India: Re-arrest of human rights defender Sapam Kangleipal Meitei under the National Security Act

Your Excellency,

I am deeply concerned following the re-arrest of human rights defender Sapam Kangleipal Meitei following his release on bail. Sapam Kangleipal Meitei is the President of the Manipur Forward Youth Front (MAFYF), a voluntary civil organisation which works for the protection and promotion of human rights, peace building and social issues at the grass-roots level.

On 13 May 2008, Sapam Kangleipal Meitei was taken into custody and booked under section 3 (2) of the National Security Act 1980, under the order issued by the District Magistrate of Imphal West. Moments previously he had been produced before the Court of the Chief Judicial Magistrate (CJM). Following a hearing in which the State reportedly failed to produce substantial evidence against Sapam Kangleipal Meitei, on charges under 124 A of the Indian Penal Code and section 9 of the Punjab Security Act and Section 8 (b) under the Assam Maintenance of Public Order Act (FIR 129 (5) 08 IPS), CJM Padmeshore released him on a bail of Rs 40,000.

On 7 May 2008, Sapam Kangleipal Meitei had been arrested after speaking publicly at the Manipur Press Club in Imphal. In Sapam Kangleipal Meitei's speech he had voiced his objections to the Manipur Government's decision to arm local people in order for them to fight militancy.

According to reports the main reason for his arrest was that he suggested that Chief Minister O Ibobi should resign on moral grounds. Sapam Kangleipal Meitei is said to have claimed that, in arming civilians so that they can protect themselves, the Government has negated the purpose of an elected government. He also pointed out a Supreme Court directive which prohibits the arming of civilians.

I believe that Sapam Kangleipal Meitei was re-arrested as a result of his legitimate work in defence of human rights, in particular his objection to the arming of civilians. I am deeply concerned about the physical and psychological integrity of Sapam Kangleipal Meitei.

I urge the Indian authorities to:

1. Immediately and unconditionally release Sapam Kangleipal Meitei and drop all charges against him, as it is believed that he has been re-arrested and detained solely on the basis of his legitimate and peaceful activities in the defence of human rights;

2. Initiate an immediate, thorough and impartial investigation into the arrest, re-arrest and detention of Sapam Kangleipal Meitei, with a view to publishing the results and bringing those responsible to justice;

3. Guarantee in all circumstances that human rights defenders and organisations in India are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

Yours sincerely,