India: Sexual abuse of three young boys by members of Indian Army

                           CHILD CONCERN
                           IND 240898.CC


The International Secretariat of OMCT requests your URGENT 
intervention in the following situation in India.

Brief description of the situation:

The International Secretariat has been informed of the alleged sexual 
abuse of three young boys by a member of the 17 Rajputana Rifles of the 
Indian army in the isolated North Eastern State of Manipur.

According to the information received, on 22 July 1998, three boys 
Phanjoubam Boboy (age 7), Khunumayum Joychandra (age 9) and 
Samjetsabam Joykumar (age 10), were sexually abused by an 
unidentified man in military clothing, as they were walking home around 
3:30 pm. The three boys aforementioned had gone fishing in a stream 
with five elder boys, on the side of Tabokpi Chingmai, about 500 meters 
from the village of Andro Loupauchum Leikai (where they come from), 
Imphal East District, Manipur. A 17 RR camp is stationed on top of the 
Chingmai hill. 

According to the same information, the military employee ordered the 
children to go up the hill and into the bushes. He then ordered the five 
older children to bend down their heads between their legs while he took 
the younger three children farther in the bushes. He reportedly inserted 
his penis into the mouths of the three boys repeatedly and ejaculated. 
This incident allegedly lasted thirty minutes. The military employee then 
proceeded to assault the elder boys.

On July 23rd, the local village people filed a complaint to the camp 
commander of 17 RR camp, stationed at Andro and their case has been 
registered at the Yairipok Police Station. Furthermore, on July 24th, their 
case was brought up at the Manipur State Legislative Assembly by Mr. 
Salam Chandro Singh (Member of the Legislative Assembly). The day 
after, on the morning of July 25th, Lt. Col. Jayant Pentse of the Indian 
army, visited the RR camp at Andra and held a meeting with the local 
people to convince them to drop this case. However, Lt. Col. Pentse 
reportedly refused to disclose the identity of the perpetrator and to 
ensure that he would be prosecuted in accordance with the Army's Act. 
On July 26th, Major RK Mohindru threatened the villagers for having 
informed the MLA and the press of this matter. Finally, on July 27th, the 
Army picked up the women and youths, who had taken initiatives on this 
case, and harassed them. 

A medical examination of the children was carried out only twelve days 
after the sexual abuse took place. 

The army Staff Court of Inquiry began an examination of this case on the 
29th of July. On August 1st, the victims were supposed to give their 
testimony before the army Staff Court of Inquiry. Being as the three 
children do not speak the official court language, English, and that they 
were allegedly sexually abused by a member of the army, they felt it 
necessary to request a civilian interpreter of their choice. This was at first 
denied but later on, the army allowed the children to choose an interpret 
from the village. However, the interpreter from the village has never been 
allowed to enter the court room during the enquiry. The entire enquiry 
has taken place in camera with only the presence of an army interpreter. 
On August 22nd, the Staff Court of Inquiry decided that the children had 
not been sexually abused by a member of the army which means that no 
trial will take place, in accordance with army rules. 

OMCT would like to recall article 3 of the Convention on the Rights of 
the Child, stating: "In all actions concerning children, whether 
undertaken by public or private social welfare institutions, courts of law, 
administrative authorities or legislative bodies, the best interest of the 
child shall be a primary consideration." The Secretariat is gravely 
concerned for this case of sexual abuse of children and for the apparent 
impunity of the Army. The International Secretariat is concerned that the 
legislation under which the enquiry has taken place, the Army Act, 
contravenes this provision as well as several other international 
standards for fair trial. 
  
The presence of the Army in the state of Manipur has been the subject 
of considerable and continuing criticism, from both national and 
international human rights groups, for its frequent abuses of human 
rights, including rape and other forms of sexual abuse, in the state of 
Manipur and many other North Eastern States.  The army is empowered 
by the Armed Forces (Special Powers) Act which has been applied 
throughout the state of Manipur since 1980, and in some areas of that 
state for much longer and acts with almost total impunity.

Actions requested:
Please write to the Indian Authorities urging them to: 

i.- take urgent measures to guarantee the physical and 
    psychological integrity of Phanjoubam Boboy, Khunumayum 
    Joychandra and Samjetsaban Joykumar;

  ii.-guarantee a new impartial and exhaustive enquiry into the 
    events, in order to identify the person responsible, bring him to 
    trial, in light of India's obligations under the ICCPR and CRC; 

iii.-take an immediate action to bring an end to the violations of 
    human rights in the State of Manipur and other North Eastern 
    States and take all necessary measures to guarantee appropriate 
    assistance to the victims and their family, including the right to 
    redress;

iv.-ensure in all circumstances respect for human rights and 
    fundamental freedoms in accordance with national laws and 
    international standards. 

Adresses  :

H.E President K. R. Narayanan, Office of the President, Rashtrapati 
Bhavan, New Delhi 110 004. India. Fax : + 91 11 301 7290

The Prime Minister, Office of the Prime Minister, Gate No. 6, South Block, 
New Delhi 110 001, India. Fax : + 91 11 301 9817

Mr Lal Krishna Advani, Minister for Home Affairs, Government of India, 
North Block, New Delhi 110 001, India. Fax: +91 11 301 57 50

Justice M N Venkatachaliah, Honourable Chairman, National Human 
Rights Commission, 9, Sardar Patel Bhawan, Parliament Street, New Delhi 
110 001, India. Fax: 91-11- 334 0016

Geneva, 24 August 1998

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.