Arbitrary detention of Mr. Sapam Kangleipal Meitei

May 14, 2008

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in India.

Brief description of the situation:

The Observatory has been informed by the Centre for Organisation Research & Education (CORE) about the arbitrary detention of Mr. Sapam Kangleipal Meitei (also known as Sapamcha Kangleipal), President of the Manipur Forward Youth Front (MAFYF)[1], in Manipur.

According to the information received, on May 7, 2008, Mr. Sapamcha Kangleipal Meetei was arrested at the Manipur Press Club, in Imphal, for having organised a public discussion on “Arming the Civilians and Its Possible Consequences (in Manipur)” and making statements regarding the above issue in the Sangai Express Daily dated May 6, 2008, reportedly demanding the resignation of the Chief Minister of Manipur in response to his failure in terms of governance[2].

Mr. Sapamcha Kangleipal Meetei was arrested on charge of “sedition against the Government” and for “undermining the security of the State”, shortly after the public discussion. Besides, the police team forced to switch off the live broadcast of the public discussion through a local cable TV network (ISTV). The police team reportedly attempted to take him away forcibly at the very outset of the discussion.

Soon after Mr. Kangleipal had completed his speech, a (special) police commando team also allegedly entered the hall and a policeman with a black scarf on his face would have pulled him. However, taking advantage of the presence of media and other participants, Mr. Kangleipal sneaked away and went to the dais, where he informed the panellists of the situation and a lawyer requested the police and Government authority to refrain from proceeding to this arrest without legal basis. The police then waited until the end of the programme to arrest Mr. Kangleipal without any legal procedure. The other participants were allegedly forced to left the venue, but they started to confront with the commandos as the police asked them to go away from the Press Club and leave Mr. Kangleipal alone. Eventually the police team picked Mr. Kangleipal up after issuing an arrest warrant and brought him to the Imphal police station. He was arrested under section 124 A of the Indian Penal Code, section 9 of the Punjab Security Act and section 8 (b) of the Assam Maintenance of Public Order Act (FIR No. 129 (5) 08 of the Imphal Police Station).

On May 8, 2008, Mr. Kangleipal was produced before the Chief Judicial Magistrate, Imphal, and taken for remand in police custody until May 13, 2008.

On that date, Mr. Kangleipal was again brought before the Chief Judicial Magistrate of Imphal, and released on bail. However, the police arrested him again outside the court building and sent him to jail under National Security Act (NSA), under which he can be detained for one year.

The Observatory expresses its deep concern about Mr. Kangleipal’s arbitrary detention, as it seems to merely sanction his human rights activities, and recalls that India was elected as a member of the Human Rights Council in 2007 for three years, and has committed, in this regard, to “uphold the highest standards of promotion and protection of human rights”[3].

Action requested:

Please write to the Indian authorities and ask them to:

1. Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Sapam Kangleipal Meitei;
2. Release Mr. Sapam Kangleipal Meitei arrested immediately and unconditionally, as his detention is arbitrary since it only aims at sanctioning his human rights activities;
3. Put an end to any act of harassment, including at the judicial level, against all human rights defenders in India;
4. Comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by India.

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 V. Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India. Fax: +91 11 2309 2979 / + 91-11- 23094221.
• Mr Okram Ibobi Singh, Chief Minister of Manipur, Chief Minister Secretariat, Babupara, Imphal, Manipur, India. Fax No.+91 385 2221817
• Justice K. G. Balakrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, India. 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, India. Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in / patilsv@nic.in
• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative 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 diplomatic representations of India in your respective countries.

Geneva - Paris, May 14, 2008

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80
Tel and fax OMCT : + 41 (0) 22 809 49 39 / + 41 (0) 22 809 49 29

Email : Appeals@fidh-omct.org

[1] Manipur Forward Youth Front (MAFYF) is a grass roots level civil organisation working in the field of human rights, conflict transformation and peace building, anti drugs and social issues, especially regarding youths. They frequently have been urging the Government to undertake a dialogue with arm opposition groups on peace building in the State.

[2] The discussion was the follow up of one incident triggered by some armed officers of the People Revolutionary Party of Kangleipak (PREPAK), an armed opposition group in Manipur, which reportedly shot dead two girls and a boy while another girl sustained injury causing her to become blind, in the evening of March 24, 2008 at a local traditional festival dance (known as Thabal Chongba) at Heirok, Thoubal district. As the result of the violence by these non state actors, the residents of the Heirok village have been demanding guns to them in order to defend themselves in case of future armed assault. Later, another village, Lilong Chajing, Imphal West district, has also reportedly demanded the same for their own self protection. Eventually, the Government of India agreed and implemented the plan of arming the civilians of Heirok and Chajing with 300 and 200 weapons respectively. The recruitment for issuing guns has been conducted since May 5, 2008 at the Heirok village.

[3] See OP9 of General Assembly resolution A/RES/60/251.