India: Mother of two children thought of suicide, twice

India: Mother of two children thought of suicide, twice, fearing
police persecution

ISSUES: Torture; Corruption; Violence against women; Judicial
neglect; Child rights

Dear friends,

The Asian Human Rights Commission (AHRC) has received information
from Nervazhi, a human rights organisation based in Kerala, concerning
the case of torture and intimidation of a family by the local police
in Ernakulam district of Kerala state. The police, reportedly after
accepting offers of bribe, abused, tortured and threatened the family
asking them to withdraw a civil case that the victim family had filed
against their neighbour. Upon refusal, the police have reportedly
registered a fabricated case against the family, including their minor
son. Due to fear of further persecution by the police and from shame,
the mother had reportedly made preparations to commit suicide with her
two children, twice. Fortunately her husband and relatives intervened
and prevented them from the attempt. The local media widely reported
the incident. The police however are still threatening the family
demanding them to remain silent and not to speak about the incident to
anyone.

The mother has filed a complaint to the Inspector General of Police
asserting that they are no more prepared to live under fear and with
shame. She has also affirmed in the complaint that should anything
happen to the family before action is taken on the complaint, it is
the local police officers who should be held responsible for it.
Despite the complaint and wide media coverage, the state police have
taken no action against the accused police officers.

CASE NARRATIVE:

The following are the translations of the complaints filed by (1)
Mrs. Susan (mother) and (2) Mr. Jose (father), to the authorities in
Kerala, narrating the incident and praying for immediate protection
and to investigate the complaint against the police officers.

(1) Mrs. Susan

Wife of Mr. Jose

Residing at Maapanchery House

Injathotty post, Kothamangalam

Ernakulam district, Kerala state

Sub: Complaint concerning verbal abuse, illegal arrest, torture,
registering of fabricated cases and further intimidation by the local
police against my family and me including our two minor children. A
video interview with Susan is available here

.

I am writing this complaint with utmost mental agony. The police
officers that must protect the property and life of the people, after
accepting offers of bribe of about Rupees 200,000 and having consumed
alcohol and under the influence of alcohol, have, verbally abused,
illegally detained, tortured, registered a fabricated case, and
further continue to intimidate me and my family. The police have
brutally tortured my husband who is innocent. Due to fear of further
persecution and of shame, I had made preparations, twice, to commit
suicide along with my two minor children by consuming poison. But my
husband and the members of our family intervened, and have persuaded
us not to do so. The police have repeatedly threatened us that if we
complain to anyone about what has happened to us, they would burn us
alive and due to that we were not bold enough to file any complaint
for a while. We are not willing to live anymore in fear and with
shame. Should anything happen to us before any action is taken on this
complaint, I hereby affirm that those who might be behind such an
incident are the local police officers, whom I have named in this
complaint.

Sir, our family is comprised of my husband and our two children. My
son is 16 years old and my daughter is 13 years old. Since we do not
have our own land, we lease properties owned by others and those
belonging to the Periyar Valley project and cultivate seasonal crops
like plantain, pineapple and beans in these lands for a living.

Since the past two years, my husband used to lease land belonging to
the Periyar Valley project and we cultivate in this land. This time
however we also cleared government land lying fallow near the leased
land and did some extra labour to cultivate in this land as well. This
government land also belongs to the Periyar Valley project, though we
did not lease this land from the government. In September 2010, we had
about 1200 plantains, the same number of beans beds and about 5000
pineapple plants ready for harvest in this land for which we did not
have proper leasehold. The total investment for this work is about
Rupees 200,000. If we get a reasonably good yield we could make about
Rupees 400,000 in the season, of which Rupees 200,000 would be our
income, including our labour.

Our neighbour Mr. Pakkakudy Binoy Joseph was watching our work and he
figured out that certain extend of land in which we have cultivated is
not land that we have legally leased out from the government. So he
approached the government and without informing us obtained lease from
the government for the land that we have not obtained lease and
claimed that the standing crop in that land now belongs to him.
However on December 23 my husband and me harvested Kg. 200 of
pineapple from what we have cultivated in this land. Binoy immediately
approached the Kuttampuzha Police Station and complained that we have
harvested the yield that belonged to him.

On 24 December the Sub-Inspector of Police from Kuttampuzha Police
Station summoned my husband to the police station and ordered that we
must pay Binoy Rupees 500 within seven days as compensation for the
pineapple that we harvested. He also instructed that we must pay this
within a day. The officer threatened that if we failed to pay, he
would take us into custody. My husband however tried to inform the
officer that how Binoy came into possession of the land and why we
claim that the harvest belongs to us. The officer instructed my
husband that this is a matter that needs to be settled in a civil
court, and asked my husband to pay Rupees 500 to Binoy. My husband
agreed and returned home. On 3 January we approached Muvatupuzha
Munsiff's Court and obtained an order against Binoy, temporarily
restraining him from entering the disputed land until further orders
from the court.

