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C I V I L L I B E RT I E S
quarters of the year, in respect of allegations of violations of human rights by
personnel of the para-military forces. The 'nil' reports appear to be indicative
of a lack of seriousness on the part of those who are meant to monitor
allegations of possible human rights violations by members of the para-military
forces. If the number of complaints received by the Commission alleging
violations of human rights by personnel of the para-military forces is any
indication, it seems inconceivable that no such complaints were received
directly by any of the para-military forces or by the Ministry of Home Affairs.
The Commission therefore urges the Ministry of Home Affairs to look into this
matter with greater care and sensitivity than appears to be the case at present.
4.35 The Commission also continued to monitor and act upon complaints
received from North-Eastern States. In one important case, which the
Commission had pursued since 1997, when a complaint was received from the
Chairman, Kuki Movement for Human Rights, alleging that a certain
Haosinglun Changsam had been kidnapped and subsequently murdered on 7
March 1997 by personnel of 32 Rashtriya Rifles in Charachaud district of
Manipur, the Commission concluded that the injuries caused to the deceased
appeared to have been the result of close range firing on a vital part of the
body, rather than the result of cross-firing in the dark when the deceased
supposedly attempted to escape from the custody of the army. Upon considering
the response received from the Ministry of Defence, the Commission concluded
on 8 August 2002 that a sum of Rs. 1,00,000 be paid to the next-of-kin of
Haosinglun Changsam as monetary relief and issued a directive to that effect.
B] Custodial Deaths
4.36 The curbing of custodial violence has been a major objective of the
Commission ever since it was established. It will thus be recalled that, as early
as 14 December 1993, the Commission issued instructions that it must be
informed of any incident of custodial death or rape within 24 hours of its
occurrence; it was added that the failure to report promptly would give rise
to the presumption that an attempt was being made to suppress the incident.
In subsequent instructions, it was stated that information on custodial deaths
was to be followed by a post-mortem report, a videography report on the postmortem examination, an inquest report, a magisterial enquiry report, a
chemical analysis report, etc. In order to avoid delays in the scrutiny of such
cases, the Commission issued additional guidelines in December 2001 asking
the States to send the required reports within two months of the incident; it
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N