INDIA: Police officers allegedly conduct illegal search and arrest and torture innocent person 

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from a local partner regarding a man who was allegedly taken into custody by police officers and brutally tortured in Kerala, India. It is alleged that Jayakumar, a tailor by profession, was taken into custody when officers from Mannuthy police station conducted an illegal search in his house on 9 July 2006. He was released the next day after intervention by a local parliamentarian, but there has been no investigation of the police actions and Jayakumar remains fearful that he will be a target for reprisals later.

FACTS OF THE CASE IN JAYAKUMAR’S OWN WORDS:

I am staying at my aunt’s house at a place called Poonkunnam. I have a sewing machine at home and I stitch clothes for the villagers. On 9 July 2006 at about 3am, I heard the doorbell ringing. My aunt woke up and opened the door to find Sub-Inspector of Police Krishnan and two constables from Mannuthy police station at our door. The officer shouted “Where are you hiding Gopidas?” and barged into our house. My aunt at that time said that Gopidas [her son-in-law] was not staying with us anymore. The police officers did not listen to this, but searched the entire house.

My cousin Vinod was sleeping in a cot and the officer pulled him out from the cot and threw him on the ground and lifted the mattress as if he was looking for Gopidas. Finding that Gopidas was not at home, the officers came out from the house. During that time, I walked up towards the officers and informed them that Gopidas was not staying with us. Hearing this, the sub-inspector asked me who I was. I informed him, and immediately the officer shouted at me that, “If you are taken in, you can show where you are hiding Gopidas,” and kicked me. I cried aloud and informed the officer that we did not know where Gopidas was. The officer refused to listen and lifted my sewing machine and smashed it onto the ground. He then kicked and punched me several times and in the process pushed me towards the police jeep which was parked near our house.

I was pushed into the jeep through the rear door and was told to sit on the floor. The other two police officers got inside and held me down with their feet. The jeep soon started proceeding towards the town. While the vehicle was in motion the two police constables started punching me. I was punched all the way up till the vehicle reached the Town East Police Station. From there I was soon taken to the district hospital. It was about 4am by then. At the hospital the medical officer conducted a test to verify whether I had consumed alcohol. Once the test was over I was again brought back to the jeep and taken to the Mannuthy police station. We reached the station at about 4.30am

I was thrown into the police lock-up. It was full of bits and pieces of wood and containers filled with spirits. The spirits were leaking from the containers and I was afraid whether they would catch fire and I would be burned alive in the police cell. My body was paining severely and I could not hold back my tears.

At about 7.30am, a police constable removed me from the lock-up and asked me whether I would like to go to the jail or home. I cried and asked the officer to let me go home. He told me to sign in some blank papers and I signed. I was told to wait on a bench outside the police station, on the veranda.

Soon my relative Chandran arrived at the police station. He inquired why I was kept at the station. He was informed that a case would be opened against me and that I would be produced at the court soon. Chandran was told to leave the station and he left.

My relatives contacted the Revenue Minister through the local elected member to the legislative assembly [MLA] Rajaji Mathew. Soon the MLA arrived at the police station. He met me and understood my situation. He asked the sub-inspector why I was detained and tortured, for which the officer was not able to provide any reply. I was soon released and sent along with two police constables in a three-wheeler to the Thrissur District Hospital. I reached the hospital by about 1pm. My body was full of cuts and bruises. My eyes were black from being punched by the police officers and I was finding it difficult to walk. However, the medical officer on duty refused to treat me. I pleaded with the doctor to give me at least the minimum treatment and not to send me off without been provided any medical treatment. Despite my plea, the doctor refused to treat me. The police officers in the meanwhile left. I had no other option other than to return home.

Gopidas, the son-in-law of my aunt, is staying at a place called Madakathara. There is a complaint against Gopidas at the police station in connection with some crime. That is why the police came looking for Gopidas.

This is not the first time that the police officers have taken members of my family into custody after raiding our house. On July 5 six police came in similar fashion and took my cousin Vinod. During this time also they came under the cover of darkness, at about 1.30am. Vinod was later released on a bond the next day.

I am willing to lodge complaints wherever required. However, I cannot go to the police station anymore since I am scared of these officers. I inquired with my friends whether it would be any benefit if I complained with some superior officers. However, I was informed that the superior officers are also of a similar nature and that they would not do anything upon my complaint. I was also threatened by the police officers while I was at the police station that if I ever dared to complain to anyone regarding the incident then they would use the papers which I signed to register false cases against me.

ADDITIONAL COMMENTS:

The police in this instance flagrantly violated India’s Code of Criminal Procedure. Under section 47 a police officer must inform the occupants of the premises about who the officer is looking for and under what authority. Section 49 requires the officer not to use unnecessary restraint while taking a person into custody. Section 50 requires the officer to inform the person taken into custody the reason why the person is taken into custody.

Additionally, no law enforcement officer in India is allowed to torture any detainees. However, custodial torture is not yet a crime in India. The AHRC and many other groups have repeatedly called for the government of India to join the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and introduce it into domestic law. However, to date it has shown no intention of doing this. As a result, torture can only be challenged in a court by applying the provisions of the Indian Penal Code, where causing bodily injury upon a person is a crime. However, the prosecution of such a case can only be successful if there is an impartial investigation. But an investigation can only be done by local police, as there are no other agencies to do this. So where the local police are the perpetrators, there is no chance of impartial investigation.

In this case, if the doctor had treated Jayakumar instead of refusing him then he could have obtained a medical certificate to use as evidence. The refusal of the doctor to examine him has ruled out the possibility that he can produce independent and expert evidence in a court.

The police in Kerala, as in many other parts of India, target the poor and enjoy impunity in abusing them. This is not because the poor are unaware of their rights but because there are simply no functioning remedies available in India that the poor can access. Although the constitutional courts uphold fundamental rights and other domestic laws in an attempt to ensure the rule of law, in fact the day-to-day management of the law is in the hands of local police and other agencies. Meanwhile, India’s courts are overloaded with cases and complainants must wait years to be heard. And the Legal Aid Committees set up at courts function poorly since they are viewed more as an opportunity for inexperienced lawyers to gain experience at the expense of poor clients than to do a good job.

SUGGESTED ACTION:

Please write to the authorities mentioned below, in particular to Mr. M. N. Jayaprakash, the superintendent of police of Thrissur District, seeking an immediate and proper investigation into this incident. Please also send a copy of your letter to the other authorities named below.

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