On 6 January at about 5pm, Assistant Sub-Inspector Tomy and a police
constable from Kuttampuzha Police Station came to our house. Both
officers were under the influence of alcohol. The officers ordered us
that we must immediately withdraw the case at the Munsiff's court. We
refused and informed the officer that the police must not threaten us.
At this, the Inspector threatened us that if we failed to withdraw the
case, they would detain our entire family at the police station after
registering a false case against us. Hearing this, my husband raised
his voice against the officer and informed him that he has no
authority to say so. The officer then shouted at my husband that he
would detain our children and me at the police cell if we refused to
act according to his directions. The officer then left.

On the next day at about 7.45am Binoy and his family entered the
disputed land breaching the restraining order from the court and
harvested the yield. Three of Binoy's friends, Mr. Paterodiyil
Varghese, Mr. Nirapel Joseph and Mr. Kalapurakkal Eldose were also
with Binoy. When my husband came to know about this, he rushed to the
place. I followed him. When I reached the land, I saw my husband
bleeding from his palm and Binoy, Varghese, Joseph and Eldose
assaulting my husband. I ran into the scuffle crying to spare my
husband. At this they stopped assaulting my husband, and so he ran
away from the scene. Since my husband was bleeding from his palm, he
went to the local hospital to get the wound dressed.

At about 5pm, the Sub-Inspector accompanied by some police officers
from Kuttampuzha Police Station cam in a jeep near our house. The
vehicle belonged to one Mr. Manneel Aliyas. The officers stopped the
vehicle for about three minutes in front of our house and left. Soon
my children returned from school. At about 6.30pm I heard a jeep
stopping in front of our house. Some police officers came inside the
house compound. The Sub-Inspector of Police at Kuttampuzha Police
Station, Mr. Sabu N. Kurian, came inside the house and asked my son
where my husband was. My son replied that he did not know since he had
left home in the morning. At this officer shouted at my son to wear a
shirt and ordered that everyone should accompany him to the police
station. Hearing this we started crying. I asked the officer why we
were to come to the police station? The police officers did not listen
and dragged us from our house into the vehicle in which they had come.
My daughter was so scared that she in the meanwhile fell down
unconscious. A police constable sprayed water on her face and
continued dragging her into the vehicle. While we were being dragged
into the vehicle, some police officers were going into our house and
we do not know what they were doing inside our house. There were no
women police officers among the group of officers.

Once all the officers returned to the vehicle we left from our house.
Inside the vehicle I could smell alcohol and many police officers were
also smelling alcohol and I assumed that were drunk and under the
influence of alcohol. I was so scared and feared that the officers,
under the influence of alcohol would hurt my children and me. I was so
worried about the safety of my daughter at the hands of the drunken
police officers. So I kept her on my lap, though she is a fully-grown
girl and held her close to me. My son was seated beside me. Once the
vehicle started moving, police constable Mr. Shameer abused me using
the filthiest language suggesting me to have sex with him. After
listening to this for a while, my son asked the officer not to speak
like that to me, for which the officer punched my son on his chest.
Seeing this we started to cry out loud. Soon I lost consciousness.
When I regained my consciousness, I found that we were at a place
called Neriyamangalam. We went further till Unnukal Police Station.
There we were asked to get into another police vehicle and continued
our journey. At about 7.45pm we reached Kothamangalam Police Station.
The officers then detained us inside the police lock-up at the
station. After a while the Circle Inspector of Police came near the
cell door and shouted filth at us. Sometime during the night, the
police brought a man aged about 20 years into the station and he was
also locked up in the same cell where my children and me were
detained.

On the next day at about 10am, the officers took us to Kuttampuzha
Police Station in a police vehicle. We were detained at the police
station till about 4pm. Our daughter was sent away from the police
station along with my husband's brother who came to the station by
then. At about 4pm, the officers brought my husband out from the
police cell. He appeared weak and looked physically injured. The
officers produced my husband, our son and me before the Judicial First
Class Magistrate, Mr. Dinesh N. Pillai, at Kothamangalam, at the
Magistrate's residence. My husband was so hurt that he could not walk
or stand without me helping him. We complained to the Magistrate, that
we were abused and tortured the police. The Magistrate told us that he
has directed the police to take us to the local hospital for medical
check-up. The police did not do so. To my information, the Magistrate
did not write down our complaint or record our statement. Without
asking any further questions, the Magistrate remanded my husband and
me into judicial custody. The Magistrate ordered me to be sent to
Ernakulam Sub-Jail and my husband to Muvatupuzha Sub-Jail. They
produced my son before the Juvenile Board and released him on bail the
next day. They released me on bail on 11th January and my husband on
15 January.

