MALDIVES/INDIA: Torture, harassment, humiliation and inhuman treatment of Tamil prisoners in Maldives jail 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from People’s Watch – Tamil Nadu, a human rights organistion in Tamil Nadu, India, regarding Tamil prisoners languishing in jails in the Maldives who have allegedly been brutally assaulted, harassed, humiliated, ill-treated and tortured by the jail authorities there. Specifically the information refers to one Tamil man, namely Mahesh Vincent who has been accused of stealing leather goods, but also details the general conditions for other Tamil detainees facing charges. A joint petition reportedly sent by eight south Indian prisoners along with Mahesh in Male to the Chief Minister of Tamil Nadu last year reveals some shocking stories. “Four Tamil prisoners from India have been beaten to death by the prison authorities in Male since 2001. Still worse the officials were able to obtain false certificates from some of the Indian doctors themselves to prove that the deceased had committed suicide. The doctors have been threatened by the local authorities and they are forced to produce false certificates as to the cause of death of these four prisoners. The officials in the Indian High Commission in Male do not provide any assistance needed to the poor South Indian labourers, whose conditions are pathetic in jail”.

In light of this we ask that you please write immediately to the relevant authorities requesting their urgent intervention in this matter. The Government of India must directly communicate with senior government authorities in the Maldives to question the exact charges these prisoners are facing. The relevant authorities in the Maldives must also immediately investigate the detention of these prisoners and the conditions they have faced while in jail. If it is found that jail authorities have violated their duties and committed crimes against prisoners, then full legal action must be taken. If the charges against the Tamil detainees carry insufficient evidence, then they must be released from jail and allowed to return to India without delay. A full investigation should also be conducted into the behaviour of all jail authorities in the Maldives, as this matter suggests that violations of human rights may be a common occurrence within the jail system.

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

Case Details:

Mr. G. K. Sathyanesan, residing at “Sathyaham”, 7-97 Church Road, Muttom (post), Kanyakumari district, Southern Tamil Nadu, sent his son Mahesh Vincent (33) to the Maldives in October 2001, with the hope of getting relieved from his heavy debts. Mahesh Vincent went to Male to work as an accountant under Mr. Ahmed Ibrahim Didi, Campus Shop, Majeedhee Magu in a leather goods showroom. He came to India for holidays in February and September 2002 and he was supposed to return again in April 2003 for his usual holidays. However, Mahesh never arrived.

Mr. Sathayanesan was anxious to know the whereabouts of his son so he began enquiring. Only after three months did he learn that his son had been falsely implicated in a theft case and had been languishing in jail since 23 April 2003. Mahesh was arrested on April 23 for having allegedly stolen leather goods, and later another case was lodged against him for having allegedly committed the same crime. He was taken to an investigation cell on April 29 and later to Mapusi jail on May 25.

Grief stricken, Mr. Sathyanesan sent a petition to the President of India, Dr. A. P. J.  Abdul Kalam on 27 January 2004, seeking his immediate intervention in securing the release of his son. His petition was immediately forwarded to the Ministry of External Affairs, New Delhi. The Ministry sent a communication to the High Commission of India in the Maldives on 11 February 2004, asking them to look into the matter of Mahesh Vincent. The Indian High Commission in Male sent a reply to the Ministry on 25 February 2004, stating:  “Shri Mahesh Vincent was arrested by the local authorities on May 25, 2003 in connection with a theft case. His case is still pending in the court. No formal jail sentence has yet been awarded to him. Since the case is subjudice, the matter of his release/pardon can be taken up with the authorities only after its disposal by the court. The aforesaid person, however, was interviewed by the consular team from the Mission on January 21, 2004. During the meeting it transpired that he is keeping good health.”

