India
04.08.03
Urgent Interventions
India: torture and forced disappearance of Mr. Ningthoujam Boby
Case IND 040803
Torture / Forced disappearance
The International Secretariat of 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 and Education (CORE), a member of the OMCT network, of the torture and forced disappearance of Ningthoujam Boby, a resident of Keisamthong Elangbam Leikai Khabam Lakpa Mandop, Imphal West District, in Manipur, India.
According to the information received, 30-year old Ningthoujam Boby, who is also known as Dhanajit, has not been seen since his July 30th, 2003 arrest by members of the Assam Rifles’ 17th Battalion, which is stationed at Chingamathak, Singjamei, Imphal.
At approximately 1:00 am on July 30th, members of the Assam Rifles (reportedly a government-controlled paramilitary force operating in Manipur) reportedly broke down the front door of Mr. Ningthoujam Boby's home and approximately 15 Hindi-speaking Assam Rifles personnel dragged Mr. Ningthoujam Boby from his bed into the house's courtyard. Once outside, they poured water on him and began to kick him and beat him with sticks. Pliers were used on his nose while water was poured on him. Mr. Ningthoujam Boby's family was too frightened to intervene.
The Assam Rifles did not provide a warrant or reason for Mr. Ningthoujam Boby's arrest, but Mr. Ningthoujam Boby's family reports that he is a former member of the United National Liberation Front (UNLF), an armed opposition group demanding Manipur's independence. Mr. Ningthoujam Boby has already been arrested twice by members of the 17th Battalion Assam Rifles. Mr. Ningthoujam Boby’s whereabouts remain unknown and there are serious concerns that he may be subjected to summary and extra-judicial execution. According to reports, the Assam Rifles are the paramilitary force of the Government of India, operating in Manipur to counter the insurgency activities of the armed opposition groups in Manipur. Various extra-constitutional emergency measures, including the Armed Forces (Special Powers) Act, 1958 reportedly provide special powers to the armed forces of India while operating in Manipur, including the right to kill on mere "suspicion" and granting legal immunity for their involvement in human rights violations.
The International Secretariat of OMCT calls on the Indian government to immediately locate Mr. Ningthoujam Boby and to guarantee his physical and psychological integrity at all times. OMCT also calls on the Indian government to ensure that Mr. Ningthoujam Boby is immediately released in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, to guarantee that he receives a fair and prompt trial. OMCT further calls on the authorities to launch a prompt and impartial investigation into these serious allegations of torture and forced disappearance, in order to identify those responsible and bring them to trial.
Action requested
Please write to the authorities in India urging them to:
i. immediately locate Mr. Ningthoujam Boby;
ii. take all necessary measures to guarantee his physical and psychological integrity;
iii. order Mr. Ningthoujam Boby’s immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
v. 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. Atal Behari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi, India-110011, Fax: 91-11-3019545 / 91-11-3016857
· Mr. Okram Ibobi Singh, Chief Minister of Manipur, CM's Secretariat, Babupara, Imphal 795001, Manipur, India.
· Justice A. S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 100001, India, E-Mail: chairnhrc@nic.in; covdnhrc@hub.nic.in, Fax: +91 11 2334 0016
· Mr. L. K. Advani, Deputy Prime Minister, Ministry of Home Affairs, Griha Mantralaya, Room No. 104, North Block, Central Secretariat, New Delhi 110001, India, Fax: +91 11 2301 5750, 2309 3750, 2309 2763
· Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, August 4th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Forced disappearance
The International Secretariat of 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 and Education (CORE), a member of the OMCT network, of the torture and forced disappearance of Ningthoujam Boby, a resident of Keisamthong Elangbam Leikai Khabam Lakpa Mandop, Imphal West District, in Manipur, India.
According to the information received, 30-year old Ningthoujam Boby, who is also known as Dhanajit, has not been seen since his July 30th, 2003 arrest by members of the Assam Rifles’ 17th Battalion, which is stationed at Chingamathak, Singjamei, Imphal.
At approximately 1:00 am on July 30th, members of the Assam Rifles (reportedly a government-controlled paramilitary force operating in Manipur) reportedly broke down the front door of Mr. Ningthoujam Boby's home and approximately 15 Hindi-speaking Assam Rifles personnel dragged Mr. Ningthoujam Boby from his bed into the house's courtyard. Once outside, they poured water on him and began to kick him and beat him with sticks. Pliers were used on his nose while water was poured on him. Mr. Ningthoujam Boby's family was too frightened to intervene.
The Assam Rifles did not provide a warrant or reason for Mr. Ningthoujam Boby's arrest, but Mr. Ningthoujam Boby's family reports that he is a former member of the United National Liberation Front (UNLF), an armed opposition group demanding Manipur's independence. Mr. Ningthoujam Boby has already been arrested twice by members of the 17th Battalion Assam Rifles. Mr. Ningthoujam Boby’s whereabouts remain unknown and there are serious concerns that he may be subjected to summary and extra-judicial execution. According to reports, the Assam Rifles are the paramilitary force of the Government of India, operating in Manipur to counter the insurgency activities of the armed opposition groups in Manipur. Various extra-constitutional emergency measures, including the Armed Forces (Special Powers) Act, 1958 reportedly provide special powers to the armed forces of India while operating in Manipur, including the right to kill on mere "suspicion" and granting legal immunity for their involvement in human rights violations.
The International Secretariat of OMCT calls on the Indian government to immediately locate Mr. Ningthoujam Boby and to guarantee his physical and psychological integrity at all times. OMCT also calls on the Indian government to ensure that Mr. Ningthoujam Boby is immediately released in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, to guarantee that he receives a fair and prompt trial. OMCT further calls on the authorities to launch a prompt and impartial investigation into these serious allegations of torture and forced disappearance, in order to identify those responsible and bring them to trial.
Action requested
Please write to the authorities in India urging them to:
i. immediately locate Mr. Ningthoujam Boby;
ii. take all necessary measures to guarantee his physical and psychological integrity;
iii. order Mr. Ningthoujam Boby’s immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
v. 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. Atal Behari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi, India-110011, Fax: 91-11-3019545 / 91-11-3016857
· Mr. Okram Ibobi Singh, Chief Minister of Manipur, CM's Secretariat, Babupara, Imphal 795001, Manipur, India.
· Justice A. S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 100001, India, E-Mail: chairnhrc@nic.in; covdnhrc@hub.nic.in, Fax: +91 11 2334 0016
· Mr. L. K. Advani, Deputy Prime Minister, Ministry of Home Affairs, Griha Mantralaya, Room No. 104, North Block, Central Secretariat, New Delhi 110001, India, Fax: +91 11 2301 5750, 2309 3750, 2309 2763
· Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, August 4th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.