My husband is still undergoing treatment for the injuries he suffered
from the police. Till 16 March 2011 we were to report on every
Wednesday at Kuttampuzha Police Station and sign a register. On 23
January when we were at the police station, Sub-Inspector Mr. Sabu N.
Kurian shouted at me that if we do not pay Rupees 25,000 to him, he
would implicate my husband in the list maintained at the police
station of the local ruffians.

We have later come to know that Binoy has offered the police that he
could pay the officers Rupees 200,000 after harvesting the yield from
the disputed land. It appears that the police is aiding Binoy with an
intention to share the illegal profit after taking the yields from the
disputed land. For this, to intimidate us, the police have taken us
into illegal custody, abused my daughter and me and assaulted my son
and husband. My children and me are still scared that the police could
come again and detain us once again.

I therefore request you to register my complaint, investigate it and
take actions against the police officers named in this complaint and
in the meanwhile provide us with adequate security from further
persecution of the police.

Mrs. Susan

Injathotty

23 March 2011

(2) Mr.Jose

Aged 48 years

Maapanchery House

Injathotty post, Kothamangalam

Ernakulam district, Kerala state

Sub: Complaint concerning verbal abuse, illegal arrest, torture,
registering of fabricated case and further intimidation by the local
police against my family and me. A video interview of Jose is
available here

I am writing this complaint with utmost mental agony. The police
officers that must protect the property and life of the people, after
accepting offers of bribe of about Rupees 200,000 and having consumed
alcohol and under the influence of alcohol have verbally abused,
illegally arrested, tortured and further continue to intimidate me and
my family. They brutally tortured me. Due to fear of further
persecution and from shame, my wife and children had made
preparations, twice, to commit suicide by consuming poison. But our
family and I prevented them. The police have repeatedly threatened us
that if we complain about what has happened to us, they would burn us
alive and due to that we were not bold enough to file any complaint
for a while. We are not willing to live anymore in fear and with
shame.

Sir, our family is comprised of my wife and my two children. My son
is 16 years old and my daughter is 13 years old. Since we do not have
our own land, we lease other's properties including those belonging to
the Periyar Valley project and cultivate seasonal crops like plantain,
pineapple and beans in these lands for a living.

Since the past two years, I used to lease land belonging to the
Periyar Valley project and we used to cultivate in this land. This
time however we also cleared government land lying fallow near the
leased land and cultivated in this land as well. This land also
belongs to the Periyar Valley project, though we did not lease this
land from the government. In September 2010, we had about 1200
plantains, same number of beans beds and about 5000 pineapple plants
ready for harvest in this land for which we did not have proper
leasehold. The total investment for this work is about Rupees 200,000.
If we get reasonably good yield we could make some Rupees 400,000, of
which Rupees 200,000 would be our income.

Our neighbour Mr. Pakkakudy Binoy Joseph was watching our work and he
figured out that we do not have leasehold upon a portion of land in
which we have cultivated and the harvest was ready. So he approached
the government and without informing us obtained lease from the
government for the land for which we did not obtain lease. He then
claimed that our crop, which was in this land, now belongs to him.
However on December 23 I harvested 200 Kg. of pineapple from what we
have cultivated in this land. Binoy immediately approached the
Kuttampuzha Police Station and complained that we have harvested yield
that belonged to him.

On 24 December the Sub-Inspector of Police summoned me to Kuttampuzha
Police Station and ordered that I must pay Binoy Rupees 500 within
seven days as compensation for the pineapples that we have harvested.
Then he insisted that we must pay the money within a day. The officer
threatened that if I failed to pay, he would take me into custody. I
tried to inform the officer that the harvest what Binoy now claims as
his is mine and that he has obtained lease from the government to
cheat me and snatch away the result of my hard work. The officer said
that this is a dispute that could be settled in a civil court and
asked me to pay Rupees 500. I agreed and returned home. On 3 January I
approached the Muvatupuzha Munsiff's Court and obtained an order
against Binoy, temporarily restraining him from entering the disputed
land until further orders from the court.

On 6 January at about 5pm, Sub-Inspector Tomy and a police constable
from Kuttampuzha Police Station came to our house. Both officers were
under the influence of alcohol. The officers then ordered us that we
must immediately withdraw the case at the civil court. We refused and
informed the officer that the police cannot threaten us. At this the
Inspector threatened us that if we failed to withdraw the case, they
would detain us at the police station after accusing false cases
against us. Hearing this I raised his voice against the officer and
informed him that he has no authority to do so. The officer then
shouted at me that he would get my daughter and wife into the police
cell. The officer then left.

