INDIA: Custodial torture and death of Mr. Hafeel by the police at the Perumbadappu Police Station in Kerala

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-26-2004
ISSUES: Death in custody,
Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Mr. Hafeel (24) was arbitrarily arrested on 24 February 2004 by officers from the Perumbadappu Police Station and thereafter tortured to death within two hours of his arrest. It is reported that no case against the perpetrators has been registered yet and the Sub Inspector of Police responsible for the murder is obstructing access to the case records at the police station. Please send a letter to the local authorities and request them to correct this matter immediately. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Hafeel, 24, son of Veliyankodu Mukriyath Mammu Musliar of Thrissur District, Kerala State, India
Alleged perpetrators: Sub Inspector of Police at the Perumbadappu Police Station, Malappuram District, Kerala State, India
Date of incident: 24 February 2004

Case details:

On 24 February 2004, Mr. Hafeel was arrested by officers from the Perumbadappu Police Station where he was tortured to death by the Sub Inspector of the Police within two hours of his arrest. 

On 24 February 2004, there was a festival at the local temple and Mr. Hafeel and his friends were on their way to watch the festival. Near the festival place some people started fighting and someone telephoned for police assistance. The police party led by the Sub Inspector of Police arrived at the scene and rounded up several persons who involved in fighting as well as many onlookers. Mr. Hafeel, as he was passing through the crowd, was also rounded up by the Sub Inspector. Then inspector immediately punched and assaulted the victim severely. After the assault, Mr. Hafeel was thrown into the police jeep and taken to the Perumbadappu Police Station.

At the police station, the Sub Inspector of Police again assaulted Mr. Hafeel severely. Due to the continuous violent attack, Mr. Hafeel fell unconscious. Fearing that he might die, the police immediately took Mr. Hafeel to the nearby government hospital at Vadakkekadu. Since there were no facilities to treat him, Mr. Hafeel was referred to go to the Kunnumkulam Government Hospital. Before he reached the hospital, the victim succumbed to the injuries. He was declared dead by the doctor at the Kunnumkulam Government hospital. According to his family, Mr. Hafeel was a healthy person and had no history of serious ailment prior to the arrest.

Meanwhile, the President of the local Panchayath, Mr. K. Veerankutty, who knew about the arrest of the victim, rushed to the Perumbadappu Police Station to see the victim. However, the police did not permit him to see the victim and they informed him that unless there was prior permission from the Circle Inspector, he would not be allowed to meet Mr. Hafeel. At that time, Mr. Hafeel was unconscious and had already been sent to the hospital.

The death of the victim occurred within two hours after the arrest. When the body of the victim was brought to the Royal Hospital at Kunnumkulam for an inquest, a large crowd gathered in front of the hospital. Fearing the situation would worsen, the Circle Inspector from Ponnani police station came to the spot. The crowd demanded that the police from the Perumbadappu police station and Ponnani police station must be kept away from the inquest proceedings. The Sub Divisional Magistrate Mrs. A Parvathy, who was present at the hospital to prepare the inquest, feared the people would turn violent and ordered the inquest to be conducted in the absence of the police from the Perumbadappu and Ponnani Police Stations. According to the Magistrate’s order, police from the Kunnumkulam Police Station were summoned during the time the inquest was held. The body was sent to the Thrissur Medical College for forensic examination.

However, no case against the perpetrators has been registered yet and the Sub Inspector of Police responsible for the murder is obstructing access to the case records at the police station.

The government of India has emphatically denied ratification of the UN Convention Against Torture (CAT) on the grounds that the existing domestic legislation can prevent torture. In fact, in spite of broad constitutional guarantees and reflections of certain abstract safeguards, there is no specific legislation preventing torture and thereby qualifying it as a “crime” in India. 

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern about this serious case.

1. Shri. A.P.J. Abdul kalam, 
President of India 
Rashtrapathi Bhavan, 
New Delhi -110001 
INIDA
Tel: +91-11-23016767 (Joint Secretary), 23014507 (Personal Secretary)
Fax: + 91 11 23017290 / 23017824
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A S Anand

INDIA: Custodial torture and death of Mr. Hafeel by the police at the Perumbadappu Police Station in Kerala

 


Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, 1st Floor, 
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016/ 336 6537 / 334 4113
E-Mail: chairnhrc@nic.in 

3. Mr. Justice V.P.Mohan Kumar
The Chairperson 
Kerala State Human Rights Commission
Arka Njlayam, M.P. Appan Road
Vazhuthacaud, Thiruvananthapuram -14, 
Kerala State
INDIA
Tel: +91 471 2 337263 / 337145 (direct) 313950
Fax: +91 471 2 2337148
Email : kshrctvpm@vsnl.net

4. Mr. A. K. Antony 
Chief Minister of Kerala
Room No.141, IIIrd Floor, North Block, Secretariat, 
Thiruvananthapuram, Kerala State
INDIA
Tel: +91 471 2 333812, 332184 (O) / 314853, 317051 (H)
Fax: +91 471 2 333682 (O) / 333489 (H) 
E-mail: chiefminister@kerala.gov.in

5. Mr. K.M. Mani
Minister for Revenue and Law, Kerala State
Room No.216, 3rd Floor, North Sandwitch Block,
Government Secretariat, Thiruvananthapuram
Kerala State
INDIA
Tel: +91 471 2 327876, 327976
Fax: +91 471 2 327876
E-mail: minister-revenue@kerala.gov.in

6. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016 

7. Ms. Asma Jahangir
Special Rapporteur on extrajudicial, summary or arbitrary executions
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND 
Tel: 92 42 5763 234 
Fax: 41 22 917 9006 / 92 42 5763 236 
Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk

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

SAMPLE LETTER

Dear 

Re: Custodial torture and death of Mr. Hafeel by the police at the Perumbadappu Police Station in Kerala

Name of the victim: Mr. Hafeel, 24, son of Veliyankodu Mukriyath Mammu Musliar of Thrissur District, Kerala State, India
Alleged perpetrators: Sub Inspector of Police at the Perumbadappu Police Station, Malappuram District, Kerala State, India
Date of incident: 24 February 2004

I am shocked to hear about yet another custodial death from Kerala. To arrest a person and torture him in public and further continue the torture in custody, leading to the death of a healthy person within two hours illustrates the horrendous situation of policing in India.

Mr. Hafeel was arrested and taken into custody on 24 February 2004 by the Sub Inspector of Police from the Perumbadappu Police Station in Malappuram District, Kerala State. According to information from reliable sources, Mr. Hafeel was tortured immediately on arrest before taken into the police jeep, amidst the public. After he was taken to Perumbadappu police station, he was severely tortured again, causing him to fall unconscious. On the way to the Government Hospital at Kunnumkulam from the Government Hospital at Vadakkekadu, the victim died. 

I am gravely concerned of the way in which the police tried to interfere with the postmortem inquest and by all probabilities the police will try to hush up the incident as has happened in many former occasions. However, no case against the perpetrators has been registered yet and the Sub Inspector of Police responsible for the murder is obstructing access to the case records at the police station.

Therefore, I call upon your attention to this matter and request you to order an impartial inquiry into the incident immediately. The Sub Inspector of the Police of Perumbadappu Police Station should be suspended from service while the investigation is going on. I also request the Kerala State Government to compensate to the victim¡¯s family according to international standards. The records of postmortem should be made available to the victim’s family. I again urge the Government of India to ratify the Convention against Torture (CAT) and to legislate upon it without delay.

Yours truly

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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-26-2004
Countries : India,
Issues : Death in custody,