HRC focuses on Manipur in observation
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By Our Staff Reporter
IMPHAL, Jul 26 : The Human Rights Committee has released its observations on the periodic report of India with some paragraphs focusing on the issues in Manipur.
In its observation on counter-terrorism and security measures and accoun- tability for serious human rights issues, the Committee said that the State party reports that certain “disturbed areas” suffer from terrorism and insurgency, leading to an acute “law and order situation” necessitating the involvement of the armed forces, which operate under the Armed Forces Special Powers Act, 1958 and the Jammu and Kashmir Armed Forces (Special Powers) Act, 1990.
The Committee said that the the State party should review existing counter-t errorism legislation, including the AFSPA, 1958, the Jammu and Kashmir Armed Forces (Special Powers) Act, 1990, the National Security Act, 1980, the Unlawful Activities (Prevention) Act, 1967, the Jammu and Kashmir Public Safety Act, 1978 and the Chhattisgarh Special Public Security Act, 2005, 'that does not comply with the Covenant and ensure it fully complies with its obligations under the Covenant, as well as the principles of legal certainty, predictability, nece- ssity and proportionality.
It also said that the State party should ensure that counter-terrorism legislation is not invoked or applied to unjustifiably limit any right enshrined in the Covenant, including the rights to life, liberty and security of person, procedural guarantees, such as the presumption of innocence, and freedom of expression and association and to crack down on human rights defenders, journalists, peaceful protesters and political opponents, among others.
Ensure that counter-terrorism and other security/counter insurgency related measures in disturbed areas are temporary, proportionate, strictly necessary and subject to judicial review, it said and called for a establishment of a mechanism with guarantees of independence, transparency and genuine investigation power to initiate a process to acknowledge responsibility, ascertain the truth and foster and preserve memory regarding human rights violations in disturbed areas.
The Committee notes that while these measures could constitute emergency measures, the State party has not officially declared a public emergency, as provided in Article 4 of the Covenant and General Comment no. 29 on States of Emergency.
The Committee said that they therefore are concerned that provisions of such Acts and related counter-terrorism legislation are not in compliance with the Covenant.
The Committee is particularly concerned by the provisions of counter-terrorism legislation regarding extensive powers to use lethal force; preventive detention without charge or judicial review during exceptionally long periods and extensive power granted to executive bodies under broadly and vaguely defined terms, including designating individuals responsible for acts that are “likely to threaten” or “likely to strike terror in people”, which could infringe the presumption of innocence and be misused against dissidents and activists, it said
The Committee also said that the application of counter-terrorism legislation for decades in “disturbed areas” such as districts in Manipur, Jammu and Kashmir and Assam and other territories, has led to widespread and grave human rights violations, including excessive use of force leading to unlawful killings, arbitrary detention without formal charges for years, habeas corpus petitions that are not dealt with expeditiously, sexual violence, forced displacement and torture and ill-treatment.
Saying that the Committee is also concerned with the requirement of mandatory prior authorization of the Government for the prosecution of the members of the security and armed forces in the context of counter-terrorism, it added that security and military operations create a climate of widespread impunity regarding allegations of human rights violations.
In this regard, the Supreme Court of India in 2016 stated that allegations of extrajudicial killings “must be thoroughly enquired into”; however according to reports, out of the 1,528 documented instances of extrajudicial killings in Manipur from 1979 to 2012, only 39 First Information Reports were registered, of which not all have been scheduled for trial, due among other reasons refusal of sanction for prosecution.
IMPHAL, Jul 26 : The Human Rights Committee has released its observations on the periodic report of India with some paragraphs focusing on the issues in Manipur.
In its observation on counter-terrorism and security measures and accoun- tability for serious human rights issues, the Committee said that the State party reports that certain “disturbed areas” suffer from terrorism and insurgency, leading to an acute “law and order situation” necessitating the involvement of the armed forces, which operate under the Armed Forces Special Powers Act, 1958 and the Jammu and Kashmir Armed Forces (Special Powers) Act, 1990.
The Committee said that the the State party should review existing counter-t errorism legislation, including the AFSPA, 1958, the Jammu and Kashmir Armed Forces (Special Powers) Act, 1990, the National Security Act, 1980, the Unlawful Activities (Prevention) Act, 1967, the Jammu and Kashmir Public Safety Act, 1978 and the Chhattisgarh Special Public Security Act, 2005, 'that does not comply with the Covenant and ensure it fully complies with its obligations under the Covenant, as well as the principles of legal certainty, predictability, nece- ssity and proportionality.
It also said that the State party should ensure that counter-terrorism legislation is not invoked or applied to unjustifiably limit any right enshrined in the Covenant, including the rights to life, liberty and security of person, procedural guarantees, such as the presumption of innocence, and freedom of expression and association and to crack down on human rights defenders, journalists, peaceful protesters and political opponents, among others.
Ensure that counter-terrorism and other security/counter insurgency related measures in disturbed areas are temporary, proportionate, strictly necessary and subject to judicial review, it said and called for a establishment of a mechanism with guarantees of independence, transparency and genuine investigation power to initiate a process to acknowledge responsibility, ascertain the truth and foster and preserve memory regarding human rights violations in disturbed areas.
The Committee notes that while these measures could constitute emergency measures, the State party has not officially declared a public emergency, as provided in Article 4 of the Covenant and General Comment no. 29 on States of Emergency.
The Committee said that they therefore are concerned that provisions of such Acts and related counter-terrorism legislation are not in compliance with the Covenant.
The Committee is particularly concerned by the provisions of counter-terrorism legislation regarding extensive powers to use lethal force; preventive detention without charge or judicial review during exceptionally long periods and extensive power granted to executive bodies under broadly and vaguely defined terms, including designating individuals responsible for acts that are “likely to threaten” or “likely to strike terror in people”, which could infringe the presumption of innocence and be misused against dissidents and activists, it said
The Committee also said that the application of counter-terrorism legislation for decades in “disturbed areas” such as districts in Manipur, Jammu and Kashmir and Assam and other territories, has led to widespread and grave human rights violations, including excessive use of force leading to unlawful killings, arbitrary detention without formal charges for years, habeas corpus petitions that are not dealt with expeditiously, sexual violence, forced displacement and torture and ill-treatment.
Saying that the Committee is also concerned with the requirement of mandatory prior authorization of the Government for the prosecution of the members of the security and armed forces in the context of counter-terrorism, it added that security and military operations create a climate of widespread impunity regarding allegations of human rights violations.
In this regard, the Supreme Court of India in 2016 stated that allegations of extrajudicial killings “must be thoroughly enquired into”; however according to reports, out of the 1,528 documented instances of extrajudicial killings in Manipur from 1979 to 2012, only 39 First Information Reports were registered, of which not all have been scheduled for trial, due among other reasons refusal of sanction for prosecution.