On the next day at about 7.45am Binoy entered the land against which
there was an order against him from the Munsiff's court and harvested
the yield. When I came to know about this, I rushed to the place. When
I reached the land I informed Binoy that he may do whatever he like
with the land and the yield once the court decides the case. For this
Binoy replied that he is harvesting the yield at the directions of
Kuttampuzha Sub-Inspector of police. I informed Binoy that what he is
doing is wrong and that he must wait until the case is over. Saying
this I tried to stop Binoy from harvesting the beans. Binoy at the
time tried to attack me with a sickle like knife that is used to
harvest pineapple. I tried to fend off the knife and got hurt from the
knife blade. At this Binoy's friends Mr. Paterodiyil Varghese, Mr.
Nirapel Joseph and Mr. Kalapurakkal Eldose joined Binoy and started
assaulting me. If my wife did not come to my rescues, they would have
hurt be badly or even murdered me.

I escaped from the place and rushed home. Once at home I contacted
the Deputy Superintendent of Police at Muvatupuzha. I informed the
officer what had happened. The officer said that he does not have time
to deal with such issues and asked me to complain to the Circle
Inspector of Police at Kothamangalam.

My palm was bleeding and my body paining from the assault. I decided
to seek treatment at a hospital in Kothamangalam. I also decided to
complain to the local police. So I left home on my motorcycle. When I
reached a place named Velliyelchaal, I saw the police vehicle from
Kuttampuzha Police Station coming in my opposite direction. I stopped
the motorcycle and waved at the police vehicle to stop. The police
vehicle however came close to me and crashed at the motorcycle. When
the police vehicle hit me, it threw the motorcycle and me into the
roadside. My right leg got injured in the incident. At that moment I
felt that the police is also against me. So I got up and ran away from
the place and sought refuge at my friend O. U. Eldose's place. It was
about 8.20am at the time. With help from Eldose, I got myself admitted
at the Adimali hospital at about 3pm.

At about 8pm, I left the hospital ward to buy food for the night.
Inside the hospital compound, a policeman approached me and asked
whether I am Jose? When I said that Jose is my name, the officer asked
me where I am from and conformed that I am from Injathotty.
Immediately four other police officers joined the first officer and
they forced me into a police vehicle that was in the hospital
compound. They took me to Adimali Police Station. The Sub-Inspector of
police Mr. Pramod asked me to sit on a chair in the station veranda.
Then the Inspector asked me whether I would raise my voice at police
officers and assaulted me with a baton on my left palm. He hit me hard
that my middle finger got inflated and is still in the same condition
after several months of treatment.

At about 9.30 at night the Sub-Inspector of Police from Kuttampuzha,
Mr. Sabu N. Kurian, police constables Mr. Shameer and Mr. Joy and
other six police officers whom I could identify even today came to
Adimali Police Station. Shameer approached me and slapped me from both
sides on my ears at the same time. Sub-Inspector Mr. Sabu shouted at
the officers to throw me into the police vehicle. The officers forced
me into the backside of the police vehicle and forced me lie flat with
face up on the vehicle floor. The police officers kept their legs on
my chest. When the vehicle reached a place called Neriyamangalam,
Shameer applied red chillies in my eyes. Since I could see what the
officer was up to in the light of other vehicles, I tried to keep my
eyes closed tight. Yet some chilly went inside my eyes and my eyes
burned. Soon the vehicle reached Uunukal Police Station. The officers
forced me out from the vehicle and brought me into the station
veranda. Police Circle Inspector from Kothamangalam, Mr. Famous
Varghese was there at the station.

When the officer saw me he kicked me on my stomach. I bent down from
pain. At that time the Circle Inspector elbowed me on my spine three
times. I fell down on the floor with face down. I almost lost
consciousness. Then I felt someone pouring water on my waist. When I
tried to turn around and see what was happening, I saw constables
Shameer and Joy trying to pour water mixed with chilly powder on me.
They then forced me lay down and poured the burning mixture on my
genitals. Then Shameer kicked me on the right side of my chest. Then
the officers forced me back into the police vehicle. The Circle
Inspector ordered the police constables to keep the rear curtain of
the police vehicle to be lowered so that persons in the vehicles
coming from the rear would see me inside the police vehicle. After
sometime we reached Kuttampuzha Police Station. I was thrown into the
lockup and the Sub-Inspector Sabu instructed the police constables
that I must not be assaulted any further and left.

