CSCHR raises objections to public notice on extra judicial inquiry commission

IMPHAL, February 21: In a memorandum submitted on February 18, 2013 to the independent Commission of Inquiry appointed by a directive of the Supreme Court of India, the Civil Society Coalition on Human Rights in Manipur and the UN (CSCHR) has raised critical concerns relating to the modus operandi of the Inquiry Commission. A copy of the memorandum has been dispatched to Altamas Kabir, the Chief Justice of India as per Dr Laifungbam Debabrata Roy, Convenor of CSCHR in a press conference at the Manipur Press Club today.

It may be noted that the Inquiry Commission had been earlier instituted according to a directive by the Supreme Court to probe six different extrajudicial killings involving seven individuals, including a child.The commission headed by Supreme Court Justice N Santosh Hegde, former Chief Election Commissioner JM Lyngdoh and retired DGP of Karnaka Police, Ajay Kumar Singh was established under the directive of the apex court on January 4, 2013.

Dr  Roy said today that the undated public notice published in one local vernacular daily newspaper and one English language daily newspaper on February 9, 2013 inviting sworn affidavits in English, with three extra copies, to be submitted to its office established at the Manipur Bhavan in New Delhi within 10 days of its publication is deficient and objectionable, and have no precedence in the history of Inquiry Commissions in Manipur.

"The undated public notice gives no contact details of this office except for a postal address.  No office is set up in Manipur where the terms of this Commission are to be met, its business conducted and where the alleged extra-judicial executions took place. With no office established yet in Manipur, what are the plans and schedules of the Commission in this State and where will the aggrieved families, witnesses and other interested parties meet the Commission when it visits Imphal on 1 March 2013 as reported?" Dr Roy pointed out.

Despite the Supreme Court directive, the Central and Manipur governments have not extended diligent necessary manpower and secretarial assistance to the Inquiry Commission after more than a month of its establishment, he continued.

Dr Roy then said that the full Terms of Reference of this Commission has not been made known to the public while pointing out that are no mechanisms established for witness protection or safety, and no confidentiality procedures established.

"The findings and conclusions of this Inquiry Commission will have direct implications in the ongoing petitions before the Supreme Court finally to bring justice and reparation within the grasp of the long aggrieved surviving families of the deceased," states the memorandum.

The memorandum said, considering that the undated public notice of February 9, 2013 does not give satisfactory contact details thereby nullifying a feasible mechanism of communications by telephone, fax or email or otherwise, to make available contacts where the original statements, affidavits and evidence may be presented at Imphal before the Inquiry Commission.

An informed public notification should be re-published or broadcasted in both state and privately run information dissemination mediums like the radio, television, daily newspapers, etc, at least three times in English, Manipuri and other languages in the state. The public should be informed of the full Terms of Reference of the Inquiry Commission through such a re-notification, it added.

It then said the Inquiry Commission must immediately have an office established at Imphal, Manipur with the full cooperation and essential support including secretarial and financial assistance extended by the Central and Manipur governments. 'This office should be empowered to receive any material evidence or statements or affidavits to the Inquiry Commission, as such facilitation would greatly ease the hardships being faced by the interested parties in the cases being examined,' it said.

Last date for receipt of information by the Inquiry Commission regarding the facts and circumstances relating to the killing of the aforesaid seven persons should be extended till February 28, 2013 to lend more accountability and inclusivity to the process, the memorandum demanded.

It also demanded that the Inquiry Commission must establish due processes and effective mechanisms to protect the witnesses, surviving family members of the deceased and other interested parties who wish to submit information, depose or appear before it.

It added that the Inquiry Commission must also institute a confidential mechanism as established by similar communications procedures worldwide and in the United Nations Human Rights Council which will further contribute to the personal security of witnesses and confidentiality for those who wish to appear and depose before the Inquiry Commission. The burden of making necessary copies must lie with the office of the Inquiry Commission, and not be imposed on the aggrieved families of the deceased, it said while pointing that the number of copies of documents required to be submitted  be reduced to one copy.

The memorandum also demanded that apart from printed/written documents, the Inquiry Commission should allow the submission and inclusion of audio, video, photographs, object/material evidences including instituting  fact-finding visits to the alleged encounter sites in order to establish the true facts and circumstances of the killing of the seven persons in Manipur during 2009 for effective and speedy delivery of justice to the aggrieved parties.