INDIA: Police file a false case and torture a man in Kerala

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-098-2017
ISSUES: Administration of justice, Fabrication of charges, Impunity, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information from Nervazhi, our partner organization in Kerala, regarding the filing of a false case, torture and cruel, inhuman and degrading treatment meted out to a man in Kollam, Kerala.

CASE NARRATIVE:

Dineshan and a women were in a relationship, and the woman’s disapproving family members hence filed a false case against Dineshan. As a result, police took him into custody in Kollam, he was produced in Court and then put in jail on 14 May 2017. On June 5, he got bail and returned home. On the same evening at around 6 p.m., two police officers from Eravipuram police station came to his house asking for a bribe of Rs. 25,000 to ‘take care’ of the case. Dineshan’s mother said he was innocent and there will not pay anything, following which the police officers threateningly said that they can face the consequences if that is their decision. 

On June 6, at around 1 a.m., CI Panjakasham, CI Sunil and some other officers came to Dineshan’s house and took him into custody. When he objected, saying he was on bail, they told him that it was to question him in the earlier case. He was taken into custody and tortured, continuously questioning him about his relationship, and some nude photographs. Dinesh claimed innocence, after which he was injected with something by one of the police officers and fell unconscious. The next day, he was allegedly woken up by a police officer who rubbed his face with a toilet brush. The police officers continued to torture him and this time they rubbed something on his face and poured water, causing intense burning. The police officers threatened him with dire consequences if he continued his relationship with the woman. 

They then beat him on his legs with an iron rod as well as with a police baton. A cloth was stuffed in his mouth and he was continuously tortured, after which he was once again drugged, due to which he fell asleep. On June 7, he was woken up by the police by water being poured on him, again questioning him regarding the nude photographs and tortured some more. On June 8, he was taken in an auto-rickshaw to a house in Mayyanad, where he was made to have a bath and change his clothes. He was then produced before the Court of the Judicial Magistrate First Class, and Dineshan was informed that he was accused of sexually assaulting a 62-year-old woman in a house in Mayyanad. He denied this and explained he was in custody for a different case and that he was tortured and drugged. He was remanded to custody and ordered to be taken to a hospital, and to produce him before the Court of the Judicial Magistrate 2nd class. 

On June 9, he was produced before the Magistrate and once again he was accused of sexually assaulting a 62-year-old woman to which he replied that it was a false case and he was being tortured. His torture marks were examined and he was sent back to jail and on June 10 he was taken to hospital for treatment. He was taken every day from jail to the hospital for 3 days. He was finally released on bail on June 30, and by this time he had lost his voice, for which he is getting treatment. On July 14, one of the rogue police officers, SI Jyoti Sudhakar phoned him and threatened him once again. 

On July 21, with assistance from Nervazhi, Dineshan filed a complaint with the Kollam Police Complaint Authority along with complaints to DGP Lokanath Behara and to the Chief Minister Pinarayi Vijayan, alleging the corruption, false cases, torture and inhuman treatment that he was subject to. 

ADDITIONAL INFORMATION:

This is a clear case of corruption, exposing the rot within the police and the gross abdication of their duties. An already overworked police force is wasting its time in false cases such as these, as well as violating the fundamental rights and basic dignity of a human being. Strict action must be taken against these police officials for their criminal conduct and failure to follow the due process of law and for violation of the relevant provisions of the Kerala Police Act and Articles 14,15 and 21 of the Constitution of India. The police must refrain from moral policing and getting involved in the personal affairs of people. 

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 complainant for the torture, physical and mental trauma, and medical treatment for the injuries sustained. 
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: Police file a false case and torture a man in Kerala
 

Name of victim
: Dineshan 
Name of alleged perpetrators: CI Pankajakshan, CPOs Sunil, Varghese, Laghesh, Jyoti Sudhakar and 2 other police officers of Eravipuram police station, Kollam, Kerala
Date of incident: May 14, 2017 onwards
Place of incident: Kollam, Kerala

I am writing to voice my deep concern regarding the corruption, filing of false cases and brutal violence and torture meted out to a young man, Dinesan by policemen of the Eravipuram police station in Kerala.

Dineshan and a woman were in a relationship, and her disapproving family members hence filed a false case against Dineshan. As a result, police took him into custody in Kollam, he was produced in Court and then put in jail on 14 May 2017. On June 5, he got bail and returned home. On the same evening at around 6 p.m., two police officers from Eravipuram police station came to his house asking for a bribe of Rs. 25,000 to ‘take care’ of the case. Dineshan’s mother said he was innocent and there will not pay anything, following which the police officers threateningly said that they can face the consequences if that is their decision. 

On June 6, at around 1 a.m., CI Panjakasham, CI Sunil and some other officers came to Dineshan’s house and took him into custody. When he objected, saying he was on bail, they told him that it was to question him in the earlier case. He was taken into custody and tortured, continuously questioning him about his relationship, and some nude photographs. Dinesh claimed innocence, after which he was injected with something by one of the police officers and fell unconscious. The next day, he was allegedly woken up by a police officer who rubbed his face with a toilet brush. The police officers continued to torture him and this time they rubbed something on his face and poured water, causing intense burning. The police officers threatened him with dire consequences if he continued his relationship with the woman. 

They then beat him on his legs with an iron rod as well as with a police baton. A cloth was stuffed in his mouth and he was continuously tortured, after which he was once again drugged, due to which he fell asleep. On June 7, he was woken up by the police by water being poured on him, again questioning him regarding the nude photographs and tortured some more. On June 8, he was taken in an auto-rickshaw to a house in Mayyanad, where he was made to have a bath and change his clothes. He was then produced before the Court of the Judicial Magistrate First Class, and Dineshan was informed that he was accused of sexually assaulting a 62-year-old woman in a house in Mayyanad. He denied this and explained he was in custody for a different case and that he was tortured and drugged. He was remanded to custody and ordered to be taken to a hospital, and to produce him before the Court of the Judicial Magistrate 2nd class. 

On June 9, he was produced before the Magistrate and once again he was accused of sexually assaulting a 62-year-old woman to which he replied that it was a false case and he was being tortured. His torture marks were examined and he was sent back to jail and on June 10 he was taken to hospital for treatment. He was taken every day from jail to the hospital for 3 days. He was finally released on bail on June 30, and by this time he had lost his voice, for which he is getting treatment. On July 14, one of the rogue police officers, SI Jyoti Sudhakar phoned him and threatened him once again. 

On July 21, with assistance from Nervazhi, Dineshan filed a complaint with the Kollam Police Complaint Authority along with complaints to DGP Lokanath Behara and to the Chief Minister Pinarayi Vijayan, alleging the corruption, false cases, torture and inhuman treatment that he was subject to.

Therefore, I request you to register a crime and book the offending police officers for torture, corruption, 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. Justice H.L.Dattu, Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O. Complex, INA
New Delhi-110023
Email: cr.nhrc@nic.in 

2. 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

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

4. 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

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-098-2017
Countries : India,
Issues : Administration of justice, Fabrication of charges, Impunity, Torture,