After a while constable Mr. Obyes came inside the police cell and
asked me to stand up. Then the constable asked me to stand as if I am
sitting in an imaginary chair. I informed the constable that I could
not do so since I was terribly hurt. Hearing me say this, the
constable slapped me on my face with both hands thereby hitting me on
both ears at the same time. So I tried to stand, as the constable
wanted me to. I could not hold anymore and I collapsed on the floor.
The constable again forced me to stand up. Then he shouted at me that
I must obey when police officers instruct me to do something and
elbowed me once again. I fell down once again. Then the officer asked
me to jog inside the prison. I could barely manage to do this. But I
tried, and collapsed. The constable then shouted at me that he will
not allow me to lay down and forced me to stand up again. I could not.
At this the officer slapped me again.

When it was about dawn, I could not tolerate the pain anymore. Both
my ears were paining. I informed the police constables that I might
die in the cell. They then took me to Kuttampuzha Government Hospital.
The doctor who examined me said that I must be admitted at the
hospital. The constable however refused and said that it is enough
that I am given some painkillers and to sent me back with them. The
doctor obliged and they brought me back into the police station.

On the next day at about 10am I came to know that my wife and
children are at the police station. By about 4pm, the police took me
with my wife and son to the local Magistrate. I came to know that the
police have falsely accused me of offences punishable under Sections
308 (attempt to commit culpable homicide); 323 (voluntarily causing
hurt); 324 (voluntarily causing hurt using a weapon) read with 34
(conspiracy to commit a crime). My wife had to help me walk into the
Magistrate's house. I informed the Magistrate, Judicial First Class
Magistrate, Mr. Dinesh N. Pillai, of Kothamangalam, what the police
have doe to us. The Magistrate informed us that he has directed the
police to take us for a medical check up. But the police did not do
so. The Magistrate also did not record our statements. The Magistrate
then remanded us and I was sent to Muvatupuzha Sub-Jail and my wife to
Ernakulam Sub-Jail. We are both on bail now. The case registered
against us is false and we have not committed the crimes alleged
against us.

I therefore humbly request you to take immediate actions upon my
compliant and ensure our safety and further take actions against the
police officers I have mentioned in my compliant.

(Signed)

Jose

Injathotty

23 March 2011

ADDITIONAL INFORMATION:

The case at hand demonstrates a pattern of police practice, which the
AHRC has noted concerning cases reported from India. (1) It is very
common for police officers to accept bribes and engage in criminal
acts, like threatening and intimidating persons to settle private
disputes. (2) The possibility for the police to register false cases
against anyone is used as a tool to (a) silence the victims as well as
to defend why persons are taken into custody and (b) to later to use
the case as a bargaining tool to force the victims to withdraw cases
against the police officers, should the victims initiate such actions
(3) Use of torture as a tool to subjugate persons to authority (4) To
bargain with or refuse a doctor's request or direction to admit a
victim of torture at the hospital (5) For the doctors to criminally
oblige without any compulsion to a police officer's requirement not to
admit a person brought for medical examination (6) For the judicial
officers to issue remand orders without properly assessing the
condition of the accused produced before them and for the police
officers to produce detainees at the residence of the judicial officer
after court hours (7) For the judicial officers to refuse or ignore
their statutory duty to record the statements of persons produced
before them as required in the Criminal Procedure Code, 1973.

The Criminal Procedure Code, 1973 require the following to be
complied by police officers and judicial officers as mandatory
pre-trial proceedings:

Section 46 of the Code deals with arrest. Sub-section (4) of Section
46 of the Code prohibits the arrest of a woman after sunset and before
sunrise, unless in exceptional circumstances. Should an arrest be made
of a woman during this time, it must be made by a woman police
officer. The Sub-section reads: Save in exceptional circumstances, no
woman shall be arrested after sunset and before sunrise, and where
such exceptional circumstances exist, the woman police officer shall,
by making a written report, obtain the prior permission of the
Judicial Magistrate of the first class within whose local jurisdiction
the offence is committed or the arrest is to be made. In the case at
hand, not only the arrest was made after sunset, but in the absence of
a woman police officer.

Section 47 of the Code require the police to allow the women inmates
in the house, before entering the house to arrest a suspect that the
police suspects to be residing in the house and is according to the
police be arrested for lawful reason. In this case, the police just
marched into the house, asked for Jose and finding that Jose is not at
home, arrested his wife, Susan, and two children of which one is a
girl aged just 13 years.

Section 49 of the Code prohibits the police from using unnecessary
restraint at the time of arrest. If the allegations made in the
compliant are true, the officers have not only used unnecessary force
at the time of arrest, but have in fact used criminal force at the
time of arrest.

