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UPDATE (India): The family of the victim who died under police custody suffers from police inaction

March 12, 2004

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 12 March 2004

[RE: UA-26-2004: INDIA: Custodial torture and death of Mr. Hafeel by the police at the Perumbadappu Police Station in Kerala on 4 March 2004]

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UP-12-2004: INDIA: The family of the victim who died under police custody suffers from police inaction

INDIA: Torture; Custodial Death; Police inaction
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Dear Friends

The Asian Human Rights Commission (AHRC) is concerned with the police inaction regarding the custodial death of Mr. Hafeel at the Perumbadappu Police Station in Malappuram District, Kerala State. On 24 February 2004, Mr. Hafeel (24) was arbitrarily arrested by officers from the Perumbadappu Police Station and thereafter tortured to death within two hours of his arrest. (To see our previous urgent appeal regarding this case, please go to: http://www.ahrchk.net/ua/mainfile.php/2004/631/)

However, according to the information we have received, the Perumbadappu Police has registered a crime against the deceased Mr. Hafeel under Section 151(quarrel was in public place) and 51(a) (drinking in public place) of the Kerala Police Act. The police also claimed that the victim, who is a Muslim, died due to severe injuries that he received during the fight with several Hindus at a festival site, not because of police torture.

The victim's family fears that the police will hush up the case by fabricating false charges on the deceased Mr. Hafeel and the perpetrators will not be punished by law. AHRC calls on you to send a letter to the local authorities requesting a speedy and impartial investigation, bringing the perpetrators to justice as soon as possible. Additional names of the persons who responsible for the case are provided in the updated information below.

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

Name of the victim: Mr. Hafeel, 24, son of Veliyankodu Mukriyath Mammu Musliar, an autorikshaw (small three wheeler) driver
Address of the victim: 10th Ward of Veliyamkode Panchayat in Thrissur District, Kerala State
Alleged perpetrators:
1. Sub Inspector of the Perumbadappu Police Station, the main perpetrator who tortured the victim to death.
2. Mr. Mahesh Kumar, Circle Inspector of Police at the Ponnani Police Station. He was in charge of the police team who arrested the victim.
3. Mr. Sreenivasan, Assistant Sub Inspector of the Ponanni Police Station
4. Mr. Aziz, Police Constable 2563 of the Perumbadappu Police Station
5. Mr. Justin, Police Constable of the Perumbadappu Police Station
6. Mr. Vijayan, Police Constable 2108 of the Perumbadappu Police Station.
Date of incident: 24 February 2004
Place of incident: Perumbadappu Police Station, Malappuram District, Kerala State

At about 3:00 pm of 26 February 2004, the local festival at the Vattekad Bhagavathi Temple began. During the festival, the nearby residents irrespective of cast or community take part in the festival and under the leadership of the various committees, there are Poorams (processions) from different localities. On the way to the temple, there is a mosque. Last year when a Pooram was passing in front of the mosque, some members from the mosque quarreled with the festival participants asking them not to play the trumpet. Subsequently the police interfered in the matter and dispersed the participants. This year, a large number of police personnel were placed in various areas in order to avoid such problems. The Perumbadappu Police Station dispatched 29 police officers for this purpose, and the Police from the Kalpakemchery Police Station and Malappuram Armed Reserve Camp had also been deployed in different places.

At about 5:45 pm of 24 February, fighting occurred, and the police party led by the Sub Inspector of Perumbadappu Police Station arrived at the scene and rounded up several persons who were involved in the fighting as well as many onlookers. Mr. Hafeel, who was passing by the scene, was also arrested. Then Mr. Hafeel was brought to the Perumbadappu Police Station where he was tortured severely. Due to his severe injuries caused by this torture, the police took Mr. Hafeel to the nearest Government Health Centre at Vadakkekad. As the centre has inadequate facilities, the police took Mr. Hafeel to Kunnamkulam Government Hospital. On the way to the hospital, Mr. Hafeel died. It was about 7:00 pm.

However, according to the police account, the victim (a Muslim) had already been injured severely during the quarrel with Hindus regarding the playing of the trumpet before the arrest, and he died due to these injuries. The Perumbadappu Police registered a crime (Crime 30/2004) against the deceased Mr. Hafeel under Section 151(quarreling in public place) and 51(a) (drinking in public place) of the Kerala Police Act. The complainant is the Assistant Sub Inspector of Perumbadappu Police Station. But no reliable evidence has been collected on these charges. Earlier Mr. Hafeel was an activist of the Peoples' Democratic Party and later he got associated with the Muslim League. The Perumbadappu Police Station has insisted the victim was a criminal but no record exists to prove this.

After hearing of the victim's death in police custody, many people gathered at the Kunnamkulam Government Hospital, where the postmortem of the victim was conducted. They strongly protested to the police about the case. The Kunnamkulam Police has registered a case (Crime 142/2004) against Mr. Karim and Mr. Subhaid, who participated in the demonstration, under Section 143, 147, 148, 323, 452, and 506(2) read with 149 Indian Penal Code. This complaint was made by Police Constable 2104, Mr. Vijan of the Kunnamkulam Police Station.

Perumbadappu Police Station is under the jurisdiction of the Circle Inspector of Ponnani Police Station, Mr. Mahesh Kumar. Currently four police constables from the Armed Reserve Camp Malappuram had been suspended from the service related to this case. The state crime branch took this case for investigation and Crime Branch Deputy Inspector General, Mr. Rajesh Diwan is in charge of the investigation. However, the victim's family and human rights activist expressed their doubts about any fair and independent investigation occurring regarding this case because the investigators themselves are police. The human rights organizations in India have urged the government of India to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station for a long time.

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
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. 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

6. 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

Sample letter:

Dear

Re: The family of the victim who died under police custody suffers from police inaction

I am writing to bring to your attention the custodial death of Mr. Hafeel on 24 February 2004. He was arbitrarily arrested and tortured to death by the police at the Perumbadappu Police Station within two hours of his arrest.

However, according to the police account, the victim (a Muslim) had already been injured severely during the quarrel with Hindus regarding the playing of the trumpet before the arrest, and he died due to these injuries. The Perumbadappu Police registered a crime (Crime 30/2004) against the deceased Mr. Hafeel under Section 151(quarreling in public place) and 51(a) (drinking in public place) of the Kerala Police Act. But no reliable evidence has been collected on these charges. Now, Cime Branch Deputy Inspector General, Mr. Rajesh Diwan is in charge of the investigation. The victim's family and human rights activist expressed their doubts about any fair and independent investigation occurring regarding this case because the investigators themselves are police.

Therefore, I request you to order an impartial inquiry into the incident conducted by an independent institute, not by the police. The Sub Inspector of the Police of Perumbadappu Police Station and other perpetrators should be suspended from service while the investigation is going on. I also request the Kerala State Government to compensate the victim's family according to international standards. I further urge the government of India to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station. The government of India must ratify the Convention against Torture (CAT) and 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 Update
Document ID :
UP-12-2004
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.