INDIA: Poor lottery ticket seller tortured by police in Thrissur, Kerala

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-078-2017
ISSUES: Administration of justice, Impunity, Threats and intimidation, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information from its partner organization in Kerala, Nervazhi, regarding the torture and violence meted out to a poor lottery ticket seller by the Thrissur police on a false charge.

CASE NARRATIVE:

Sajeevan is a lottery seller and his wife goes for domestic work. On the morning of 3 July 2017, at around 9:30 a.m., Sajeevan was selling lottery tickers along with Thangamani, a 60-year-old woman. At around 2 p.m. in the afternoon, while he was selling a lottery ticket to a man, Thangamani came to the same place and tried to sell Sajeevan’s customer a ticket. Sajeevan resisted this and they got into a fight. Thangamani complained to the East police station via telephone that Sajeevan hit her. Around 2:30 p.m., the East police station jeep came along with two policemen, who got out of the jeep and asked Thangamani what the problem was. Thereafter, Thangamani and Sajeevan were taken in the police jeep to the East police station. 

One of the officers asked them what happened and Sajeevan explained that they got into a fight but he did not hit her and Thangamani confirmed this. At around 2:45 p.m., both of them were brought to the police station.

At around 3 p.m., one of the police officers again questioned Sajeevan about what happened, and Sajeevan explained that he did not hit Thangamani and that the police should verify with her once again. They accused him of lying and hit him with force on his chest and hit him twice on his face. Sajeevan pleaded innocence and cried out in pain, begging the officer to stop beating him. Two other police officers thereafter beat him violently, causing Sajeevan to crumple up in pain; only then did they stop torturing him.

On witnessing the violence, the fearful Thangamani once again said that Sajeevan did not hit her and that she has no complaint against him and she left the station. The police then informed Sajeevan that he can be released if two people come and post bail. Around an hour later, when the police realised that there was no one who could post bail for him, they took him in the police jeep to the Thrissur District hospital. 

The duty doctor in the Casualty, after enquiring about the injuries, asked him to get an X-Ray and on observing a fracture, gave the police a slip of paper, referring him to the Medical College. The police then gave Sajeevan his X ray and the referral and told him to get treated by himself, and abandoned him at the hospital grounds and left. Sajeevan then called his wife and was taken to the Medical College where he was treated for his pain. Thereafter he was sent back to the District hospital and admitted from July 4-11. 

Sajeevan then filed a complaint against the police with the Director General of Police and to the Chief Minster for the torture meted out to him.

ADDITIONAL INFORMATION:

This is a clear case of torture and it is apparent that torture is used as a tool by the police to assert their authority over a poor person, to keep them in check and put them in their place. In this case, the police have behaved like criminals in uniform, wasting their time on a false charge and caused physical injuries and mental trauma by torturing Sajeevan. Strict action must be taken against these police officials for their criminal conduct and failure to follow the due process of law. 

SUGGESTED ACTION:

Please write letters to the relevant authorities asking them to order an enquiry against the police officials, suspend them, and initiate criminal action against them. Compensation must also be provided to the torture victim. 
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for its intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

INDIA: Poor lottery ticket seller tortured by police in Thrissur, Kerala

Name of victim: Sajeevan
Names of alleged perpetrators: 3 Policemen from Thrissur East police station, Kerala
Date of incident: July 3rd 2017
Place of incident: Thrissur, Kerala

I am writing to voice my deep concern regarding the brutal violence and torture meted out to a poor lottery ticket seller, Sajeevan, by policemen of the Thrissur East police station in Kerala.

Sajeevan is a lottery seller and his wife goes for domestic work. On the morning of 3 July 2017, at around 9:30 a.m., Sajeevan was selling lottery tickers along with Thangamani, a 60-year-old woman. At around 2 p.m. in the afternoon, while he was selling a lottery ticket to a man, Thangamani came to the same place and tried to sell Sajeevan’s customer a ticket. Sajeevan resisted this and they got into a fight. Thangamani complained to the East police station via telephone that Sajeevan hit her. Around 2:30 p.m., the East police station jeep came along with two policemen, who got out of the jeep and asked Thangamani what the problem was. Thereafter, Thangamani and Sajeevan were taken in the police jeep to the East police station. 

One of the officers asked them what happened and Sajeevan explained that they got into a fight but he did not hit her and Thangamani confirmed this. At around 2:45 p.m., both of them were brought to the police station.

At around 3 p.m., one of the police officers again questioned Sajeevan about what happened, and Sajeevan explained that he did not hit Thangamani and that the police should verify with her once again. They accused him of lying and hit him with force on his chest and hit him twice on his face. Sajeevan pleaded innocence and cried out in pain, begging the officer to stop beating him. Two other police officers thereafter beat him violently, causing Sajeevan to crumple up in pain; only then did they stop torturing him.

On witnessing the violence, the fearful Thangamani once again said that Sajeevan did not hit her and that she has no complaint against him and she left the station. The police then informed Sajeevan that he can be released if two people come and post bail. Around an hour later, when the police realised that there was no one who could post bail for him, they took him in the police jeep to the Thrissur District hospital. 

The duty doctor in the Casualty, after enquiring about the injuries, asked him to get an X-Ray and on observing a fracture, gave the police a slip of paper, referring him to the Medical College. The police then gave Sajeevan his X ray and the referral and told him to get treated by himself, and abandoned him at the hospital grounds and left. Sajeevan then called his wife and was taken to the Medical College where he was treated for his pain. Thereafter he was sent back to the District hospital and admitted from July 4-11. 

Sajeevan then filed a complaint against the police with the Director General of Police and to the Chief Minster for the torture meted out to him. In this case, the police have behaved like criminals in uniform, wasting their time on a false charge and caused physical injuries and mental trauma by torturing Sajeevan. Strict action must be taken against these police officials for their criminal conduct and failure to follow the due process of law. 

Therefore, I request you to register a crime and book the offending police officers for torture, and investigate their alleged criminal behavior and failure to follow fundamental procedural safeguards. They should also be suspended pending enquiry. Lastly, the government must pay interim compensation to the victim for his illegal arrest and for the medical bills incurred due to the police torture. 

Yours Sincerely,
……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Pinarayi Vijayan
Chief Minister and Minister for Home and Vigilance
Ground Floor, Main Block
Secretariat, Thiruvananthapuram, Kerala
INDIA
Fax + 91 471 2327451
E-mail: min.home@kerala.gov.in

2. Mr. LokanathBehara(IPS)
Director General of Police, Kerala
Police Headquarters
Trivandrum – 695010, Kerala
INDIA
Fax + 91 471 2726560
E-mail: dgp@keralapolice.gov.in 

3. Shri. P Mohana Das, 
Acting Chairperson
Kerala State Human rights Commission
Turbo plus tower, PMG junction
Thiruvananthapuram-33
INDIA
Fax: 91 471 2337148
E-mail: hrckeralatvm@gmail.com

4. Inspector General of Police, (Thrissur Range)
High Road,
Thrissur – 680001
Tel: +91-487-2425250
Email: igptsrrange.pol@kerala.gov.in

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-078-2017
Countries : India,
Issues : Administration of justice, Impunity, Threats and intimidation, Torture,