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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-015-2010

 <http://www.ahrchk.net/ua/support.php?ua=UAC-015-2010>

25 February 2010
------------------------------------------------------
INDIA: A lawyer's life is at risk after custodial torture

ISSUES: Human rights defenders; impunity; custodial torture
------------------------------------------------------

Dear friends,

*The Asian Human Rights Commission (AHRC) has learned that a lawyer in
Manipur is in a severe condition following torture in custody. So far no
proper investigation has been conducted and no complaint has been
registered. It is believed that the victim's injuries may be fatal.*

*CASE DETAILS:
*
Mr. Ramananda Taorem is a lawyer practicing in Imphal, Manipur. He was
arrested on 14 September 2009 at about 3pm at the office of the All Manipur
United Clubs Organisation (AMUCO) by officers from the Imphal West Police
Commando Unit. According to our information the arresting officers had no
arrest memo, which is a statutory requirement in Indian law. He was taken to
a nearby police station, then to the Police Commando Complex at Minuthong
where he was allegedly assaulted and tortured with electric shocks to his
genitals.

Ramananda was accused by police of being a member of an armed opposition
group that operates in the state, and a case was registered against him
under the provisions of the Unlawful Activities (Prevention) Act, 1967;
Official Secrets Act, 1923; the National Security Act, 1980 and under
Sections 121 and121-A of the Indian Penal Code, 1860. The police produced
him in the court of the Chief Judicial Magistrate (CJM), Imphal, where the
magistrate ruled that he should be remanded in custody for 15 days.

The authorities detained the victim at the Sajiwa Central Jail until
December 2009, where, like most other detainees he was denied the basic
facilities necessary to sustain his life, including warm clothes and a bed.
The victim was forced to sleep on the cement floor despite his injuries from
the police torture.

At the time of arrest Ramananda was receiving treatment for cardiac
ailments, and his conditions of detention and torture worsened his
condition. We are told that the police denied requests by Ramananda's family
to send him medicines from outside the jail.

The authorities released the victim on 24 December and the state government
withdrew all cases against him, raising serious doubts regarding the grounds
for his arrest. The AHRC would like to note that this is a routine
occurrence, as you can read in our reports on the detention and torture of
Mr. Jiten Yumnam, a human rights defender (UAC-122-2009). Yumnam was
arrested in similar circumstances in Manipur on the same day.

After his release from custody Ramananda was admitted to Manipur's Regional
Institute of Medical Sciences (RIMS) on 27 December in poor physical
condition and unable to speak. His right leg is suffering from monoparesis
(paresis affecting a single extremity or part of a limb), which badly
affects his mobility, and he was also diagnosed with pneumonia, cerebral
embolism and as a result, facial nerve palsy. Doctors have told him that
advanced and specialised medical treatment will be necessary otherwise his
injuries could become fatal. He is finding difficult to return to normal
life.

For further details regarding incidents related to this case involving other
persons arrested along with Ramananda, please see AHRC-UAU-026-2009. Please
also read: Impunity must END in Manipur and The state of the republic is
showcased in Manipur for further details regarding the use of force by state
agencies in Manipur and related issues.

*SUGGESTED ACTION:*

Please write to the authorities named below to guarantee Ramananda's safety
and to urge an investigation in the incident.

The AHRC has written a separate letter to the Rapporteur on the situation of
human rights defenders and the Rapporteur on Torture and other cruel,
inhuman or degrading treatment or punishment calling for an intervention in
this case.

To support this appeal please click here:
<http://www.ahrchk.net/ua/support.php?ua=UAC-015-2010>

*SAMPLE LETTER:*

Dear …………….,

*INDIA: The government must investigate the case of torture of Mr. Ramananda
Taorem*

*Name of the victim:* Mr. Ramananda Taorem, human rights lawyer, Manipur
*Name of the alleged perpetrators:* Officers associated with Imphal West
Police Commando Unit, Manipur
*Date of incident:* September 14, 2009

I am writing to express my concern regarding the case of torture of Mr.
Ramananda Taorem, a human rights lawyer working in Manipur. I am informed
that he was arrested by officers from the Imphal West Police Commando Unit
on 14 September, 2009.

I am concerned to know that after arrest the police tortured Ramananda in
custody, and later accused him of having committed crimes registered under
the Unlawful Activities (Prevention) Act, 1967; Official Secrets Act, 1923;
the National Security Act, 1980 and under Sections 121 and121-A of the
Indian Penal Code, 1860. I am also aware that the victim was produced before
the Chief Judicial Magistrate and remanded in custody. I am informed that
until his release from custody on 24 December Ramananda was denied proper
medical treatment.

>From the injuries he suffered from torture and the illegal treatment meted
out against him in custody Ramananda is now is in a critical state. I have
been informed that his physical as well as mental health is deteriorating
rapidly since then.

I am informed that soon after release the cases against Ramananda were
withdrawn unilaterally by the government, an action that raises serious
suspicion regarding the reason for his arrest. I call for your immediate
intervention in the victim’s case and demand a full investigation into the
behaviour of the police.

I urge you to take necessary actions to ensure that:

1. The statement of Ramananda must be recorded by a magistrate immediately;
2. If the statement reveals a case of torture and ill treatment, an
investigation must be ordered into the case, which must be supervised by a
Judicial Magistrate as allowed in the rules laid down by the Supreme Court
of India;
3. Ramananda must be provided immediate security;
4. The officers suspected in the case must be immediately suspended from
active service;
5. The state government must provide immediate assistance to Ramananda so
that he could seek appropriate medical assistance.

Yours Sincerely,
------------------

*PLEASE SEND YOUR LETTERS TO:

*1. Pratibha Patil Devi,
President, Office of the President, Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Fax: +91 11 23017290

2. Mr. Okram Ibobi
Chief Minister & Home Minister of Manipur,
Chief Minister's secretariat Babupara,
Imphal 795001 Manipur
INDIA
Fax: + 91 385 2221817
Email: [email protected]

3. Chairperson, National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001 INDIA
Fax: +91 11 23340016
E-mail: [email protected]

4. Dr. P. Chidambaram
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
---------------------

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission ([email protected])

 <http://www.ahrchk.net/ua/support.php?ua=UAC-015-2010>

Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367


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-- 
W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.net.googlepages.com
15, Panjabari Road, Darandha, Six Mile,
Guwahati-781037, Assam, India
Cell: +919401134314
Visit my blog at
www.rightspeaks.blogspot.com

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