Asian Centre for Human Rights

Subject: Complaint about the alleged extrajudicial execution of Kamkholal Haokip (17 years) and his younger brother Sumkhosat Haokip, sons of Sonthang Haokip of G Solung village and Satkholun Haokip (15), son of Letkhai Haokip of Manipur on 13 July 2003.

Dear Justice Anand,

I am writing to seek the intervention of National Human Rights Commission against the alleged extrajudicial executions of Kamkholal Haokip (17) and his younger brother Sumkhosat Haokip, sons of Sonthang Haokip of G Solung village and Satkholun Haokip (15), son of Letkhai Haokip of Manipur on 13 July 2003 by the Assam Rifles personnel under questionable circumstances.

Version of the security forces

PIB Defence Wing in a statement reportedly claimed that the three killed were hardcore members of the KNF (P) and were killed in an encounter while during spot investigation. Based on specific information, 14 Assam Rifles personnel were pressed into service in the general area of Sipijang near Sapermeina. While carrying out cordon and search operation at Sipijang and Tuljapang village, an encounter ensued between the troops and militants in which three militants were killed while one JCO of the Assam Rifles was injured, claimed the statement. The JCO who received a bullet on the abdomen is identified as Mohan Chandra Bhat of UP. He has been airlifted by a helicopter. The army claimed to have recovered guns and incriminating documents were recovered, added PIB Defence Wing.

The security personnel identified the three killed as Kamlal Haokip, Sumsat Haokip and Salkholhuv Haokip.

Version of the villagers

Contradicting the version of the security force, villagers told media persons that the three, which included two siblings, were killed after they were dragged out from their residence after an encounter with militants at about 3 in the morning today.

Reports said that after the encounter with the militants, Assam Rifles personnel swooped down on four villages, Gelbung, G-Solung, Matjong Thangbu and L Khumnom and called out about 50 youths from their respective homes at about 3.30 am today. All the 50 youths were taken to the playground at Gelbung village.

Later at about 6.30 am, three youths were picked out while the rest were told to go home.

Even as the rest were on their way home, they heard the loud reports of gunfire, said reports.

Later the Assam Rifles personnel called out another 12 youths from the villages and told them to carry down the bodies of the three youths from a hill.

The three youths have been identified as Kamkholal Haokip (17 years) and his younger brother Sumkhosat Haokip sons of Sonthang Haokip of G Solung village and Satkholun Haokip (15 years) son of Letkhai Haokip.

Kamkholal Haokip was a Class X student of Salem Higher Secondary School while Sumkhosat and Satkholun were employed in a hotel at Imphal.

All the bodies bore multiple bullet injuries.

Villagers alleged that the Assam Rifles personnel also assaulted around 40/50 villagers including elders after the encounter. The security personnel also set upon the dog they had brought with them on the chief of G Solung village, Ngam-khojang Haokip (30).

Assam Rifles personnel also broke the right of hand of Sonthang Haokip, father of the deceased Kamkholal and Sumkhosat.

The pastors of the local Church, Sonjang Haokip (50) and Thangjamang Haokip were also assaulted by the security personnel.

Police personnel found one live hand grenade near Gelbung village. The bomb was retrieved by a bomb expert.

The bodies of the victims have been brought to RIMS morgue.

International human rights law prohibits the arbitrary deprivation of life under any circumstances. Article 3 of the Universal Declaration of Human Rights states that "everyone has the right to life, liberty and security of person." Article 6 of the International Covenant on Civil and Political Rights ('ICCPR') provides that "[e]very human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." Article 4 of the ICCPR states that this right cannot be waived "even in times of public emergency threatening the life of the nation." Moreover, under Article 2(3)(a) and (b) of the ICCPR, State parties are obliged to ensure that remedies are available to the victims of human rights violations and that those remedies are effective. Extrajudicial killings clearly contravene the right to life.

The government of India ratified the ICCPR in 1979. By ratifying an international treaty which enshrines the right to life, India is obliged not only to respect that right in principle, but also to take effective measures to ensure that extrajudicial killings do not occur in practice. Moreover, the right to life is enshrined under Article 21 of the Indian Constitution.

