INDIA: A person arrested and tortured at midnight for a petty offense

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Neervazhi, a local human rights organisation based in Thrissur, Kerala regarding the case of Mr. Musammil who was arrested and tortured by the police officers stationed at Vadakkekad Police Station, in Thrissur district of Kerala state. It is alleged that Musammil was arrested and detained at the police station overnight, where he was tortured and inhumanly treated for a petty offense.

CASE DETAILS:

Mr. Musammil is a resident of Punnayurkulam village in Thrissur district of Kerala state. Musammil is an electrician. On September 15, 2007 at about 2.30hrs while Musammil was sleeping in his house police officers from Vadakkekad police station came to Musammil’s house. The officers called out for Musammil and Musammil along with his brother opened the door and came out. The Sub Inspector of Police Mr. Balakrishnan asked Musammil to identify himself. Once the officer ascertained the identity of Musammil, he caught Musammil by his hand and asked him to come to the police station.

Musammil asked why he had to come to the station for which the officer informed Musammil that there was an arrest warrant pending against him for not wearing a helmet while riding a motorcycle. Musammil informed the officer that he could come the next day morning to the police station and pay the fine. The officer objected and pulled Musammil away from his house and handed him over to other police constables who were also present inside the compound. The police constables pushed Musammil into the police vehicle.

Once Musammil was inside the police vehicle, the officers assaulted him by slapping Musammil on his face. The Sub Inspector punched Musammil on his chest asking him the whereabouts of his brother. Musammil said he did not know much about his brother’s activities but for the fact that his brother was employed abroad for a while and that now he has returned. To this the Sub Inspector answered that it was their luck that they got Musammil to question regarding his brother.

Once at the station the officers stripped Musammil naked. Musammil pleaded with the officers not to do so, but the officers refused. Later one officer gave Musammil a piece of paper asking him to cover his genitals. Finding it difficult, Musammil pleaded to the officers for his dress. The officers later returned Musammil his pants, which he was allowed to wear. In the meanwhile the Sub Inspector and the police constables assaulted Musammil with a baton and kicked him asking for further information regarding the whereabouts of his brother. Musammil pleaded ignorance. Later in the morning Musammil was produced before the Kunnumkulam Magistrate’s Court. In the court Musammil pleaded guilty and was asked to pay 100 rupees fine [3 USD]. Meanwhile Musammil was about to collapse in the dock inside the court.

The presiding Magistrate asked what had happened to him. Musammil informed the Magistrate how the police arrested him and what had happened to him after the arrest and how the police officers tortured him and ill-treated him. The Magistrate recorded Musammil’s statement while Musammil was asked to sit in a chair inside the court provided for the lawyers. The Magistrate agreed that he would take appropriate actions against the police officers. However, no actions have been taken against the police officers thus far. Musammil was later taken to Chavakkad hospital [his photo] where he received treatment for his injuries.

ADDITIONAL INFORMATION:

The Government of Kerala has a declared policy of non-tolerance to custodial violence. This is however limited in government documents and public addresses made by ministers and other government officers including the senior officers within the police department. Even in cases that were reported directly to the higher police officers and the Home Minister, there were no actions against the police officers. The police officers also exploit the absence of any witness or victim protection programme and force a compromise in cases where there is enough evidence against police officers. In the recent past the High Court of Kerala has observed that there is an alarming increase of atrocities committed by the local police against innocent persons and has asked the state administration to immediately control this abuse of authority and breach of law. The state administration, though have agreed to take action against erring officers, is yet to take any affirmative action to control the illegal activities of the police officers.

SUGGESTED ACTION:
Please send letters to the relevant authorities listed below, particularly to the Chief Justice of Kerala High Court, requesting to intervene in this case. Appropriate actions must be initiated against the police officers who tortured Musammil while in custody. The AHRC is also writing to the United Nations Special Rapporteur on the Question of Torture calling for an intervention in this case.

To support this case, please click here: SEND APPEAL LETTER