangai Express "1528 people killed in fake encounters: Report"

IMPHAL, Aug 18 : Altogether 1528 people including 31 wo-men and 98 children were killed in fake encounters by security forces in Manipur between 1979 and May, 2012.

Of these, 419 were killed by Assam Rifles while 481 were killed by combined teams of Manipur Police and central security forces.

These figures were clearly recorded in a report released today at Hotel Imphal at a function held in commemoration of August 18, 1958 when the Armed Forces (Special Powers) Act was passed in the Indian Parliament.

The commemorative function was jointly organised by the Just Peace Foundation and the Civil Society Coalition on Human Rights in Manipur and the UN.

The report titled ‘Manipur: Memorandum on Extrajudicial Summary or Arbitrary Execu-tions’ mentioned that State forces excluding central forces killed 344 people between 1979 and 2012.

Out of the 344 people, 40 were killed by Manipur Police Commandos, 90 by Imphal East Commandos, 132 by Imphal West commandos, 15 by Bishnupur Commandos and 67 by Thoubal Commandos.

Speaking at the occasion, Civil Society Coalition on Hu-man Rights in Manipur and the UN convenor Debabrata Roy Laifungbam said that the report was published after minute analysis and cross-checking by different human right organisations.

The report was published after making some additions to the memorandum submitted to the UN Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, Christof Heyns during his visit to India between March 19 and 30 this year.

After releasing the report, MP Dr T Meinya reminded that the Justice Jeevan Reddy Committee constituted by the Government of India itself has already agreed that AFSPA ne-gated the very spirit and principles of democracy.

Recalling that Prime Minis-ter Dr Manmohan Singh once assured to make the military Act more humane, Dr Meinya maintained that AFSPA would be certainly given a humane face even if it takes time.

The function also figured a panel discussion programme with Lokendra Arambam as moderator. One panellist said that it is not only the army and the politicians but many civil organisations based in main-land India are opposed to repealing AFSPA because they do not have faith in the people of North East region.

They can never treat the people of India as equal citizens of India.

The army too are victims of AFSPA for they are empowered by the draconian Act to commit all kinds of crimes and extrajudicial killings with full impunity, thereby rousing communal tendency, remarked the scholar.

Almost all the panelists agreed that AFSPA should be repealed.

Later, a resolution adopted appeal to all the MPs of North Eastern States, States affected by AFSPA and all civil society organisations of the country to work collectively so that the Parliament passes a resolution during the ongoing session to the effect that AFSPA is scrapped totally.

19-Aug-2012 / 03:49 AM / Headlines / Our Staff Reporter / http://www.thesangaiexpress.com/sangai-express-news.php?newsid=18451

The Coalition launches publication "Extrajudicial Executions in Manipur" on 18 August 2012

CSCHR launches, as a formal publication, its memorandum to the Special Rapporteur on extrajudicial, summary and arbitrary executions, Christof Heyns on Saturday 18th August 2012. Dr Thokchom Meinya, Member of Parliament (Lok Sabha) will release the publication in an event that also memorialises the day – 54 years ago – when the Armed Forces (Special Powers) Act of 1958 was passed by Indian Parliament.

“The memorandum elaborates on the political context of the armed conflict prevailing in Manipur for the past over three decades, which forms the context of the summary or arbitrary killings…provides information on the domestic legislative provisions, lacunae in the investigation and judicial processes and the independence of the judiciary, the limitations of inquests and post-mortem procedures, absence of a witness protection programme and issues concerning impunity, justice and reparation for the victims’ families.” (Excerpt from memorandum to Christof Heyns, 28 March 2012)

Cover Page of the Publication “MANIPUR: a memorandum on extrajudicial executions”