Section 50 of the Code mandates the arresting officer to inform the
arrestee full particulars of the offence for which the person is
arrested or other ground for such arrest. In this case neither did the
police inform why the victims were arrested, but if the allegations
are true, the arrest was an act of vengeance than an official
formality.

Section 50-A requires: (1) Every police officer or other person
making any arrest under this Code shall forthwith give the information
regarding such arrest and place where the arrested person is being
held to any of his friends, relatives or such other persons as may be
disclosed or nominated by the arrested person for the purpose of
giving such information. (2) The police officer shall inform the
arrested person of his rights under sub-section (1) as soon as he is
brought to the police station. (3) An entry of the fact as to who has
been informed of the arrest of such person shall be made in a book to
be kept in the police station in such form as may be prescribed in
this behalf by the State Government. (4) It shall be the duty of the
Magistrate before whom such arrested person is produced, to satisfy
himself that the requirements of sub-section (2) and sub-section (3)
have been complied with in respect of such arrested person. All of
this has not been complied in this case

Section 51 of the Code requires the arresting officer to search the
person arrested at the time of arrest, and if any of the person to be
searched is a female -- which in this case includes Susan and her
daughter -- such search to be conducted by a female officer. In this
case, there are no female police officers involved at any point nor
are there any records available to prove that the police have complied
with Section 51 of the Code.

Section 54 of the Code mandates the following: (1) When a person who
is arrested, whether on a charge or otherwise alleges, at the time
when he is produced before a Magistrate or at any time during the
period of his detention in custody that the examination of his body
will afford evidence which will disprove the commission by him of any
offence or which will establish the commission by any other person of
any offence against his body, the Magistrate shall, if requested by
the arrested person so to do direct the examination of the body of
such person by a registered medical practitioner unless the Magistrate
considers that the request is made for the purpose of vexation or
delay or for defeating the ends of justice. (2) Where an examination
is made under Sub-section (1) the registered medical practitioner
shall furnish a copy of the report to the arrested person or the
person nominated by such arrested person. The Magistrate in this case,
not only failed to ensure medical treatment, further failed to record
the statement of the victims when they were produced before him.

As seen from the two statements above the police have failed to
comply all of the above statutory procedures and the judicial officer
before whom the victims were produced also failed to comply with the
provisions of the Criminal Procedure Code.

Police in India enjoys impunity not only because the country lacks
adequate framework for preventing police violence, but also because of
the callous attitude of an alarmingly high number of judicial
officers, particularly of the lower judiciary, thereby failing to
follow the Criminal Procedure Code. This places the victims of police
abuse at great peril. In most cases it is at the moment when a victim
is produced before a judicial officer he gets the first opportunity to
complain against the police, should there be any legitimate reason to
do so. The mandatory requirement of a medical examination and a report
thus made will go a long way as proof against a police officer, should
there be any evidence of custodial violence. Unfortunately, as it has
happened in this case, the judicial officers fail to comply with this
provision of law, thereby throwing a veil of impunity upon the police
officers who engages in corruption. This lacuna in following the
process of law is exploited by the police officers as a strong defence
if a prosecution is initiated against them. At that stage it is common
for the police officer facing prosecution to claim and for the judges
to believe as proof, 'the absence of a statement by the victim when
the victim was first produced before a judicial officer' concerning
custodial violence and further the absence of a medical examination
and report as mandated under the Code for the allegation that the
claim of custodial violence is wrong. This has been a pattern in India
and continues to be so, despite the amendments in the law.

There is no excuse whatsoever for the judicial officers for not
asking the detainee whether he has any complaint against the police
and record the person's statement and further direct the person for
medical examination. This requires the officer to do nothing special
or any additional and extraordinary effort. Yet due to the callousness
of the officers and further due to the neglect and prejudiced
attitudes of the judicial officers this 'golden opportunity' to
reasonably prevent torture in India is NOT utilised by the country's
judiciary.

SUGGESTED ACTION:

Please write to the authorities mentioned below urging a prompt and
independent investigation into the incident. The suspects must be
arrested and brought to trial without any delay. The AHRC is also
writing a separate letter to the UN Special Rapporteur on the question
of torture calling for an intervention in the case.

