UPDATE (India): Police action on death in custody of young man in Kerela 

Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to learn that at least two police officers have been suspended and arrested in connection with the torture and death of a man in police custody in Kollam District, Kerela, India. (See further: UA-95-2005).

The arrested constables have been remanded to police custody until 7 July when their application for bail comes up in the court. The crime branch investigations have also identified five other policemen attached to the police station, as being involved in the crime. The Circle Inspector and the Assistant Sub-Inspector of Police, Kollam station, have been placed under suspension. The investigations also reveal that the victim, Rajendran had no criminal history nor was he in any way involved in the theft the police accused him of.

Please immediately write to the Director General of Police asking him to ensure that the remaining investigation is carried out impartially and quickly. It is also essential that the medical records from the hospital, post mortem certificate and other records maintained at the police station during this incident are produced before the local magistrate’s court (where the bail application of the accused are pending) to ensure that these records are not tampered with. All those arrested in connection with the victim’s death should not have any access to these records. All the witnesses and the victim’s family should be given protection to ensure that they are not threatened. The victim’s family should also be given interim compensation for their loss while the trial stands in court.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION

Name of the victim: Rajendran, 37-years-old
Address: Raj Nivas, Kodamkulam, Neeleswaram post office, Kottarakkara, Kollam District, Kerala
Alleged perpetrators:
1. Babu, Assistant Inspector, Kollam East police station
2. Five other police constables attached to the Kollam East police station
Date of the incident: 6 April 2005
Place of the incident: Kollam East police station, Kollam District, Kerala
Case Status: Crime Branch investigations have led to the arrest of two police officers and two others have been placed under suspension.

Rajendran, a resident of Kollam District, Kerela, was allegedly tortured while in police custody and subsequently succumbed to his injuries.

The Crime Branch investigations identified seven policemen attached to the police station as the accused in the case. Two police personnel, Mr. Jayakumar and Mr. Venugopal have been arrested and remanded in custody by Mr. K.G.Sanal Kumar, Judicial First Class Magistrate-II, while Circle Inspector, Mr. Rajkumar and the Assistant Sub-Inspector of the station have been placed under suspension in connection with the death.

The Crime Branch is yet to reveal the names of the other five police personnel. According to Mr.V.R.Reghuvarma, Superintendent of police, Crime Branch, the names of the other five accused will be revealed only after discussions with higher authorities, but it is alleged that they might be charged with offences relating to “lapse in supervision”.

The investigations reveal that Rajendran was tortured with the aim of extracting a forced confession for an alleged theft. However, it was found that he had neither a criminal past nor was he involved in the theft that the police alleged. It is also said that the report states that those at the police station were quite aware of the fact that the victim was fighting for his life and deliberately avoided taking him to a hospital so that he would not be in a position to give a dying declaration.

BRIEF REMINDER OF THE CASE:

Rajendran, a resident of Kollam District, Kerala was a businessman involved in selling floor cleaners. He would receive his orders over the phone and then deliver the products to the customers.

On 6 April 2005, Rajendran had an appointment with the management of Sankar hospital. At 11:30 a.m. when he arrived at the hospital gate, the security guard stopped him and refused him entry. The victim questioned the security guard but the guard stood his ground and instead handed him over to the police.
The ASI, Kollam east police station, took the victim into police custody and asked him to remove his clothes. Rajendran was then badly tortured by the ASI. Subsequently, five more police constables were called in and the victim was taken to a room in the police station referred to as the ‘museum’ consisting of various torture tools such as batons, spikes, iron rods etc. Rajendran was then further tortured using these tools.

By 2:45 p.m. the victim collapsed and was placed in the lock up. Rajendran died in his lock up at 7:00 p.m. that evening. As soon as the police officers realised this, they took him to the District government hospital where he was declared dead. However, at about 12:00, later that night, the ASI went to the hospital and asked the authorities to change the timing of the victim’s admission in the hospital by an hour so that they could claim he was alive while being brought in.

It is also alleged that the police corrected the general diary entry at the police station to coincide with the time he was taken to the hospital. The diary entry now says that the victim was taken to the hospital for a general check-up at 6:00 p.m. since he showed symptoms of heart problems.

The police registered a false case against the victim on April 6, alleging that he stole a mobile phone from one of the patient’s at Sankar hospital. In order to validate their case it is alleged that the police obtained a patient’s signature from the same hospital by coercion.

SUGGESTED ACTION
Please send a letter to the Director General of Police, West Bengal asking him to ensure that the remaining investigation is carried out impartially and quickly.

 

 

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