Alleged torture and ill-treatment/ No effective investigation/ Fear for the safety
The International Secretariat of the World Organisation Against Torture (OMCT) requestsyour URGENT intervention in the following situation in India/ Manipur.
The International Secretariat of OMCT has been informed by the Centre for Organisation Research & Education (CORE), a member of the OMCT SOS-Torture Network, about the alleged torture and ill-treatment to which Mr. Sanjenbam Robertker, a 29-year-old man from Imphal West District in Manipur, was subjected during his detention by members of the Manipur Police Commandos supervised by sub-inspector Tarun Kumar, in the city of Lamphel, in the state of Manipur.
According to the information received, on 18 September 2011 at about 1:30 pm, Mr. Sanjenbam Robertker was waiting for his girlfriend who was taking the B. Sc. Nursing examination at the Regional Institute of Medical Sciences (RIMS) Lamphel when he was asked by two members of the Indian Reserve Battalion (IRB) what he was doing at this place. After he explained the reason, the two left and a few minutes later a team of the Manipur Police Commandos arrived in a bullet proof vehicle (Rakshak jeep) and Mr. Sanjenbam Robertker was forced by the police officers into the police commando vehicle without any warrant of arrest or giving any reason. He was blindfolded and his hands were tied behind his back, then the police officers drove him to an unknown place, where he was beaten up in order to extract a confession, first forcing him to admit the abuse of narcotic substances and then after some time to admit sympathizing with the People’s Liberation Army (PLA), People’s Revolutionary Party of Kangleipak (PREPAK) and the Kangleipak Communist Party (KCP) (armed opposition groups operating in the North-eastern region of India and based in Manipur). Mr. Sanjenbam Robertker was asked to confess several times by different persons and eventually he was given an ultimatum of one hour to confess any of these charges. Later, Mr. Sanjenbam Robertker was taken to the RIMS in order to get medication and, in the evening of the same day, he was handed over to the Lamphel police station.
According to the same information received, the family members of Mr. Sanjenbam Robertker, concerned about his whereabouts in the evening, were not able to reach him since his mobile phone was turned off. On 19 September 2011, one of his sisters tried to call him again when an unidentified person answered the phone and told her that Mr. Sanjenbam Robertker was at the Lamphel police station. Some family members went to the police station but they were not allowed to meet him. They were informed that he will be brought before the District Judge`s Court, Cheirap Court Complex, Uripok, Imphal at 01:00 pm on the same day. His family members were therefore waiting at the court complex with a lawyer when the police came with Mr. Sanjenbam Robertkar at 04:00 pm. Since he was not able to move, sit or walk the family organised a chair from the court and carried him into the courtroom. He was released on bail by the District and Session Judge of Imphal West, Mr. Ibomcha, reportedly because of his extremely poor physical condition and the next hearing was fixed for the 3 October 2011.
Mr. Sanjenbam Robertker was reportedly so severely beaten that he was not able to ingest solid food and therefore had to be fed through the nose. His left ankle was swollen, his buttocks were covered with bruises, his head was hurt on the left back side and he suffered from headache. He was unable to sit or talk, he suffered from dental pain and immobility of his right hand. According to the same information Mr. Sanjenbam Robertker is treated at the Shija Hospitals and Research Institute Pvt. Ltd, Lamgol, Imphal.
To date, no effective investigation has been reportedly carried out into the aforementioned event.
The International Secretariat of OMCT is gravely concerned about the safety of Mr. Sanjenbam Robertker and urges the competent authorities to guarantee his physical and psychological integrity at all times. OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.
Accordingly, OMCT calls upon the competent authorities to undertake a prompt, effective, thorough, independent and impartial investigation into the aforementioned allegations, in order to identify all those responsible, bring them to trial and apply adequate sanctions. Finally, OMCT recalls that the victims of torture and ill-treatment must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.
Actions Requested
Please write to the authorities in India urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Sanjenbam Robertker;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned events, in particular the allegations of torture and ill-treatment, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iii. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to Mr. Sanjenbam Robertker;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Ø Smt. Pratibha Patil, President of India, Rashtrapati Bhavan, New Delhi 110004, India, Fax + 91 11 233 82365/ + 91 11 237 11 772
Ø Shri. Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi 110011, INDIA, Fax: + 91 11 23019545 / + 91 11 23016857
Email: manmohan@sansad.nic.in ; pmosb@pmo.nic.in
Ø Dr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India. Fax: +91 11 2309 2979. Email: hm@nic.in ; pchidambi@yahoo.co.in
Ø Justice Kapadia, Chief Justice of India and RK. Raghavan, Chairman of the Special Investigation Team, Supreme Court, Tilak Marg, New Delhi 110 001, India. Fax: + 91 11 233 83792, Email: supremecourt@nic.in
Ø Chairperson of the National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Fax: + 91 11 2334 0016, Email: covdnhrc@nic.in ; ionhrc@nic.in ;chairnhrc@nic.in
Ø Mr. Okram Ibobi Singh, Chief Minister of Manipur, Chief Minister’s Secretariat, Babupara, Imphal, 795001, Manipur, India, Fax: + 91 385 222 1817, + 91 385 222 1817, Email: cmmani@hub.nic.in ; cmmani@man.nic.in
Ø His Excellency Shri. Gurbachan Jagat, Governor of Manipur, Raj Bhavan Imphal 795001, Manipur INDIA, govmani@hub.nic.in Fax: + 91 385 2450278
Ø Permanent Mission of India to the United Nations (Geneva),Rue du Valais 9, 1202 Geneva,
Tel: +41 22 906 8686 Fax: + 41 22 906 86 96, Email: mission.india@ties.itu.int
Please also write to the embassies of India in your respective country.
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Geneva, 3 October 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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