Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a young man named Mr. V. L. Joy was illegally arrested and tortured by the Sub Inspector of Police of the Anthikkadu Police Station. More seriously, this SIP had a notorious history of torture in his previous working place. He had committed torture by forcing one person to eat human excreta while working at the Wadakkanchery Police Station and was transferred to the Anthikkadu Police Station, where he tortured Mr. Joy. In India there are numerous torture cases by the police, who then continue at their job without any punishment or discipline. Your strong action is required to urge local authorities to correct this matter.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
– Country: State of Kerala, India
– Name of the victim: Mr. V. L. Joy, 30, c/o Lonappan, Valikudathu House, Kurumbilavu village, Pazhuvil, Thrissur District
– Name of Perpetrator: Sub-inspector of Police Mr. M. I. Baby at the Anthikkadu Police Station
– Period of detention and torture: from 20 May to 25 May 2002
– Case status: pending
Case details:
Mr. V.L. Joy, 30, c/o Lonappan, Valikudathu house, Kurumbilavu village, Pazhuvil post, Thrissur district has a modest meat retail business near Chazhoor road toddy shop, Chazhoor, Thrissur. He is the breadwinner of his poor family and he only opened his small shop on Sunday and special holidays.
Around 7:00pm on 20 May 2002, while Mr. Joy was in his shop, Sub-inspector of Police (SIP) of the Anthikkadu Police Station Mr. M. I. Baby came in a jeep and beckoned Mr. Joy to come near. When Mr. Joy approached the jeep, the SIP shouted at Mr. Joy and ordered him to get into the vehicle. The SIP asked Mr. Joy whether he drank alcohol and he said no. The SIP brought him to the Alappad Government Hospital for a blood test and Dr. Subrahmanian gave him a clean certificate after examination.
Around 7:50pm, the SIP took Mr. Joy to the Anthikkadu Police Station and asked him to remain there. He did not inform Mr. Joy why he had been brought to the police station. After 20 minutes, Mr. Joy was brought to the Sub-inspector’s table. The Sub Inspector then dialed 273724 (a local telephone number) and placed the receiver on the table. Then the Sub Inspector began to brutally beat Mr. Joy shouting at him, “Where was the meeting held? Haven’t you divulged in the tea shop about me sleeping at Sathi’s place?” After assaulting Mr. Joy for about 15 minutes, the SIP took the phone and asked “Isn’t it enough?” and Mr. Joy was thrown into the lock-up.
Around 11:00pm, Mr. Joy’s brother Mr. Joshy came to the police station. However, the police did not allow him to meet his brother and refused to inform him under what charge Mr. Joy was arrested and detained. Mr. Joy was not produced before the court, ether. While Mr. Joy was in police custody, the police did not give regular food to the victim. The victim was not allowed to wear proper clothes nor allowed to talk to any one. His family was not permitted to meet the victim and was warded off by threats.
By 2:00am on 25 May 2002, the SIP dragged the victim from the lock up to his room. The victim begged for water, which was denied. The victim asked permission to go to the toilet, which was also denied. Instead he was asked to urinate into a small vessel. Then, the SIP started assaulting the victim severely. As a result of the brutal assault, the victim suffered internal as well as external injuries and he finally collapsed on the floor. When the victim pleaded for water again, the SIP immediately took the vessel containing urine and drained it into the victim’s mouth and shouted, “This is your food for the day.” Then he dragged the victim to the adjoining room and locked the room from the outside.
On 25 May 2002, the victim’s brother Mr. Joshy came to the police station to see his brother again. Then, the police forced the victim to sign some blank papers and informed him that he would face severe consequences if he ever dared to complain to anybody about his case. His borther Mr. Joshy was also asked to sign some blank papers. Both were informed that the victim was charged with a petty offence. The victim was ordered to go to court and pay the fine.
After he was released, Mr. Joy was in serious condition and he was immediately taken to the government hospital in Cherpu, Thrissur. After he received medical treatment, he was discharged the next day. Mr. Joy contested the petty case against him and he also filed a complaint against the Sub-inspector Mr. M. I. Baby. The case is pending currently. It is alleged that the reason for the arrest and torture of the victim was that the SIP thought Mr. Joy was aware of his illicit relationship with a local woman. The officer is notorious for his activities with women wherever he has served.
It is ironic that torture victims have to go to the police station where they were tortured, to file the complaints. In such situations, the victims cannot expect independent legal process and fair trial; rather, they are threatened, attacked or killed by the perpetrators.
Background information of the perpetrator:
The Sub-inspector Mr. M. I. Baby has a notorious history of torture. He was previously serving at the Wadakkanchery Police Station. There, he assaulted a victim while in custody. The victim filed a complaint before the local court and an inquiry was ordered. In that case, the victim was forced to eat human excreta like Mr. Joy. On inquiry by the higher ups in the police department, Mr. M. I. Baby was transferred to the Anthikkadu police station where he tortured Mr. Joy. In the former complaint against this officer, the local magistrate had convicted him on charge of assault and sentenced him to one-year’s imprisonment. He has filed an appeal against the conviction and the appeal is pending. Under the current law, an officer who has committed a crime is allowed to continue his job in the police force until the final court of appeal decides that he is guilty. It is common in India that the cases against perpetrators drag on for a long time, while the perpetrators continue their service in the police and are even promoted.
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities to express your concern on this case. A sample letter is attached.
Please send a letter, fax or e-mail to:
1. Shri. A.P.J. Abdul kalam,
President of India,
Rashtrapathi Bhavan,
New Delhi -110001
INIDA
Tel: +91 11 23015321
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in
2. 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
3. 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
4. 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
5. 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
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
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Mr. V. L. Joy arrested and tortured by notorious officer of Anthikkadu Police Station
- Country: State of Kerala, India
- Name of the victim: Mr. V. L. Joy, 30, c/o Lonappan, Valikudathu House, Kurumbilavu village, Pazhuvil, Thrissur District
- Name of Perpetrator: Sub-inspector of Police Mr. M. I. Baby at the Anthikkadu Police Station
- Period of detention and torture: from 20 May to 25 May 2002
- Case status: pending
I am shocked to hear about the arbitrary arrest, detention and torture of Mr. Joy at the Anthikkadu Police Station in the Thrissur District, Kerala State, India. On 20 May 2002, the victim Mr. M.I. Baby was arbitrarily arrested by the Sub-inspector of Police (SIP) without reason and was severely tortured by him. The victim made a complaint against the perpetrator and the case is pending. No serious action to investigate this case has yet been taken by the police and the perpetrator has not yet been punished.
More seriously, the perpetrator (the SIP) has been convicted for a similar offense before. However, he still continues in his service without any discipline. This shows the weakness of the Indian judicial system and the genuine impunity for the perpetrators. In addition, the torture victims have to make complaints to the police station where they were tortured. In such situations, the victims cannot expect fair investigation and trial in their cases and they are even threatened by the perpetrators who keep their position at the police station. The tolerance of torture is widespread among the authorities, including the police and judges.
I urge you to order an independent and impartial investigation on this matter and bring the perpetrator to justice as soon as possible. I also urge the Indian government to develop an action plan to impose discipline on law enforcement officers. I further urge the Indian government to give compensation to the victim according to the standards of international law and ratify the Convention against Torture (CAT).
Truly yours
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
