The Commission, on the basis of the inquest, post-mortem and magisterial inquiry reports and other materials on record observed that the killings were "an execution and not an encounter and a criminal and grievous violation of human rights", according to a NHRC release.
Five persons--Allauddin, Sahjamal Hoque, Promtone Sangma, Jahangir and Salim Khan-- were killed in an encounter on June 20, 2009 in the Dohikata Kadaldhowa reserve forest in a joint operation of Assam Police, Army and CRPF.
The Commission further said that the evidence from the post-mortems show that the five men were shot from the back and not in an exchange of fire.
No attempt had been made to establish, through ballistics and forensics tests that are standard operating procedure for any efficient police investigation, that these men had handled or fired any of the weapons allegedly recovered from the site.
Unconvinced by the explanations given by the Government of Assam, the Commission had recommended that it pay Rs five lakh each to the next of kin of five men killed and the State Government was also directed to send a proof of payment to the Commission, the release added.
The Commission had registered a case on an intimation, received from the ADGP, Assam Police, on the encounter.