Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Nervazhi concerning another case of police brutality by officers stationed at Mathilakam Police Station, of Thrissur district in Kerala. According to the case report, the Sub Inspector of Police verbally abused and later brutally tortured Mr. Prashant, a human rights defender and reporter for a local news portal, at the police station. Prashant had went to the police station enquiring about his cousin, who was taken into custody by the police, since they could not find the actual suspect. People living within the jurisdiction of the police station allege that the Sub Inspector has made it a habit to search houses at the dead of the night and abuse women in the pretext of searching for suspects and investigating crimes. Prashant had to be admitted in hospital to treat his injuries.
CASE NARRATIVE:
An inquiry undertaken by Nervazhi reveals the following facts:
Mr. Prashant P. S, is a human rights defender and journalist. The Sub Inspector of Police Mr. Midhun, stationed at Mathilakam Police Station on 7 October 2012 at about 12 pm, came to Prashant’s aunt’s house looking for Mr. Vipin. Vipin is Prashant’s younger cousin. Since the police could not Vipin at home, they took into custody Vipin’s elder brother Mr. Deepak Raj into custody. At the time, Raj’s mother (younger sister of Prashant’s mother) asked the officer why they are taking Raj into custody. The officer shouted utter filth at Raj’s mother and ordered her to produce her son, Vipin, at the police station and that until then they would hold Raj in custody.
Prashant came to know about the incident on the same day evening, when he was preparing to attend a human rights meeting at Kodungaloor Rest House, in the neighboring town. Prashant immediately went to the police station to enquire why the police is searching for Vipin and why the police had taken Raj into custody. Prashant reached the police station at about 4.30 in the evening.
At the police station, Prashant met his aunt waiting at the police station. Prashant enquired with his aunt as to what had happened. Then Prashant went out of the station compound, recharged his mobile connection and returned to the police station. There, he found Sub Inspector Midhun in a police vehicle. Raj and his mother were standing beside the police vehicle.
As Prashant approached the police vehicle, the officer asked Prashant why he had come to the station. Prashant answered that he had come to enquire why his cousin was taken into custody and why the police is searching for Vipin. Hearing this, the officer shouted filth at Prashant and ordered him to get out of the police station compound. Prashant however said that he would not go, since it is his right to know why his brother was taken into custody and why the police is searching for his younger cousin.
Hearing this the officer screamed filth at Prashant and jumped out of the driving seat of the police vehicle. As he got out of the vehicle, the officer kicked Prashant on his chest. Prashant fell down on the ground. When Prashant tried to get up, the officer slapped Prashant on both sides. Then the officer tried to hit Prashant, which Prashant tried to prevent by holding the officer’s hand. The officer then shouted at Prashant how dare does he prevent the officer from assaulting him.
Then the officer forced Prashant to bend face down and started kicking Prashant on his back. At this time two police constables came out of the police station building and along with the officer dragged Prashant into the police station.
Inside the police station, the officer along with the constables threw Prashant on to a table. They forced Prashant lie down on the table and then the officer kicked Prashant in his groin. Then the officer forced Prashant to lie face down on the table and punched him on the back of his chest and behind his knee. The officer ordered the constables to throw Prashant into a lockup room.
The police constables forced Prashant to remove his shirt. Prashant refused to comply and asked the police officers why they are assaulting him and why they are detaining him. The constables shouted filth at Prashant and ordered him to enter the lockup room. Fearing of further torture, Prashant complied. The Sub Inspector then came near the lockup door and asked Prashant whether he is under the influence of alcohol. Prashant replied that he has not.
At about 5 pm, another police officer came near the lockup room and introduced as an officer from the State Police Special Branch. There was another police officer accompanying him. They asked for Prashant’s address and contact number, which Prashant provided. After a while, another police constable came near the lookup room and took away two mobile telephones that Prashant had. After a while another police constable came and checked whether Prashant has a tattoo mark on his hands and verified that he had none.
The police detained Prashant at the police station till about 8 pm. By the time many people arrived at the police station along with some journalists demanding to know why Prashant is detained at the station and why the police had assaulted him. Soon a police constable came near the lockup room and informed Prashant that they are letting him go. The constable asked Prashant to wear his shirt and took him to the Sub Inspector’s room. One of Prashant’s relative Mr. Shaju and Prashant’s brother, Mr. Prabeesh were present at the officer’s room. Then the officer mocked Prashant asking whether he wanted to end up in prison. The officer also informed that Prashant would be taken for a medical check up at the local health centre for examination and would be released.
Two police constables then took Prashant to Kuttilakadavu Government Hospital. At the hospital Prashant informed the duty doctor what had happened to him in police custody. Prashant do not know whether the doctor had recorded his injuries in the medical certificate or not. After the medical examination the constable returned Prashant to the police station. The police returned the two mobile telephones that they had taken from Prashant and released Prashant from custody on the same day night.