The United Nations Principles on the Effective Prevention and Investigation of

Extra-legal, Arbitrary and Summary Executions provides lucid guidelines on investigation of enforced disappearances. On investigation, the Principles provide:

Investigation

9. There shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances. Governments shall maintain investigative offices and procedures to undertake such inquiries. The purpose of the investigation shall be to determine the cause, manner and time of death, the person responsible, and any pattern or practice which may have brought about that death. It shall include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses. The investigation shall distinguish between natural death, accidental death, suicide and homicide.

10. The investigative authority shall have the power to obtain all the information necessary to the inquiry. Those persons conducting the investigation shall have at their disposal all the necessary budgetary and technical resources for effective investigation. They shall also have the authority to oblige officials allegedly involved in any such executions to appear and testify. The same shall apply to any witness. To this end, they shall be entitled to issue summonses to witnesses, including the officials allegedly involved and to demand the production of evidence.

11. In cases in which the established investigative procedures are inadequate because of lack of expertise or impartiality, because of the importance of the matter or because of the apparent existence of a pattern of abuse, and in cases where there are complaints from the family of the victim about these inadequacies or other substantial reasons, Governments shall pursue investigations through an independent commission of inquiry or similar procedure. Members of such a commission shall be chosen for their recognized impartiality, competence and independence as individuals. In particular, they shall be independent of any institution, agency or person that may be the subject of the inquiry. The commission shall have the authority to obtain all information necessary to the inquiry and shall conduct the inquiry as provided for under these Principles.

12. The body of the deceased person shall not be disposed of until an adequate autopsy is conducted by a physician, who shall, if possible, be an expert in forensic pathology. Those conducting the autopsy shall have the right of access to all investigative data, to the place where the body was discovered, and to the place where the death is thought to have occurred. If the body has been buried and it later appears that an investigation is required, the body shall be promptly and competently exhumed for an autopsy. If skeletal remains are discovered, they should be carefully exhumed and studied according to systematic anthropological techniques.

13. The body of the deceased shall be available to those conducting the autopsy for a sufficient amount of time to enable a thorough investigation to be carried out. The autopsy shall, at a minimum, attempt to establish the identity of the deceased and the cause and manner of death. The time and place of death shall also be determined to the extent possible. Detailed colour photographs of the deceased shall be included in the autopsy report in order to document and support the findings of the investigation. The autopsy report must describe any and all injuries to the deceased including any evidence of torture.

14. In order to ensure objective results, those conducting the autopsy must be able to function impartially and independently of any potentially implicated persons or organizations or entities.

15. Complainants, witnesses, those conducting the investigation and their families shall be protected from violence, threats of violence or any other form of intimidation. Those potentially implicated in extra-legal, arbitrary or summary executions shall be removed from any position of control or power, whether direct or indirect over complainants, witnesses and their families, as well as over those conducting investigations.

16. Families of the deceased and their legal representatives shall be informed of, and have access to any hearing as well as to all information relevant to the investigation, and shall be entitled to present other evidence. The family of the deceased shall have the right to insist that a medical or other qualified representative be present at the autopsy. When the identity of a deceased person has been determined, a notification of death shall be posted, and the family or relatives of the deceased shall be informed immediately. The body of the deceased shall be returned to them upon completion of the investigation.

17. A written report shall be made within a reasonable period of time on the methods and findings of such investigations. The report shall be made public immediately and shall include the scope of the inquiry, procedures and methods used to evaluate evidence as well as conclusions and recommendations based on findings of fact and on applicable law. The report shall also describe in detail specific events that were found to have occurred and the evidence upon which such findings were based, and list the names of witnesses who testified, with the exception of those whose identities have been withheld for their own protection. The Government shall, within a reasonable period of time, either reply to the report of the investigation, or indicate the steps to be taken in response to it."

The NHRC has issued guidelines on prevention of extrajducial executions after the incidents in Andhra Pradesh.

I shall be grateful if the NHRC could kindly intervene and issue the necessary directions.

1. Direct the State government of Manipur and Ministry of Defence to send the post mortem report which should be conducted in full conformity with the guidelines provided by the National Human Rights Commission within four weeks;

2. Direct the investigation wing of the NHRC to conduct an investigation into the extrajducial execution of the above victims in conformity with the United nations United Nations Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions;

3. Direct the State government of Manipur and Ministry of Home Affairs to pay an interim compensation of Rs 500,000 (five lakhs) to the victim's families and the same be recovered from the guilty Assam Rifles personnel; and

4. Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

Suhas Chakma
Director