India
15.03.04
Urgent Interventions
India: death in custody of Mr. Hafeel
Case IND 150304
Arbitrary detention/Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by a AHRC-HK, a member of the OMCT network, of the police inaction on the case of a victim who died under police custody due to severe torture suffers in India.
According to the information received, there has been little police action 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.
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 alleged perpetrators include: 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, and 6. Mr. Vijayan, Police Constable 2108 of the Perumbadappu Police Station.
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, and there are Poorams (processions) from different localities. The Perumbadappu Police Station dispatched 29 police officers for the purpose of preventing fights.
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. Mr. Hafeel was then brought to the Perumbadappu Police Station where he was tortured severely. Due to the severe injuries caused by this torture, the police took Mr. Hafeel to the nearest Government Health Centre at Vadakkekad, and on the way to the hospital, Mr. Hafeel died at about 7:00 pm.
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 and strongly protested to the police about the case. 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. Despite the efforts of the human rights organizations in India to urge the government to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station for a long time, police inaction still occurs.
The Secretariat of the OMCT is gravely concerned with the police inaction regrding the arrest, detainment, torture, and death of Mr. Hafeel and requests an impartial inquiry into the incident conducted by an independent institute. OMCT also urges that the Sub Inspector of the Police of Perumbadappu Police Station and other perpetrators are suspended from service while the investigation is going on and requests the Kerala State Government to compensate the victim's family according to international standards. OMCT further urges the government of India to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station, which would require the government to ratify the Convention against Torture (CAT) and legislate upon it without delay
Action requested
Please write to the authorities in India urging them to:
i. guarantee that adequate reparation is provided to the family of
the diseased Mr. Hafeel;
ii. order a thorough and impartial investigation into the
circumstances of Mr. Hafeel's arrest, torture, and death in order to
identify those responsible, bring them to trial and apply the penal
and/or administrative sanctions as provided by law;
Addresses
Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati
Bhavan, New Delhi, INDIA, Fax: 91-11-(2)3017290 & (2)3017824
presidentofindia@rb.nic.in
Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's
Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-
11-23019545 / 91-11-23016857
Mr. L. K. Advani, Deputy Prime Minister, Minister of Home Affairs,
Minister of Personnel, Public Grievances and Pensions, North Block,
room 104, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 309
4221
National Human Rights Commission, Sardar Patel Bhavan, Parliament
Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-
mail: ionhrc@hub.nic.in
Justice A.S. Anand, Chairperson, National Human Rights Commission,
Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001,
India, e. mail. chairnhrc@nic.in
Mr. Soli Sorabjee, Attorney General of India, Office of the Attorney
General of India, Supreme Court of India, Tilak Marg, New Delhi-
110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10
Motilal Nehru Marg, New Delhi-110011,
Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014
Mr. N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No
104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202,
Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86
96
Please also write to the embassies of India in your respective country.
Geneva, March 15, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org
Arbitrary detention/Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by a AHRC-HK, a member of the OMCT network, of the police inaction on the case of a victim who died under police custody due to severe torture suffers in India.
According to the information received, there has been little police action 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.
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 alleged perpetrators include: 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, and 6. Mr. Vijayan, Police Constable 2108 of the Perumbadappu Police Station.
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, and there are Poorams (processions) from different localities. The Perumbadappu Police Station dispatched 29 police officers for the purpose of preventing fights.
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. Mr. Hafeel was then brought to the Perumbadappu Police Station where he was tortured severely. Due to the severe injuries caused by this torture, the police took Mr. Hafeel to the nearest Government Health Centre at Vadakkekad, and on the way to the hospital, Mr. Hafeel died at about 7:00 pm.
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 and strongly protested to the police about the case. 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. Despite the efforts of the human rights organizations in India to urge the government to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station for a long time, police inaction still occurs.
The Secretariat of the OMCT is gravely concerned with the police inaction regrding the arrest, detainment, torture, and death of Mr. Hafeel and requests an impartial inquiry into the incident conducted by an independent institute. OMCT also urges that the Sub Inspector of the Police of Perumbadappu Police Station and other perpetrators are suspended from service while the investigation is going on and requests the Kerala State Government to compensate the victim's family according to international standards. OMCT further urges the government of India to establish an independent investigation mechanism regarding the torture or custodial death cases at the police station, which would require the government to ratify the Convention against Torture (CAT) and legislate upon it without delay
Action requested
Please write to the authorities in India urging them to:
i. guarantee that adequate reparation is provided to the family of
the diseased Mr. Hafeel;
ii. order a thorough and impartial investigation into the
circumstances of Mr. Hafeel's arrest, torture, and death in order to
identify those responsible, bring them to trial and apply the penal
and/or administrative sanctions as provided by law;
Addresses
Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati
Bhavan, New Delhi, INDIA, Fax: 91-11-(2)3017290 & (2)3017824
presidentofindia@rb.nic.in
Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's
Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-
11-23019545 / 91-11-23016857
Mr. L. K. Advani, Deputy Prime Minister, Minister of Home Affairs,
Minister of Personnel, Public Grievances and Pensions, North Block,
room 104, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 309
4221
National Human Rights Commission, Sardar Patel Bhavan, Parliament
Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-
mail: ionhrc@hub.nic.in
Justice A.S. Anand, Chairperson, National Human Rights Commission,
Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001,
India, e. mail. chairnhrc@nic.in
Mr. Soli Sorabjee, Attorney General of India, Office of the Attorney
General of India, Supreme Court of India, Tilak Marg, New Delhi-
110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10
Motilal Nehru Marg, New Delhi-110011,
Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014
Mr. N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No
104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202,
Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86
96
Please also write to the embassies of India in your respective country.
Geneva, March 15, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org