The AHRC is also writing to the Chief Justice of Kerala, seeking an
intervention in the case, particularly concerning the lack of
attention of the judicial officers in complying the provisions of the
Criminal Procedure Code, which could have otherwise contributed to the
prevention of custodial violence in India to a large degree.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDIA: Kindly take actions on the complaint of torture and
intimidation of a poor family by the Kuttampuzha police

Name of victims:

1. Mrs. Susan, wife of Mr. Jose

2. Mr. Jose

3. Minor Sachin, aged 16 years, son of Jose

4. Minor Anu, aged 13 years, daughter of Jose

All residing at residing at Maapanchery House, Injathotty post,
Kothamangalam, Ernakulam district, Kerala state

Names of alleged perpetrators:

1. Mr. Tomy, Assistant Sub Inspector of Police

2. Mr. Sabu N. Kurian, Sub Inspector of Police

3. Mr. Shameer, Civil Police Constable

4. Mr. Obeyes, Civil Police Constable

5. Mr. Joy, Civil Police Constable

6. Mr. Pramod, Sub Inspector of Police

7. Mr. Famous Varghese, Circle Inspector of Police

Persons 1 to 5 above are stationed at Kuttampuzha Police Station,
Kothamangalam, Ernakulam district, Kerala state; number 6 above is
stationed at Adimali Police Station, Idduki district, Kerala state and
7 above is the Circle Inspector of Police, Kothamangalam Police
Circle, Ernakulam district.

Date of incident: 6 and 7 March 2011

Place of incident: Initially within the jurisdiction of Kuttampuzha
Police Station and later at Kothamangalam Police Station, Ernakulam
district, Kerala state

I am writing to express my concern, requesting independent
investigation and prosecution if required, of the police officers
named 1 to 7 above as 'alleged perpetrators', involved in the
allegation of abuse of authority, of illegal arrest, use of abusive
language, torture and registering of false case against the persons
named 1 to 4 above as 'victims', of which 3 and 4 are minors and 3 a
girl aged just 13 years.

I am informed that the police officers stationed at Kuttampuzha
Police Station (persons 1 to 5 above named as 'alleged perpetrators'),
reportedly after accepting offers of bribe from one Mr. Binoy, also
residing within the jurisdiction of Kuttampuzha Police Station, have
abused their authority and used excessive force, behaved in a manner
that could be termed 'unbecoming of a police officer' allegedly under
the influence of alcohol, tortured and have registered false case
against victims 1 to 3 named above in order to force a settlement in a
private dispute, between the said Binoy and Jose, a matter which is
already pending before a Munsiff's Court having jurisdiction over the
property in dispute.

I am informed that 'perpetrators' 6 and 7 have aided officers 1 to 5
in their illegal acts and has also behaved in manners contravening the
provisions of the Criminal Procedure Code, 1973, particularly
concerning the arrest and detention of persons.

I am informed that the police arrested the victims named above from
two separate places at different times on the same day. A team of
police officers led by Sub Inspector Mr. Sabu N. Kurian accompanied by
civil police constable Shameer arrested Susan and her two children,
16-year-old Sachin and 13-year-old Anu from their residence at about
7pm on 7 January 2011. I am informed that the day before, on 6 January
at about 5pm, Assistant Sub Inspector Mr. Tomy accompanied by another
police constable from Kuttampuzha Police Station had approached the
family at their residence asking them to withdraw a case, victim
number 1. Mr. Jose had filed against his neighbour Mr. Binoy
concerning a property in which Jose has allegedly cultivated
vegetables and fruits like pineapples, beans and plantains. I am
informed that officer Tomy shouted at Susan and Jose using filth and
threatened to implicate them in false cases if they refused to comply
with the order from the officer. It is alleged that Tomy and the other
accompanying officer were under the influence of alcohol at the time
when they shouted at Jose and Susan on 6 January. It is reported that
the arrest of Susan and the two children the next day is an act of
vengeance by the police.

I am informed that the police have failed to follow all procedural
mandates when they arrested Susan and her children. There were no
female police officers at the time of arrest. Even the manner in which
the arrest was made is also contravening the law. They were not
informed why they were arrested or where they were taken. Susan, along
with her two minor children was detained at Kothamangalam Police
Station on the night of 7 January.

I am informed that at the time of arrest, the officers shouted at
Susan and her children using filth. It is alleged that inside the
vehicle, civil police officer Mr. Shameer started suggesting to Susan
to have sex with him in the presence of her two children, which
Sachin, Susan's 16-year-old son protested and requested the officer
not to speak like that to his mother, that too in front of his sister.
It is alleged that Shameer punched Sachin on his chest for challenging
the officer inside the police vehicle. I am also informed that at the
time of arrest, Anu, the 13-year-old daughter fell unconscious and was
dragged into the vehicle in which they were taken away from their
home. I am also informed that Susan also fell unconscious inside the
police vehicle due to fear and shock.