Once at home, Prashant found it difficult to urinate. Then he started feeling severe pain on his chest and lost sense of his legs. At about midnight Prashant’s family rushed Prashant to Kodungaloor Thaluk Hospital where Prashant obtained medical treatment and was later discharged.
ADDITIONAL INFORMATION:
The Indian Penal Code, 1860 prescribes punishment to wrongful confinement. Under Section 340 of the Code, illegal arrest and detention amounts to wrongful confinement. Section 341 prescribes simple imprisonment for a term that may extend to one month, or fine not more than Rupees 500 for illegal arrest and detention. The courts in India have decided that illegal arrest and detention should not be encouraged and must be investigated and punished. It is a common practice in India for investigating agencies to illegally detain persons, often close relatives, to force surrender of suspects. In the present case the Sub Inspector of Police not only illegally detained the immediate brother of the person they were searching for, but also the victim in this case.
Section 357 prescribes punishment for assault while attempting to wrongfully confine a person. The punishment prescribed is simple imprisonment for a period of one month and fine of Rupees two hundred.
Section 509 of the Code prescribes punishment for insulting the modesty of a woman. The punishment prescribed for the offense is simple imprisonment for a term not more than one year and fine.
India is yet to ratify the UN Convention against Torture. Neither is there a domestic legislation that criminalises torture. For the limited purpose to which the Penal Code could be used, the Code prescribes a disproportionate and low punishment for heinous a crime as torture in custody.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding an investigation into this case. An independent agency must investigate the case and a judicial magistrate should record the statements of the victim and that of the witnesses.
The AHRC is also writing a separate letter to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Situation of Human Rights Defenders calling for further intervention in this case.
To support this appeal, please click here:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Please investigate custodial torture of a human rights defender in Mathilakam Police Station in Kerala
Name of victims: Mr. Prashant P. S., son of Subrahmanian, residing at Puthamveetil house, Azhikodu post (near light house), Thrissur district, 680673, Kerala state
Names of alleged perpetrators:
1. Mr. Midhun, Sub Inspector of Police, Mathilakam Police Station, Mathilakam, Thrissur district, Kerala
2. Police constables stationed at Mathilakam police station that the victim would be able to identify
Date of incident: 7 October 2012
Place of incident: At Mathilakam Police Station
I am writing to express concern regarding yet another case of illegal detention and custodial violence committed against an innocent person by the state police. The details of the case are as follows:
Mr. Prashant P. S, is a human rights defender and journalist. The Sub Inspector of Police Mr. Midhun, stationed at Mathilakam Police Station on 7 October 2012 at about 12 pm, came to Prashant's aunt's house looking for Mr. Vipin. Vipin is Prashant's younger cousin. Since the police could not Vipin at home, they took into custody Vipin's elder brother Mr. Deepak Raj into custody. At the time, Raj's mother (younger sister of Prashant's mother) asked the officer why they are taking Raj into custody. The officer shouted utter filth at Raj's mother and ordered her to produce her son, Vipin, at the police station and that until then they would hold Raj in custody.
Prashant came to know about the incident on the same day evening, when he was preparing to attend a human rights meeting at Kodungaloor Rest House, in the neighboring town. Prashant immediately went to the police station to enquire why the police is searching for Vipin and why the police had taken Raj into custody. Prashant reached the police station at about 4.30 in the evening.
At the police station, Prashant met his aunt waiting at the police station. Prashant enquired with his aunt as to what had happened. Then Prashant went out of the station compound, recharged his mobile connection and returned to the police station. There, he found Sub Inspector Midhun in a police vehicle. Raj and his mother were standing beside the police vehicle.
As Prashant approached the police vehicle, the officer asked Prashant why he had come to the station. Prashant answered that he had come to enquire why his cousin was taken into custody and why the police is searching for Vipin. Hearing this, the officer shouted filth at Prashant and ordered him to get out of the police station compound. Prashant however said that he would not go, since it is his right to know why his brother was taken into custody and why the police is searching for his younger cousin.
Hearing this the officer screamed filth at Prashant and jumped out of the driving seat of the police vehicle. As he got out of the vehicle, the officer kicked Prashant on his chest. Prashant fell down on the ground. When Prashant tried to get up, the officer slapped Prashant on both sides. Then the officer tried to hit Prashant, which Prashant tried to prevent by holding the officer's hand. The officer then shouted at Prashant how dare does he prevent the officer from assaulting him.
Then the officer forced Prashant to bend face down and started kicking Prashant on his back. At this time two police constables came out of the police station building and along with the officer dragged Prashant into the police station.
