E/CN.4/2001/66
page 114
Officer commanding the formation ordered an inquiry into allegations of rape, which was held in
the presence of government and police officials, and representatives of the All Bodo Women
Welfare Federation. The Army Court concluded that the allegations were totally baseless,
malicious and aimed at tarnishing the image of the army. The Army had upheld the cause of
human rights at all costs. A petition was filed by the All Bodo Student Union and the All Bodo
Women Welfare Federation in the Guwahati High Court, alleging rape and molestation during
army operations on 21/22 May 1997 in Ambari Tamulpora police station, to which a counter
affidavit was filed by the army. The matter is currently pending.
577. Concerning Mamoni Koch (ibid., para. 507), the Government responded that
investigations had revealed the involvement of a sepoy of the 25th Punjab Regiment. He was
tried and found guilty by the Summary General Court Martial and was sentenced to one year in
prison and dismissal from service.
578. Concerning Dimola Doimary (ibid., para. 512), Anjali Basumatary (ibid., para. 513),
Monaishree Doimary (ibid., para. 515) and Nbiari Doimary (ibid., para. 516), the Government
responded that the alleged rape of the above-named and of Nebari Doimary on the night
of 9/10 March and 14/15 March 1998 were investigated by an army court of inquiry, which
concluded that rape could not be established in any of the cases. The complaint was lodged by
the complainant without verifying the facts and after a considerable amount of time. Medical
reports on the women did not substantiate the allegation, Ms. Thengali Doimary denied having
been raped and the army had not carried out operations in these areas on the date mentioned.
579. Concerning Lilawati Baishya (ibid., para. 517), the Government responded that an army
court of inquiry was ordered on 18 June 1998 to investigate allegations of rape. The
investigations revealed the involvement of two members of the 313 Field Regiment in the
alleged rape on 16 June 1998. They were found guilty and sentenced to 10 years’ rigorous
imprisonment and dismissal from service by the summary general court martial.
580. Concerning Bina Baishya (ibid., para. 518), the Government responded that an army
court of inquiry was ordered to investigate the allegation in June 1998 and revealed the
involvement of two members of the army in the rape of Beena Baishya. The guilty persons have
been dismissed from service and have been sentenced to 10 years in prison.
581. By letter dated 1 December 2000, the Government responded to a case transmitted by the
Special Rapporteur in November 1999 in respect of Thiru Marimuthu, Jayaseelan and
Madurai Veeran (E/CN.4/2000/9, para. 494). The allegations were investigated by the Revenue
Divisional Officer of the Government of Tamil Nadu. The cause of the death of
Thiru Marimuthu was phosphamidon poisoning. An inquiry into the matter had identified
five police officers suspected of being involved in the case. The matter, is however, sub-judice.
Observations
582. The Special Rapporteur continues to appreciate the replies of the Government; given the
federal nature of the State and the fact that many of the incidents take place in outlying areas,
sometimes in areas of armed conflict, he acknowledges the difficulties attendant on assembly of
the relevant information. In view of the failure of the Government to accept his request to
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