I am informed that Susan and her children were taken to Kothamangalam
Police Station instead of Kuttampuzha Police Station for the night and
were detained at the police station in a cell. It is alleged that the
Circle Inspector of Police came to the cell at night and shouted filth
at the mother and children and later another detainee was thrown into
the cell to share the cell with the mother and two kids.

I am also informed that Jose, Susan's husband was arrested from the
compound of a hospital in Adimali on 7 January and was taken to
Adimali Police Station, where Sub Inspector Mr. Pramod assaulted Jose
with a baton. Jose alleges that one of his fingers is still swollen
from the injury that he suffered at the time. Jose alleges that on the
same day at about 9.30pm Sub Inspector Sabu along with constables
Shameer and Joy and other six police constables took Jose from Adimali
Police Station to Unnukal Police Station. Jose alleges that in between
he was abused and assaulted by the police officers, including applying
chilly paste in his eyes.

I am informed that at Unnukal Police Station, Circle Inspector Mr.
Famous Varghese kicked Jose in his stomach in which also he suffered
serious injuries. Jose also alleges that the Circle Inspector elbowed
him at least three times at Unnukal Police Station. I am also informed
that the police officers poured water mixed with chilly powder on
Jose. Thereafter the police took Jose to Kuttampuzha Police Station,
where also the police have reportedly tortured Jose inside the police
cell.

The police produced Jose, Susan and their son Sachin before
Muvatupuzha Judicial First Class Magistrate at about 4pm on 8 January.
I am shocked to know that despite Jose and Susan informing the
Magistrate that they were abused and tortured by the police, the
judicial officer neglected his statutory duty to refer the victims for
a medical check up and also further failed to record their statement.

Even though the police produced Jose for a medical check up upon his
request on the same day at about early dawn, the officers had refused
to admit him at the hospital despite being so advised by the doctor.
Jose or Susan does not know whether there is a medical document to
that effect with the police or whether the doctor has recorded his
statement at that time. This however does not excuse the failure of
the Judicial First Class Magistrate Mr. Dileep N. Pillai's failure to
direct the police to provide medical treatment to Jose, a person who
was in a visibly physically tormented condition at the time of
production before the Magistrate since Jose could not move without
Susan's help when they were produced at the Magistrate's residence.

The acute lack of attention to statutory responsibilities and the
shocking absence of a active judicial mind of the judicial officer is
visible from the fact that he found nothing wrong for the police to
take into custody a husband and wife with their two minor children
alleging that they have committed serious crimes like attempt to
murder and when one of the suspect, Jose in this case, was produced
before him in a physical state where he required help to stand up,
walk or even to speak. The dereliction to judicial duty of the officer
is further visible when he refused to pay attention when Jose and
Susan complained to him that they were abused and assaulted by the
police.

I am informed that Susan and Jose have filed written complaints to
the Inspector General of Police as well as other authorities in the
state seeking an investigation in the case. However, no investigation
has been initiated in the case, neither has anyone recorded their
statements.

I am informed that the Criminal Procedure Code, 1973 requires the
police to follow strict procedures at the time of arrest and detention
of persons, which is covered by Sections 46 to 51 of the Code. I am
also informed that Section 54 of the Code mandates the judicial
officer to guarantee that a person requesting for medical examination
must be directed to be examined by a medical practitioner by the
judicial officer and a copy of the examination report provided to the
complainant and to the judicial officer without delay. I am shocked to
know that this 'golden opportunity' for the victims to initiate
actions against the police officers who assaulted and abused them were
denied none other than a judicial officer, which is a shame.

I therefore request you to:

1. The statements of Jose, Susan, Sachin and Anu recorded immediately
by a judicial officer, preferably by a Sessions Judge;

2. The family given protection from any further intimidation and
assault by the local police;

3. If the statements given by the victims divulge a case of police
torture and abuse of authority by the police officers, an
investigation ordered into the case immediately and all officers
suspected in the case immediately suspended from active service until
the investigation in the case is over;

4. The Chief Judicial Magistrate to monitor and oversee the progress
of the investigation;

5. All records concerning the case, as may be requested by the
victims be provided to them;

6. A separate inquiry be initiated into the conduct of Judicial First
Class Magistrate Kothamangalam, Mr. Dileep N. Pillai, concerning his
dealing of the case, by the District and Sessions Judge, Ernakulam and
the proceedings that Magistrate recorded concerning Crime 2/2011 of
Kuttampuzha Police Station dated 8 January 2011 be immediately filed
at the Session's Judge's office to prevent any tampering of records;

7. Jose provided immediate medical help at the expense of the state;

8. All proceedings of Crime 2/2011 of Kuttampuzha Police Station, be
stayed until the investigation into abuse and torture is investigated.

ENDS

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