INDIA: Death of a man due to police torture in Kerala 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-95-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about the torture and death of a man in Kollam District, Kerala, India.

Mr. Rajendran (37) was in the business of selling floor cleaners. On 6 April 2005 when he went to Sankar hospital to meet the management, he was denied entry at the gate, despite having made an appointment earlier, and was instead handed over to the police by the security guard.

The Assistant Sub-Inspector (ASI) attached to Kollam East police station took him into custody. Rajendran was asked to take off his clothes and then brutally tortured by the ASI. Sometime later, five more policemen were called in and the victim was taken to a room consisting of various torture tools where he was further abused and then thrown into the police lockup where he subsequently died.

The dead body was taken to the District Government hospital where Rajendran was declared dead on arrival. It is alleged that the police have changed the timings in their general diary entry to show that he was alive when taken to hospital. It is also alleged that the police have registered a false case against the victim and are not making the post mortem report available to his family.

Please immediately send a letter to the Director General of Police asking him to order a thorough and impartial investigation so that the perpetrators of this heinous crime are duly punished. All those police officers responsible for the victim’s death should be immediately suspended from duty and arrested. The victim’s family should be adequately compensated.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION

Name of the victim: Rajendran, age 37 years
Address: Raj Nivas, Kodamkulam, Neeleswaram post office, Kottarakkara, Kollam District, Kerala
Alleged perpetrators:
1. Babu, Assistant Inspector, Kollam East police station
2. Five other police constables attached to the Kollam East police station
Date of the incident: 6 April 2005
Place of the incident: Kollam East police station, Kollam District, Kerala

Case Details:

Rajendran, a resident of Kollam District, Kerala was a businessman involved in selling floor cleaners. He would receive his orders over the phone and then deliver the products to the customers.

On 6 April 2005, Rajendran had an appointment with the management of Sankar hospital. At 11:30 a.m. when he arrived at the hospital gate, the security guard stopped him and refused him entry. The victim questioned the security guard but the guard stood his ground and instead handed him over to the police.

The ASI, Kollam east police station, took the victim into police custody and asked him to remove his clothes. Rajendran was then badly tortured by the ASI. Subsequently, five more police constables were called in and the victim was taken to a room in the police station referred to as the ‘museum’ consisting of various torture tools such as batons, spikes, iron rods etc. Rajendran was then further tortured using these tools.

By 2:45 p.m. the victim collapsed and was placed in the lock up. Rajendran died in his lock up at 7:00 p.m that evening. As soon as the police officers realised this, they took him to the District government hospital where he was declared dead. However, at about 12:00, later that night, the ASI went to the hospital and asked the authorities to change the timing of the victim’s admission in the hospital by an hour so that they could claim he was alive while being brought in.

It is also alleged that the police corrected the general diary entry at the police station to coincide with the time he was taken to the hospital. The diary entry now says that the victim was taken to the hospital for a general check-up at 6:00 p.m. since he showed symptoms of heart problems.

The police registered a false case against the victim on April 6, alleging that he stole a mobile phone from one of the patient’s at Sankar hospital. In order to validate their case it is alleged that the police obtained a patient’s signature from the same hospital by coercion.

When Rajendran’s relatives came to see his body at the hospital they observed that he was wearing a different set of clothes than his own. The police have refused to make the post mortem results available to the victim’s family.

No action has been taken against any of the perpetrators. This is yet another case of police torture in custody and shows the deteriorating law and order situation in India. We once again urge the Indian Government to ratify the Convention against Torture (CAT).

SUGGESTED ACTION:

Please send a letter to the Director General of Police, Kerela, urging him to immediately order an impartial investigation into this incident.

 

 

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

SAMPLE LETTER

Dear Mr Srivastava,

Re: Death of a man due to police torture in Kerela

Name of the victim: Rajendran, age 37 years
Address: Raj Nivas, Kodamkulam, Neeleswaram post office, Kottarakkara, Kollam District, Kerala
Alleged perpetrators:
1. Babu, Assistant Inspector, Kollam East police station
2. Five other police constables, Kollam East police station
Date of the incident: 6 April 2005
Place of the incident: Kollam East police station, Kollam District, Kerala

I am deeply concerned to hear of the torture and death of a man in Kollam District, Kerala.

Rajendran (37) was in the business of selling floor cleaners. On 6 April 2005 when he went to Sanker hospital to meet the management, he was denied entry at the gate, despite having made an appointment earlier, and was instead handed over to the police by the security guard.

The Assistant Sub-Inspector (ASI) attached to Kollam East police station took him into custody. Rajendran was asked to take off his clothes and then brutally tortured by the ASI. Sometime later, five more policemen were called in and the victim was taken to a room consisting of various torture tools where he was further abused and then thrown into the police lockup where he subsequently died.

The dead body was taken to the District Government hospital where Rajendran was declared dead on arrival. It is alleged that the police have changed the timings in their general diary entry to show that he was alive when taken to hospital. It is also alleged that the police have registered a false case against the victim and are not making the post mortem report available to his family.

In light of this, I request you to intervene in this case. Please order a thorough and impartial investigation so that the perpetrators of this heinous crime are duly punished. All those police officers responsible for the victim’s death should be immediately suspended from duty and arrested. The records kept at the Kollam Esat Police Station relating to the arrest and hospitalisation of the victim must be immediately seized and produced before the Kollam Magistrate Court to rule out any chances of distruction and tampering with the evidence. The victim’s family should be adequately compensated and the perpetrators should be made to pay the compensation.

Yours sincerely,


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SEND A LETTER TO:

Mr Raman Srivastava, IPS
Director General and Inspector General of Police
Kerela Police Head quarters, 
Vazhuthacaud, Trivandrum
Kerala
INDIA
Tel: 91-471-2721547
Fax: 91-471-2729434
Email: kp@kerelapolice.org 

SEND A COPY TO:

1. Mr.Oommen Chandy
Chief Minister
North Block, Secretariat,
Thiruvananthapuram, Kerala
INDIA
Tel: 91-471- 2333812/ 2333682 
Fax: 91-471-2333489 
Email: chiefminister@kerala.gov.in

2. Justice A.S.Anand
The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Tel: +91-11 23382742
Fax: +91-11 23384863
Email: covdnhrc@nic.inionhrc@nic.in

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

4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

 

Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-95-2005
Countries : India,
Issues : Torture,