E/CN.4/1990/17
page 26
judicial custody for not furnishing a bond for good behaviour. Later
they confessed their crime, on 25 August 1987, and furnished bonds for
bail for good behaviour, and hence they were released by the court.
Cases against Ram Prasad Dindod and his associates are pending in the
courts. As regards the allegations of torture of Ram Prasad and his
associates by the police, these are baseless. These persons were neither
harassed nor threatened in any way."
85. On 6 April 1989 the Special Rapporteur addressed a letter to the
Government of India transmitting information alleging that Th. Stephen,
a teacher aged 28 from Ngamju village, Senapati district, had been arrested
on 19 December 1988 by members of the Assam Rifles and taken to their
headquarters in Lairouching, where he was tortured (with electric shocks) and
threatened. A doctor who examined him on 21 December 1988 in Lairouching camp
allegedly refused to take note of his complaint that he had been tortured. He
was said to complain, at present, of blurred vision and inability to sleep.
Two other witnesses were also reported to have been arrested shortly after
they had given evidence in court. One of them, N. Sekho, alleged having
witnessed the torture of dozens of people by members of the Assam Rifles
in July and August 1987, near Oinam, and said he had seen some of their bodies
shortly afterwards. The chief judicial magistrate of Tamenglong district, who
was recording testimonies by women on attempted rape by Assam Rifles members,
was arrested at Ommenglong on 6 May 1988, and later alleged that he had been
tortured (by electric shocks).
86. On 8 September 1989 the Government of India informed the Special
Rapporteur that Mr. Th. Stephen had been apprehended by a patrol of 21 Assam
Rifles for being in possession of two hand grenades and ammunition. The
allegations made by him were "concocted and a deliberate attempt to discredit
the Assam Rifles and cover up his involvement with the underground movement".
Mr. N. Sekhon's allegations that he had been a witness to the torture of
dozens of people by Assam Rifles in July and August 1987 were false.
Mr. Sekhon was presently an active supporter of the National Socialist Council
of Nagaland and was reportedly involved in an attempt to raid a post of the
Security Forces towards the end of July 1988. He was subsequently arrested by
the civil police. As to the allegation that a magistrate was arrested as he
was recording testimonies by women on attempted rape by Assam Rifles
personnel, this was patently false, as there was no existing case of attempted
rape by Assam Rifles personnel. The magistrate, Mr. Max Phazang, was arrested
for alleged involvement with the underground movement in carrying out an
ambush in April 1988, in which 10 policemen were killed. The case arising
from his arrest and alleged ill-treatment was now sub judice and was being
dealt with by the Guwahati High Court, Assam.
87. On 8 September 1989 the Government of India addressed a letter to the
Special Rapporteur replying to a letter sent by him on 6 April 1988 (see
E/CN.4/1989/15, para. 53), concerning the cases of Mr. R.H. Mahir,
Mr. Mohinder Kumar and Mr. Ram Kumar. As regards Mr. Mahir, who died on the
night between 23 and 24 August 1987 after being allegedly beaten by police
personnel, a post mortem was carried out. The Medical Officer opined the
cause of death as "craniocerebral injury" and the time since death as
"about 12 hours". On the basis of a complaint lodged by Mr. Mahir's mother
and the post mortem report, the case was registered and investigated. During
the investigation witnesses stated that the deceased was moving around
on 23 August 1987 and no visible injuries were seen on his body. Given the
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