INDIA: One man beaten to death while another seriously injured by the Thrissur Traffic Police Station officers 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-58-2004
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from JANANEETHI, a human rights organization in Kerala, India, that one man was beaten to death while another was seriously injured by the police from the Thrissur Traffic Police Station, Kerala, India on 16 May 2004.

A victim named Sajeev became unconscious due to brutal police assault and died in the police vehicle by the time they arrived at the police station, which was far less than 2km from the place of assault. The other victim named Manoj has been under treatment at the hospital and it is reported that the diaphragm of both of his ears are badly damaged and he has presently lost his hearing faculty. However, the police are insisting that Sajeev’s death resulted due to a prolonged illness. Your urgent action is required to pressure the local authorities to serve justice in this case immediately.

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

Name of the victims:
1) Mr. Sajeev, (47, a proprietor of an automobile spare parts shop at Thrissur), son of A.K Parameswaran, Ayyapath House, Kodannur Po, S.N Nagar Thrissur, Pin 680 574; Kerala, India
2) Mr. Manoj, (38, an auto rickshaw driver), son of Janardhanan, Velliyat Valappil House, Kodannur P.O., S.N Nagar Thrissur, Pin 680 574; Kerala, India
Alleged perpetrators:
1) Sub-Inspector (SI), Mr. T.K Sukumaran, attached to the Traffic Department, Thrissur Traffic Police Station
2) Head constable, Mr. Sidharthan attached to the Thrissur Traffic Police Station
3) 3 other officers attached to the Thrissur Traffic Police Station
Date of incident: 5:00 pm on 16 May 2004
Place of incident: Kizhakkumpattukara, Thrissur City, Kerala, India

Case details:

Sajeev and Manoj were brutally beaten by the police officers attached to the Thrissur Traffic Police Station on 16 May 2004. Consequently, Sajeev, who was under treatment for cardiac problems, died while he was beaten by the police and Manoj was severely injured.

At around 5:00 pm of 16 May 2004, Sajeev and Maoj were going to Thrissur from the eastern suburbs on a motorbike. When they reached Kizhakumpattukara, the suburb of Thrissur City, two policemen who followed them on a motorbike, stopped their bike. One of the police officers was identified as Mr. T. K. Sukumaran, the Traffic Sub Inspector of the City Traffic Police Station.

The police told Sajeev and Manoj to take their motorbike themselves to the traffic police station and produce themselves before the station officer. Sajeev, who was driving bike, replied that the police could take the bike to the station adhering to the legal procedural rules, but he refused to do so himself. The police then alleged that Sajeev and Manoj were heavily drunk and should therefore be arrested, which allegation the two men denied.

In the meantime, SI Sukumaran sent a message to the police station for assistance. In a short while four policemen including the head constable Mr. Sidharthan, came to the place in a police vehicle. As soon as he arrived, Mr. Sidharthan slapped Sajeev’s two ears simultaneously with his hands. He slapped Manoj, too. Both Sajeev and Manoj lost their balance and almost fainted. Then the constables threw them into the police vehicle.

In the vehicle, the police started to brutally assaulted Sajeev who, according to the police, defied their orders, and he screamed in pain. Manoj pleaded with the police not to torture Sajeev and told them that he was a heart-patient under treatment at the Elite Hospital, Thrissur. When Manoj tried to stop the police’s assault on Sajeev, who had already lost his consciousness by that time, the police started to beat him badly also. As they arrived at the traffic police station, which was far less than 2km away, Sajeev was dead. Manoj realized his friend had died and cried loudly and demanded the police to take Sajeev’s body to the Elite Hospital. The police took the body to the Elite Hospital, where he was declared dead. The initial medical inquest report says that the cause of Sajeev’s death was due to cardiac arrest. Manoj was shifted to the Government Medical College, Thrissur, where he was admitted and where he is under treatment still. The diaphragm of both of his ears are badly damaged and his hearing faculty is presently lost.

The police claimed that Sajeev’s death only resulted from his prolonged illness. They further insisted that both Sajeev and Manoj were drunk, therefore, the police had to forcefully stop them on the road. However, according to Sajeev’s family, even though Sajeev had a heart ailment, there was no danger to his life as he was strictly abiding by the doctor’s directions. Sajeev was the only breadwinner of the family and is survived by his wife and two daughters.

Mr. Anil Kumar, the Deputy Inspector General (DIG) of Police, suspended SI Sukumaran and the accomplices and ordered an inquiry into the incident. But human rights organizations worry that the inquiry against the perpetrators (the police officers) by the police will end up in a miscarriage of justice as usual.

AHRC is deeply concerned by Sajeev’s death, which was clearly due to the inhuman torture committed by the police. The brutal manner of the police in this case illustrates how they are not immune to using force on any suspect or victim even if in violation of the Indian Constitution and international human rights laws. The police officers who are responsible for the victim’s death should be prosecuted and punished by law and the victim’s family should be compensated. Also the government of India should ratify the Convention against Torture (CAT) and legislate upon it without delay in order to prevent these human rights abuses in the future.

SUGGESTED ACTION:
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SAMPLE LETTER

Dear

Re: INDIA: One man beaten to death while another seriously injured by the Thrissur Traffic Police Station officers

Name of the victims:
1) Mr. Sajeev, (47, a proprietor of an automobile spare parts shop at Thrissur), son of A.K Parameswaran, Ayyapath House, Kodannur Po, S.N Nagar Thrissur, Pin 680 574; Kerala, India
2) Mr. Manoj, (38, an auto rickshaw driver), son of Janardhanan, Velliyat Valappil House, Kodannur P.O., S.N Nagar Thrissur, Pin 680 574; Kerala, India
Alleged perpetrators: 
1) Sub-Inspector (SI), Mr. T.K Sukumaran, attached to the Traffic Department, Thrissur Traffic Police Station
2) Head constable, Mr. Sidharthan attached to the Thrissur Traffic Police Station
3) 3 other officers attached to the Thrissur Traffic Police Station
Date of incident: 5:00 pm on 16 May 2004
Place of incident: Kizhakkumpattukara, Thrissur City, Kerala, India

I am shocked to learn of yet another brutality by the police in Kerala. One victim, Sajeev, fell unconscious and died in the police vehicle due to police assault while on the way to the police station, which was less than 2km away. The other victim, Manoj, is still under treatment at the hospital and it is reported that he has presently lost his hearing faculty. This incident illustrates the horrendous situation of policing in India. Even though SI Sukumaran and his accomplices have been suspended from service and an inquiry into the case has been started, I am concerned that this will end with the failure of delivering justice to the victims as usual.

Therefore, I urge you to order an impartial and thorough inquiry into this case and prosecute and punish the above perpetrators by law. I also request the Kerala State Government to compensate the family of Sajeev and Manoj according to international standards. The appropriate postmortem on the body of Sajeev should be conducted and its report should be made available to his family. Also, the Kerala State Government must provide full medical assistance to Manoj. I again urge the Government of India to ratify the Convention against Torture (CAT) and to legislate upon it without delay in order to prevent these human rights abuses in the future. 

Thanks for your attention in this matter.



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Send a letter to:

1. Shri. A.P.J. Abdul Kalam, 
President of India
Rashtrapathi Bhavan, 
New Delhi -110001 
INIDA
Tel: +91 11 23015321 
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in

2. Justice A S Anand 
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg, 
New Delhi - 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016
E-Mail: mailto:chairnhrc@nic.in

3. 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

4. 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

5. 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

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 or asmalaw@brain.net.pk


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-58-2004
Countries : India,
Issues : Extrajudicial killings,