Through People’s Watch – Tamil Nadu, the AHRC has come to know that there are many more undertrial Tamil prisoners languishing in Male prisons. They are being subjected to untold suffering in the prisons. The forms of abuse adopted by prison authorities in Male against prisoners include brutal assault, blindfolding them with Glycerine soaked clothes, making them bend for long hours, frightening them with sudden bursts of teargas shells, forcing them to remove their moustache or tonsure from their heads, frightening them with sudden gunshots, not providing them water, food or medical facilities, and forcing them to sign papers written in a language not known to them. Tamil prisoners with their hands bound behind their backs are dragged to the main grounds and beaten.  Mahesh has mentioned that his eyes are blurred and that he has lost all hearing in his right ear due to the continuous severe beatings and ill-treatment by prison officials he has received.

Mahesh has also mentioned that “one Richard from China has been in jail for more than 13 years but no trial has been conducted so far and rumours are going around that the prison authorities are planning to finish him off soon by giving him poison and there are many more foreigners (non-Muslims) like him languishing in jail for more than 10 years”.

A joint petition reportedly sent by eight south Indian prisoners along with Mahesh, in Male to the Chief Minister of Tamil Nadu last year reveals more shocking stories. “Four Tamil prisoners from India have been beaten to death by the prison authorities in Male since 2001. Still worse the officials were able to obtain false certificates from some of the Indian doctors themselves to prove that the deceased had committed suicide. The doctors have been threatened by the local authorities and they are forced to produce false certificates as to the cause of death of these four prisoners. The officials in the Indian High Commission in Male do not provide any assistance needed to the poor South Indian labourers, whose conditions are pathetic in jail”.

The above mentioned details clearly indicate that there are more innocent South Indian prisoners (particularly Tamils) in Male subjected to cruel and inhuman treatment by the prison authorities in Male. The joint petition detailed specifically eight petitioners to the Chief Minister of Tamil Nadu. They were: S. Thiyagarajan (Passport No: V.758838, formerly of Sivagangai Districti – 623 557, implicated in a murder case and in jail since 20 January 2002); M. Jeyaraj (Passport No: B 1885634, formerly of Virdhunagar Disctrict – 627 713, implicated in a murder case and in jail since 20 January 2002); S. Rajan (Passport No: B. 1341926, formerly of Kanyakumari District, booked in a rape and murder case and in jail since 9 August 2002); K. Kamalahaasan (Passport No: B. 5949539, formerly of Nagapattinam Disctrict – 609115, booked in a rape and murder case and in jail since 9 August 2002); A. Poyini Venkatesh (Passport No: E. 3451794, formerly of Andhra Pradesh, implicated in a theft case and in jail since 25 June 2003); K. Marimuthu (Passport No: A. 6768101, formerly of Ramanathapuram Disctrict, invalid visa and in jail since 20 September 2003); M. Rajendran (Passport No: K. 112061, formerly of Kanyakumari District; invalid visa and in jail since 20 September 2003); T. Sedhu Rjana (Passport No: B. 3667356, formerly of Ramanathapuram District, formerly of Ramanathapuram District – 623704, implicated in a murder case and in jail since 4 November 2003). All the above named persons are being detained in the same jail.

The content of the petition highlights the ruthless approach and attitude of the prison authorities in Male towards non-Muslim foreign prisoners, especially Tamils from India. The methods of torture and other ill-treatment adopted by prison authorities clearly contravenes various provisions of the Universal Declaration of Human Rights (Articles 3, 5, 7, 9, 11 and 13), the International Covenant on Civil and Political Rights (Articles 6, 7, 9 and 14), the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Articles 2, 4, 11 and 12) and several provisions of the Standard Minimum Rules for the Treatment of Prisoners. The Code of the Conduct for Law Enforcement Officials adopted by the U.N. General Assembly in 1979 categorically states: “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons” (Article 2); “No law enforcement official may inflict, instigate or tolerate an act of torture or other cruel, inhuman or degrading treatment or punishment (Article 5)”.

A memorandum was sent to all Members of Parliament in Tamil Nadu on 23 February 2005, explaining to them the critical situation of the above-mentioned undertrial prisoners and the inhuman treatment meted out to them at the hands of prison officials in Male. It also sought there immediate intervention in this regard.

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