I am writing to you to express our concern about the information received by the Asian Human Rights Commission (AHRC) that a group of private stage carriage operators in Thrissur district has formed an association named “Kanjani Theeradesa Meghala Bus Operators Union” and are engaged in collecting money from their members to pay off police officers under your command in Thrissur district.
I am informed that the actions of the stage carriage operators are aimed at organising a collective to gather money to pay off various officers within the state administration, police and road transport officers in particular, in order to prevent these officers from intervening in their businesses. I am also informed that the union is making a considerable effort to prevent any new stage carriages, even those with a valid permit, plying in select routes so that the existing members can monopolise the business.
In a recent incident alleged to have occurred on 8 April 2006 the Thrissur Traffic Sub-Inspector Mr. Vijayan was allegedly paid Rs. 5000 at his residence by the union to release a stage carriage, which he had taken into custody. It is also alleged that the same officer prompted other officers and his senior colleagues to accept bribes, in cash and kind, for favors and allow laws and regulations, particularly regarding traffic offenses to be breached.
In this context, I also wish to bring to your attention, concerns which you might have already come across from various citizens within your jurisdiction. Despite a few exceptions, it is disheartening to note that police officers ask for money and other forms of bribes from the public for everything.
It is publicly accepted as a matter of procedure to pay money to a police officer if a person needs to get a complaint registered at a police station. The ordinary person is equally aware that police officers accept bribes from both parties to a case, the complainant and the accused. These practices have resulted in the complete alienation of the police force, in the state, from the public, particularly the poor.
Custodial torture is common in all police stations and is resorted to by the police as the easiest way to conduct criminal investigation. Lack of numerous complaints in this regard is probably not an indication of less violence perpetrated by the police, but rather an indicator of the fear that has penetrated into society. This is also a reason why extraneous interference into policing in Kerala is difficult to control, particularly by politicians. The AHRC in the past few months had brought to your notice three brutal cases of custodial torture reported from Kerala. However, even as of today, the AHRC is not aware that any action has been initiated on these cases or whether any inquiry has been initiated into these complaints.
Instances of instant public justice, such as beating up burglers and settling disputes by employing thugs are common practice, indicating, on one hand, the poor quality of policing in the state, and on the other, the confidence the people have in their police.
Often responses from authorities, including those dealing with police and law and order, is to blame the existing legal procedures and lack of infrastructure for the police in the state. However, I feel that if situations need to be corrected, changes must start by the introduction of discipline into the force, the entertaining of complaints against police officers and the honest pursuit of such complaints.
In this context I request that you inquire into the alleged behaviour of Police Sub-Inspector Mr. Vijayan stationed at the Thrissur Traffic Police Station, regarding the regular acceptance of bribes from various sources; to initiate an impartial inquiry into the incident; and to punish the officer if the allegation is found to be true.
Sincerely
Bijo Francis
South Asia Desk
The Asian Human Rights Commission
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. 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)
E-mail: ssyed@ohchr.org ?lt;br />
3. Mr. M. N. Jayaprakash
Superintendent of Police
Civil Lane, Thrissur
Kerala State
INDIA
Fax: +91 487 2361000
