Dear friends
Name of the victim: Mr. M. V. Babu (37 years old)
Address of the victim: s/o Velayudhan, Mambully Parambil house, Alagappa Nagar P.O, Kallur Village, Mukundapuram Thaluk, Thrissur, Kerala State, India.
Perpetrators: Constable Mr. Chandrasekaran and two other police officers from the Pudukkad Police Station in Kerala State
DETAILED INFORMATION:
On 14 August 2003 police conducted a raid for illicit liquor very close to a Mr. Babu¡¦s house. Mr. Babu, the victim, and his wife Sarasu live on three cents of land and in an incomplete house, allotted by the Panchayath (local self-government). During the raid the vendor and the customers ran away and police got hold of a person with speaking difficulty (stammering), who mentioned a name that the police took as “Babu.” (“Babu” is a common name in Kerala). Later the police came to Babu¡¦s house and ordered the family members to bring him to the police station under the threat of dire consequences. The next day the police came to Babu’s house and threatened his family. However, Babu did not go to the station, and the police did not act until 30 August 2003.
On 30 August at 2:50am, three policemen from the Pudukkad police station, led by police constable Mr.Chandrasekaran, came to Babu¡¦s house, rushed in and dragged Babu into a police jeep and took him to the station. They said there was a warrant against Babu in an old case.
By late evening Sarasu, accompanied by one of their relatives Mr. Nanu, and a local politician named Mr. Jaison, went to the police station. Babu was in lockup, wearing only his undergarment, and was shivering on the floor so much that he could not stand up. Sarasu asked Babu whether police beat him up and he nodded his head in affirmative. Nanu fetched food for Babu but he only ate a little because of the pain. The police later forced him to stand up, even though he was in so much pain.
Sarasu demanded bail for Babu, but the police refused and said they would have to apply for bail through the court. The police also told them to hire a car if Sarasu wanted Babu to be able to go to court. So the next day Sarasu hired a taxi and took Babu, along with a policeman, to Irinajalakuda magistrate court (at her expense). The magistrate was on leave, so they had to go further to the Chalakudy magistrate court. Only in court did they find that the charge against Babu was related to the police raid conducted on 14 August 2003. Their bail was rejected none the less. Babu was remanded for 14 days, and then taken to Sub-Jail, Irinjalakuda in spite of his frailing health.
On 1 September, Sarasu went to visit Babu in jail, where he needed support in order to stand up. Police asked Sarasu whether Babu had bad health, to which she told them he was healthy before being taken into custody. Officials did not allow Sarasu to speak to Babu. The next day Sarasu returned to the jail, and enquired through their advocate as to why he was admitted to the Government Hospital, Chalakudy. Sarasu went back home to inform relatives and to take somebody to the hospital for help. While she was at the bus stop, a neighbor informed her that police were waiting at their house, and that Babu was in the hospital. Though Sarasu wanted to rush to the hospital, she was ordered to go to the Pudukkad Police Station if she wanted to see her husband in the hospital. Sasasu had no options other than to go to the police station, where she was forced to sign some documents without knowing their contents. Then she rushed to the hospital, where she found Babu¡¦s body in the mortuary, with his eyes wide open and hands twisted. Babu’s relatives know Babu was very healthy, and never suffered any ailments before he was taken to custody by the Pudukkad police. The Pudukkad police say that Babu was treated well in custody and he was not subjected to any kind of inhuman treatment. The autopsy report reveals a different picture. There were 13 ante-mortem injuries on Babu: –
1. Abrasion 1.5 X 1.5 cm on the back of the right forearm 3 cm below the elbow.
2. Abrasion 7.5 X 2.3 cm on the medial aspect of the right forearm 7 cm above the wrist.
3. Abrasion 8 X 3.5 cm on the front of the right leg 6 cm below the right knee.
4. Abrasion 9 X 0.4 cm on the front of the right leg 7.5 cm below injury no. 3.
5. Abrasion 3 X 0.5 cm on the front of the left leg 5 cm below the knee.
6. Abrasion 4.5 X 0.5 cm on the front of the left leg 15 cm below injury no. 5.
7. Abrasion 4 X 0.5 cm on the front of the left thigh 4 cm above the knee.
8. Abrasion 5 X 2 cm on the medial aspect of left forearm 2 cm above wrist.
9. Abrasion 5 X 2.5 cm on the lateral aspect of left forearm 2 cm above the wrist.
10. Abrasion 1.5 cm X 0.5 cm on the back of left elbow.
11. Abrasion 2 X 1 cm on the back of left elbow 8 cm lateral to the injury no. 10.
12. Abrasion 1 X 0.5 cm on the front of left upper arm.
13. Abrasion 1.5 X 0.3 cm on the right side of chest.
The police now say that Babu was a drug addict and that he had violent bouts while he was in custody, therefore injuring himself.
When Babu was arrested, no one in his family (Babu included), was told of the charges against him, even though the law mandates the contrary. Further, when the police search a house where a female resides, the police must either ask the lady to stay out of the house at the time of search, or if she refuses, female officers must do the search. Overall, a person must never be tortured in custody. All legal formalities were violated in this case, and Babu died in custody. He was never given access to medical treatment. That the wife had to hire car to take the victim to court is another example of the deterioration of the policing in the country. Sarasu and the family are afraid to lodge a complaint, fearing vengeance by falsely implicating them in another crime. Babu was the breadwinner of the family and since his death, the family is finding it difficult to make ends meet.
SUGGESTED ACTION:
Please send a letter, fax or e-mail to:
1. Mr. M. M. Pareedu Pillai
The Chairman
Kerala State Human Rights Commission
Arka Njlayam, M.P. Appan Road
Vazhuthacaud, Thiruvananthapuram 695014,
Kerala State
INDIA
Tel: +91 471 2 337263 / 337145 (direct) 313950
Fax: +91 471 2 2337148
Email : kshrctvpm@vsnl.net
2. Mr. A. K. Antony
Chief Minister of Kerala
Room No.141, IIIrd Floor, North Block, Secretariat,
Thiruvananthapuram,
Kerala State
INDIA
Tel: +91 471 2 333812, 332184 (O) / 314853, 317051 (H)
Fax: +91 471 2 333682 (O) / 333489 (H)
E-mail: chiefminister@kerala.gov.in
3. Mr. K.M. Mani
Minister for Revenue and Law, Kerala State
Room No.216, 3rd Floor, North Sandwitch Block,
Government Secretariat, Thiruvananthapuram
Kerala State
INDIA
Tel: +91 471 2 327876, 327976
Fax : +91 471 2 327876
E-mail: minister-revenue@kerala.gov.in
4. Mr. Justice Jawhar Lal Gupta
Chief Justice, Kerala High Court
Chief Justice’s Residence,
Retd. Justice K.T. Koshy Avenue,
Kochi – 682 011,
Kerala State
INIDA
Tel: +91 474 2 397049, 354350
Fax: +91 474 2 352504
5. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016
E-Mail: chairnhrc@nic.in
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: <mailto:secrt.hchr@unog.ch>secrt.hchr@unog.ch
7. Ms. Asma Jahangir
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 92 42 5763 234
Fax: + 41 22 917 9006 / 92 42 5763 236
Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk
