INDIA: A suspicious death of a man whilst in the Thrissur Town West police custody in Kerala

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the custodial death of a man named Mr. Shibu at the Thrissur Town West Police Station in Kerala, India on 12 October 2004. Mr. Shibu was found dead in the toilet of the police station after he was arrested and detained at the Thrissur Town West Police Station on the charges of possessing cannabis on 11 October 2004.  

The police have claimed that the victim had committed suicide out of shame and have not launched any investigation into this case. However, the victim’s family said that when they saw the victim’s body, it was covered in cuts, bruises and blood. Cuts and bruises to the head, ear, chest and abdomen, together with blood clots on many parts of the victim’s body, provide strong evidence that Mr. Shibu, who had been healthy and in good condition before his arrest, was beaten and tortured whilst in police custody.  Though a post-mortem was carried out on Mr. Shibu’s body, it was done so by a police surgeon and the impartiality of the surgeon’s findings, therefore, is highly questionable. 

Your urgent action is required to urge the local authorities to conduct an immediate and thorough investigation of this case and conduct an independent post-mortem by a qualified doctor without delay.  

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

Name of the victim: Mr. Shibu, 30 years old, son of Madhavan, a driver, resides in Karuvachadu House, Aruvilamchal P.O., Kunthipara, Idukki District, Kerala, India
Alleged perpetrators: 1. Circle Inspector Krishnankutty Pillai of the Thrissur Police Station, 2) Officers attached to the Thrissur Police Station 
Date of the incident: 11-12 October 2004
Place of the incident: Thrissur Town West Police Station

Account of the incident:

Mr. Shibu and two other men (Shaji, 30 years and Sasi, 43 years) were arrested near the Viyyur Church by a police patrol party led by the Circle Inspector N. Krishnankutty Pillai at 2:30pm on 11 October 2004. The police claim that they arrested Mr. Shibun and the other two men as they had information that they were involved in the drug trafficking. The police also claim that they seized 3 kilograms of cannabis at the time of the arrest. This claim has however, not been substantiated.  The family reported that Mr. Shibu had no criminal record and had been in a good condition before his arrest.   

Following this, the police took Mr. Shibu and the two men to the Thrissur Town West Police Station. On the early in the morning of 12 October 2004, Mr. Shibu was found dead in the toilet at the police station.  His body was positioned in a water tub, suggesting that Mr Shibu may have committed suicide.  Mr. Shibu’s body however, was covered in cuts and bruises, indicating that he had been brutally tortured prior to his death.  There were bloody clots of many parts of his body.  There were also many cuts and bruises to his head, ear, chest and abdomen.  

The police have maintained that Mr. Shibu was restless after his arrest and he committed suicide out of shame. However, the circumstances surrounding the victim’s death are questionable. First, Mr. Shibu was allowed to take a bath in the toilet that was exclusively used by the staff of the police station, despite there being separate toilet rooms for detainees.  Second, Mr. Shibu was also taken to the staff toilet room by women constables, which is an unusual practice. Third, the police, without any provocation, broke open the door of the toilet room whereupon Mr. Shibu’s body was soon after removed, his body appearing to show no sign of life.  The police immediately took Mr. Shibu to a nearby private hospital, where a doctor declared Mr. Shibu dead.

A post-mortem was carried out on Mr. Shibu’s body, though this was done so by a police surgeon. The report has yet to be released.  There was wide protest from many within Mr. Shibu’s community and human rights defenders that an autopsy by a police surgeon in a case indicating custodial death where senior police officers are implicated, is contradictory to the impartiality and independence required in a situation such as this.  Due to these circumstances, Mr Shibu’s family is strongly demanding an impartial post-mortem by independent and qualified doctors. 

The circumstances surrounding Mr Shibu’s death strongly indicate that he died due to the brutal torture committed by police officers at the Thrissur Town West Police Station.  The AHRC calls for an immediate and impartial investigation into this matter, including the questioning of those police officers involved in this case, and a second independent post-mortem to be carried out on Mr Shibu’s body. The post-mortem report should be accessible to the public, including the victim’s family.

     
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