Dear Friends
The Asian Human Rights Commission (AHRC) is concerned with the police inaction regarding the custodial death of Mr. Hafeel at the Perumbadappu Police Station in Malappuram District, Kerala State. On 24 February 2004, Mr. Hafeel (24) was arbitrarily arrested by officers from the Perumbadappu Police Station and thereafter tortured to death within two hours of his arrest. (To see our previous urgent appeal regarding this case, please go to: http://www.ahrchk.net/ua/mainfile.php/2004/631/)
However, according to the information we have received, the Perumbadappu Police has registered a crime against the deceased Mr. Hafeel under Section 151(quarrel was in public place) and 51(a) (drinking in public place) of the Kerala Police Act. The police also claimed that the victim, who is a Muslim, died due to severe injuries that he received during the fight with several Hindus at a festival site, not because of police torture.
The victim’s family fears that the police will hush up the case by fabricating false charges on the deceased Mr. Hafeel and the perpetrators will not be punished by law. AHRC calls on you to send a letter to the local authorities requesting a speedy and impartial investigation, bringing the perpetrators to justice as soon as possible. Additional names of the persons who responsible for the case are provided in the updated information below.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
Name of the victim: Mr. Hafeel, 24, son of Veliyankodu Mukriyath Mammu Musliar, an autorikshaw (small three wheeler) driver
Address of the victim: 10th Ward of Veliyamkode Panchayat in Thrissur District, Kerala State
Alleged perpetrators:
1. Sub Inspector of the Perumbadappu Police Station, the main perpetrator who tortured the victim to death.
2. Mr. Mahesh Kumar, Circle Inspector of Police at the Ponnani Police Station. He was in charge of the police team who arrested the victim.
3. Mr. Sreenivasan, Assistant Sub Inspector of the Ponanni Police Station
4. Mr. Aziz, Police Constable 2563 of the Perumbadappu Police Station
5. Mr. Justin, Police Constable of the Perumbadappu Police Station
6. Mr. Vijayan, Police Constable 2108 of the Perumbadappu Police Station.
Date of incident: 24 February 2004
Place of incident: Perumbadappu Police Station, Malappuram District, Kerala State
At about 3:00 pm of 26 February 2004, the local festival at the Vattekad Bhagavathi Temple began. During the festival, the nearby residents irrespective of cast or community take part in the festival and under the leadership of the various committees, there are Poorams (processions) from different localities. On the way to the temple, there is a mosque. Last year when a Pooram was passing in front of the mosque, some members from the mosque quarreled with the festival participants asking them not to play the trumpet. Subsequently the police interfered in the matter and dispersed the participants. This year, a large number of police personnel were placed in various areas in order to avoid such problems. The Perumbadappu Police Station dispatched 29 police officers for this purpose, and the Police from the Kalpakemchery Police Station and Malappuram Armed Reserve Camp had also been deployed in different places.
At about 5:45 pm of 24 February, fighting occurred, and the police party led by the Sub Inspector of Perumbadappu Police Station arrived at the scene and rounded up several persons who were involved in the fighting as well as many onlookers. Mr. Hafeel, who was passing by the scene, was also arrested. Then Mr. Hafeel was brought to the Perumbadappu Police Station where he was tortured severely. Due to his severe injuries caused by this torture, the police took Mr. Hafeel to the nearest Government Health Centre at Vadakkekad. As the centre has inadequate facilities, the police took Mr. Hafeel to Kunnamkulam Government Hospital. On the way to the hospital, Mr. Hafeel died. It was about 7:00 pm.
However, according to the police account, the victim (a Muslim) had already been injured severely during the quarrel with Hindus regarding the playing of the trumpet before the arrest, and he died due to these injuries. The Perumbadappu Police registered a crime (Crime 30/2004) against the deceased Mr. Hafeel under Section 151(quarreling in public place) and 51(a) (drinking in public place) of the Kerala Police Act. The complainant is the Assistant Sub Inspector of Perumbadappu Police Station. But no reliable evidence has been collected on these charges. Earlier Mr. Hafeel was an activist of the Peoples’ Democratic Party and later he got associated with the Muslim League. The Perumbadappu Police Station has insisted the victim was a criminal but no record exists to prove this.
After hearing of the victim’s death in police custody, many people gathered at the Kunnamkulam Government Hospital, where the postmortem of the victim was conducted. They strongly protested to the police about the case. The Kunnamkulam Police has registered a case (Crime 142/2004) against Mr. Karim and Mr. Subhaid, who participated in the demonstration, under Section 143, 147, 148, 323, 452, and 506(2) read with 149 Indian Penal Code. This complaint was made by Police Constable 2104, Mr. Vijan of the Kunnamkulam Police Station.
Perumbadappu Police Station is under the jurisdiction of the Circle Inspector of Ponnani Police Station, Mr. Mahesh Kumar. Currently four police constables from the Armed Reserve Camp Malappuram had been suspended from the service related to this case. The state crime branch took this case for investigation and Crime Branch Deputy Inspector General, Mr. Rajesh Diwan is in charge of the investigation. However, the victim’s family and human rights activist expressed their doubts about any fair and independent investigation occurring regarding this case because the investigators themselves are police. The human rights organizations in India have urged the government of India to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station for a long time.
SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern about this serious case.
1. Shri. A.P.J. Abdul kalam
President of India
Rashtrapathi Bhavan,
New Delhi -110001
INIDA
Tel: +91-11-23016767 (Joint Secretary), 23014507 (Personal Secretary)
Fax: + 91 11 23017290 / 23017824
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in
2. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, 1st Floor,
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016/ 336 6537 / 334 4113
E-Mail: chairnhrc@nic.in
3. Mr. Justice V.P.Mohan Kumar
The Chairperson
Kerala State Human Rights Commission
Arka Njlayam, M.P. Appan Road
Vazhuthacaud, Thiruvananthapuram -14,
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. 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
6. 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
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: The family of the victim who died under police custody suffers from police inaction
I am writing to bring to your attention the custodial death of Mr. Hafeel on 24 February 2004. He was arbitrarily arrested and tortured to death by the police at the Perumbadappu Police Station within two hours of his arrest.
However, according to the police account, the victim (a Muslim) had already been injured severely during the quarrel with Hindus regarding the playing of the trumpet before the arrest, and he died due to these injuries. The Perumbadappu Police registered a crime (Crime 30/2004) against the deceased Mr. Hafeel under Section 151(quarreling in public place) and 51(a) (drinking in public place) of the Kerala Police Act. But no reliable evidence has been collected on these charges. Now, Cime Branch Deputy Inspector General, Mr. Rajesh Diwan is in charge of the investigation. The victim’s family and human rights activist expressed their doubts about any fair and independent investigation occurring regarding this case because the investigators themselves are police.
Therefore, I request you to order an impartial inquiry into the incident conducted by an independent institute, not by the police. The Sub Inspector of the Police of Perumbadappu Police Station and other perpetrators should be suspended from service while the investigation is going on. I also request the Kerala State Government to compensate the victim’s family according to international standards. I further urge the government of India to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station. The government of India must ratify the Convention against Torture (CAT) and legislate upon it without delay.
Yours truly
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
