INDIA: Custodial death of a 28-year-old man in Kerala, India 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of a 28-year-old man, Mr. Udayakumar, who was severely beaten by policemen who arrested him at a park in Sreekanteswaram, Kerala, India on 27 September 2005.

It was learned that Mr. Udayakumar was arrested together with his companion, Mr. Mani, because of their suspicious movements at the park. The police then took them to the Fort police station in Thiruvanandapuram. Mr. Udayakumar was severely beaten after he and Mr. Mani could not properly explain to the police where they had got Rs. 4000 (USD 88), which was in their possession.

Although three of the alleged perpetrators, identified as Mr. Jitu Kumar, Mr. Sreekumar and Mr. Soma have been suspended from their duty, no sanctions have been taken so far against their senior police officers regarding this matter. Furthermore, although the State Human Rights Commission in Kerala has registered a complaint of custodial death and has called for a report from the City Police Commissioner of Thiruvananthapuram, the case has shown little progress.

We request your intervention to pressure the concerned government agencies in Kerala to take appropriate action on Mr. Udayakumar’s case. The Indian government must adhere to the provisions of Part III, Article 6 (1) of the International Covenant on Civil and Political Rights (ICCPR) of which it is state party.

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

Name of the victim: Mr. Udayakumar (28), a resident of Kezharanoor, Nedumcaud, Thirvanandapuram District, Kerala, India
Date and place of incident: 27 September 2005 Fort police station, Thiruvanandapuram, Kerala state, India
Alleged perpetrators:
1. Mr. Jitu Kumar
2. Mr. Sreekumar
3. Mr. Soman
All of them are attached to the Fort police station working with the Kerala State Police

Details of the case:

On 27 September 2005, at about 3:30 p.m. Mr. Udayakumar was picked up along with another person, Mr. Mani by the Thiruvanandapuram Fort Police from the Sreekanteswaram Park. They were picked up due to their alleged suspicious movements while at the park. The police searched their bodies and found a sum of Rs. 4000 (USD 88) in their possession. When the policemen asked them where the money had come from, Mr. Udayakumar and Mr. Mani gave conflicting reports regarding this.

The two men were then taken to the Fort police station, Thiruvanandapuram. It was reported that Udayakumar was severely beaten while in police custody and at around 10.30 p.m. had to be rushed to the Thiruvanandapuram General Hospital. The doctors found that his pulse was weak and therefore he was referred to the Medical College Hospital, Thiruvanandapuram. The doctors at the casualty wing of the Medical College Hospital pronounced him dead on arrival.

On September 28, the cadaver of Mr. Udayakumar underwent a post mortem examination at the Medical College Hospital. The Revenue Divisional Officer did the inquest on the body while a team of doctors performed the post mortem and had it video graphed.

After the incident was reported, the City Police Commissioner, Mr. Manoj Abraham suspended two police constables, Mr. Jithu Kumar and Mr. Sreekumar of Fort police station after a preliminary inquiry. Another police constable, Mr. Soman, was also suspended following the statements of the former two being recorded at the Vanchiyoor Magistrate Court. The three police constables surrendered to the said court and were placed in remand. The Special Investigation Team is in the process of questioning them.

Judicial First Class Magistrate Court II, Mr. N. Ravishankar remanded the police officers for 14 days. A special team headed by the Deputy Superintend of Police was constituted by the Commissioner to inquire into the death of Mr. Udayakumar while in the custody of the Fort police.

The State Human Rights Commission has registered a complaint of custodial death and has called for a report from the City Police Commissioner of Thiruvananthapuram. Commission Chairman, Mr. V. P. Mohankumar said the commission had taken suo motu action and asked the police commissioner to give a report on the death of Mr. Udayakumar. A notice was issued to the commissioner on September 28 who was asked to report by October 10.

A local non-government organization and an uncle of Mr. Udaykumar had petitioned the commission to investigate the death allegedly caused by police brutality. The case has attracted significant media attention and the condemnation of the political parties in the state.

Despite these actions however, no concrete justice has been brought to this case.

In more recent developments, it has been learned that the City Police Commissioner has suspended three police personnel due to their misconduct. Circle Inspector Tambi S. Durgadath, Additional Sub Inspector P. Vijayan and Police Constable Gopakumar were all suspended by the City Police Commissioner after they placed an alternative officer before the media, instead of the real suspects. The three police persons conduct shows that they were trying to protect the real suspects from the public scrutiny that this case has attracted, by presenting another person not related to the case to the media. Evidently, the police are going out of their way to assist the accused, which reinforces the need for full impartiality in the investigations of this case.

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