INDIA: A 60 year old man severely tortured by the Thrithala police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a person named Mr. Kolavan (60 years) was severely tortured at the Thrithala Police Station on 8February 2004. It is reported that the alleged motive for torture was to compel the victim to withdraw his complaint against his brother, after the Sub-Inspector of Police of the Thrithala Police Station got bribed by the victim’s brother (the accused in the complaint).

Torture at police stations is a daily affair in India. This case is yet another example of such violence. AHRC has reported several torture cases in India in this year. We urge the government of India to ratify the Convention Against Torture (CAT) without delay and legislate upon it.

Your urgent action is required to pressure the local authorities to conduct a prompt and thorough investigation into this case and punish the perpetrators. Please also ask the government of India to enforce strong policy to ensure immediate prohibition of torture in the country.

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

Name of the victim: Mr. Kolavan, 60 years old
Address of the victim: Meenkarayil house, Kannanur P.O, Thrithala, Palakkad District, Kerala State, India
Alleged perpetrators: Sub-Inspector of the Thrithala Police Station
Date of incident: 8 February 2004
Place of incident: Thrithala Police Station in Kerala State, India

Case details:

On 20 January 2004, Kolavan had a fight with his brother Kotha, who hit him with a stone during an argument. He was admitted to a government hospital at Pattambi for a short while and made a written complaint against his brother at the Thrithala Police Station about the incident. The Sub Inspector of the Thrithala Police Station summoned both Kolavan and Kotha to the police station and asked them to report on 8 February 2004.

On 8 February 2004, Kolavan went to the Thrithala Police Station alone while his brother appeared with his employer, who is influential in the police department. After hearing both parties separately, the Sub Inspector (SI) asked Kolavan to withdraw his complaint and compromise with his brother unconditionally, which he refused to do. This was after the SI was paid with bribes and influenced by the victim’s brother and his employer. Kolavan’s refusal to compromise made the SI furious and he severely beat at Kolavan’s navel and pulled him up holding his lower abdomen. Kolavan was shocked by the SI’s sudden attack and he passed urine on the spot and was in utter dismay.

SI further threatened Kolavan with dire consequences if he did not yield to a compromise. However, Kolavan kept silent to the questions. This triggered the SI’s anger and he jumped on the old man and slapped both his ears simultaneously very hard. Finally, Kolavan fell on the floor and became unconscious. After a while he woke up but was unable to stand up. He could not walk, nor was he able to hear. Later the SI forcibly obtained Kolavan’s fingerprints on a few blank papers. Kolavan believes that those papers might be used to fabricate documents that would mention that he had compromised with his brother at the police station.

Kolavan is from the lowest of the scheduled castes (the lower caste community). His ailing wife was not able to provide him proper medical treatment immediately after he came back home. Two days later, he started showing acute symptoms of urinary infection and severe pain in the abdomen. He also had a severe pain in the ears and developed a hearing disability. He was admitted at the Government Hospital at Pattambi, which is not equipped to provide adequate treatment to him. So he was transferred to the Nila Hospital, Pattambi. Because it is a private hospital, Kolavan had to cover all the expenses for the treatment. At this hospital he underwent surgery on his ear and was put under strict medication for more than two weeks.

In the meanwhile the hospital authorities had informed the Circle Inspector of Police regarding the injuries on Kolavan upon admission, which is a regular formality. The Circle Inspector visited Kolavan at the hospital on the following day. Rather than getting a statement from him, the Circle Inspector, with the help of the ear, nose, and throat (ENT) doctor, took the medical certificate that was earlier issued by the Pattambi Government Hospital and specifically mentioned that Kolavan’s injuries were due to police torture. Furthermore, with the influence of the Circle Inspector, the ENT doctor issued a new certificate to Kolavan that didn’t mention anything against the police. On the other hand, it said that the hearing disability was due to aging.

Kolavan has sent complaints to all appropriate authorities regarding the police torture and their attempt to cover up the incident and his sufferings. However, there has been no action taken by the police nor the related government institutions.

This is only another case of such violence by the police reported from India. In fact, the courts in India have mentioned in many cases that torture by the police is widespread and it must be eliminated. The judgment by the Apex Court of India in the famous D.K Basu case clearly laid down rules and regulations that the police have to observe while they investigate a case. However, these orders have never been respected by the police.

This is the reason AHRC has been calling for the government of India to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and legislate upon it without any delay. The government of India should take strong and effective measures to stop torture in the country.

SUGGESTED ACTION:
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