Inside the police station, the officer along with the constables threw Prashant on to a table. They forced Prashant lie down on the table and then the officer kicked Prashant in his groin. Then the officer forced Prashant to lie face down on the table and punched him on the back of his chest and behind his knee. The officer ordered the constables to throw Prashant into a lockup room.
The police constables forced Prashant to remove his shirt. Prashant refused to comply and asked the police officers why they are assaulting him and why they are detaining him. The constables shouted filth at Prashant and ordered him to enter the lockup room. Fearing of further torture, Prashant complied. The Sub Inspector then came near the lockup door and asked Prashant whether he is under the influence of alcohol. Prashant replied that he has not.
At about 5 pm, another police officer came near the lockup room and introduced as an officer from the State Police Special Branch. There was another police officer accompanying him. They asked for Prashant's address and contact number, which Prashant provided. After a while, another police constable came near the lookup room and took away two mobile telephones that Prashant had. After a while another police constable came and checked whether Prashant has a tattoo mark on his hands and verified that he had none.
The police detained Prashant at the police station till about 8 pm. By the time many people arrived at the police station along with some journalists demanding to know why Prashant is detained at the station and why the police had assaulted him. Soon a police constable came near the lockup room and informed Prashant that they are letting him go. The constable asked Prashant to wear his shirt and took him to the Sub Inspector's room. One of Prashant's relative Mr. Shaju and Prashant's brother, Mr. Prabeesh were present at the officer's room. Then the officer mocked Prashant asking whether he wanted to end up in prison. The officer also informed that Prashant would be taken for a medical check up at the local health centre for examination and would be released.
Two police constables then took Prashant to Kuttilakadavu Government Hospital. At the hospital Prashant informed the duty doctor what had happened to him in police custody. Prashant do not know whether the doctor had recorded his injuries in the medical certificate or not. After the medical examination the constable returned Prashant to the police station. The police returned the two mobile telephones that they had taken from Prashant and released Prashant from custody on the same day night.
Once at home, Prashant found it difficult to urinate. Then he started feeling severe pain on his chest and lost sense of his legs. At about midnight Prashant's family rushed Prashant to Kodungaloor Thaluk Hospital where Prashant obtained medical treatment and was later discharged.
The Indian Penal Code, 1860 prescribes punishment to wrongful confinement. Under Section 340 of the Code, illegal arrest and detention amounts to wrongful confinement. Section 341 prescribes simple imprisonment for a term that may extend to one month, or fine not more than Rupees 500 for illegal arrest and detention. The courts in India have decided that illegal arrest and detention should not be encouraged and must be investigated and punished. It is a common practice in India for investigating agencies to illegally detain persons, often close relatives, to force surrender of suspects. In the present case the Sub Inspector of Police not only illegally detained the immediate brother of the person they were searching for, but also the victim in this case.
Section 357 prescribes punishment for assault while attempting to wrongfully confine a person. The punishment prescribed is simple imprisonment for a period of one month and fine of Rupees two hundred.
Section 509 of the Code prescribes punishment for insulting the modesty of a woman. The punishment prescribed for the offense is simple imprisonment for a term not more than one year and fine.
India is yet to ratify the UN Convention against Torture. Neither is there a domestic legislation that criminalises torture. For the limited purpose to which the Penal Code could be used, the Code prescribes a disproportionate and low punishment for heinous a crime as torture in custody.
I therefore demand that:
1. A Judicial Magistrate records the statements of the victim and the witnesses immediately;
2. The whole case is investigated and the investigation supervised by a judicial magistrate;
3. The state government take immediate action against the police officers, most importantly Sub Inspector Midhun, and that the officer is placed on suspension;
4. That the victim is paid an interim compensation by the government for physical and psychological hurt resulting from his torture at Mathilakam Police Station.
Yours sincerely,
_____________
PLEASE SEND YOUR LETTERS TO:
1. Mr. Oommen Chandy
Chief Minister
Government of Kerala
Room No. 141, Third Floor, North Block
Govt. Secretariat, Thiruvananthapuram - 695 001
INDIA
Fax: +91 471 2333489
E-mail: chiefminister@kerala.gov.in
2. Director General of Police
Government of Kerala
Police Head Quarters
Thiruvanandapuram, Kerala
INDIA
Fax: +91 471 2726560
3. P. M. Francis (IAS)
District Collector Thrissur
Government of Kerala
Civil Line, Ayyanthole
Thrissur, Kerala
INDIA
Email: tsrcoll@kerala.nic.in
4. District Superintendent of Police
Government of Kerala
Civil Lines, Ayyanthole
Thrissur, Kerala
INDIA
Email: sptsr@keralapolice.gov.in
5. Chairperson
Kerala State Human Rights Commission
Arka Nilayam
M.P Appan Road, Vazhuthakkadu
Thiruvanandapuram, Kerala
INDIA
Fax: 91 471 2337148
Thank you
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
