India
14.10.03
Urgent Interventions
India: the continuing impunity of the perpetrators of torture and an extrajudicial execution in October 2002
Case IND 081003
Arbitrary arrest and detention / Torture / Extrajudicial execution / Impunity
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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the continuing impunity of the perpetrators of torture and an extrajudicial execution in October 2002 in India.
According to the information received, on October 30th, 2002, 38-year-old Mr. Velraj, of the Ervadi Village, Tirunelveli district, Tamilnadu, was reportedly arrested at his house by four Special Branch police constables from the Ervadi Police Station. According to Manjula, the victim's wife, the four police constables barged into Velraj's house at around midnight and dragged him out into a police jeep. Mr. Welraj, the helper of a local fish merchant called Arunachalam, belongs to the Dalit (lower Caste) and had no previous criminal record.
The next morning at around 6:00 am, Manjula went to the Ervadi police station to ask about her husband. The policemen told her that Velraj was not brought to the police station and that they did not know him. But at about 10:00 am Mr. Sudalaikannu, a liquor shop owner, told Majula that Velrraj had died in police custody. She rushed to the Taluk Headquarters, Nanguneri, where she saw the dead body of her husband. He reportedly had a swollen face and testicles and bruises on his left shoulder. The local police dragged Manjula and other onlookers out of the Taluk Headquarters.
It was later found that six other persons has also been arrested along with Velraj on October 30th, 2002 on charges of “cheating, trying to sell noxious food and attempting to commit a criminal offence” (IPC 420, 273, 511). They were all later released without filing a charge sheet. It is alleged that the police arbitrary arrested Arunachala, Velraj's employer, who had a record of selling liquor in the past, in order to increase the count of cases. Velraj was also arrested because he happened to work with him. It is reportedly common for the police in Tamilnadu to arrest and falsely charge innocent persons at random for cases pending inquiry. In order to extract a confession statement, the police often resort to torture.
Despite the family's repeated requests, they could neither see Velraj’s post-mortem report, nor they could access the inquest report of the victim's case conducted by the Sub Divisional Magistrate. The police claimed that Velraj died of cardiac arrest while he was in custody. However, it was revealed that the victim had no history of any illness, and his wife stated that the victim had no previous heart condition. Furthermore, the injuries on Velraj's body have not been explained. The victim's family believes that Velraj died after being tortured by the police.
The four police constables from the Ervadi Police Station who arrested the victim and the Inspector of police who was present in the police station while Velraj was tortured in custody are responsible for the custodial death of Velraj and should have been prosecuted for custodial torture. However, these police constables were subsequently transferred to the Crime Investigation Department, which is considered as being a promotion.
Manjula and her five children are reportedly living in desperate conditions since Velraj's death, because he was the breadwinner of the family. The relevant documents required to initiate action against the perpetrators were not given to the victim's family, despite repeated requests. The victim's family made a complaint to the National Human Rights Commission, but the case is still pending (File number: 965/22/2002-2003).
The International Secretariat of OMCT is gravely concerned by the extrajudicial execution of Mr. Velraj in October 2002 and by the continuing impunity enjoyed by the perpetrators of the torture that allegedly resulted in his death. The alleged perpetrators have even received a promotion since these events. OMCT calls upon the authorities to launch a prompt and impartial investigation into the allegations of arbitrary arrest, torture and resultant extrajudicial execution of Mr. Velraj, in order to bring those responsible to justice and provide adequate reparation to the victim's family.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the allegations of torture and the circumstances of Mr. Velraj’s death, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the Mr. Velraj’s family;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, INDIA, Fax: 91-11-23017290 & 23017824, e-mail: 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, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 + 23017419
· 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
· Dr. 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. Sorabjee Soli Jehangir, 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
· Shri N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No 104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
· Ambassador 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, October 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Torture / Extrajudicial execution / Impunity
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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the continuing impunity of the perpetrators of torture and an extrajudicial execution in October 2002 in India.
According to the information received, on October 30th, 2002, 38-year-old Mr. Velraj, of the Ervadi Village, Tirunelveli district, Tamilnadu, was reportedly arrested at his house by four Special Branch police constables from the Ervadi Police Station. According to Manjula, the victim's wife, the four police constables barged into Velraj's house at around midnight and dragged him out into a police jeep. Mr. Welraj, the helper of a local fish merchant called Arunachalam, belongs to the Dalit (lower Caste) and had no previous criminal record.
The next morning at around 6:00 am, Manjula went to the Ervadi police station to ask about her husband. The policemen told her that Velraj was not brought to the police station and that they did not know him. But at about 10:00 am Mr. Sudalaikannu, a liquor shop owner, told Majula that Velrraj had died in police custody. She rushed to the Taluk Headquarters, Nanguneri, where she saw the dead body of her husband. He reportedly had a swollen face and testicles and bruises on his left shoulder. The local police dragged Manjula and other onlookers out of the Taluk Headquarters.
It was later found that six other persons has also been arrested along with Velraj on October 30th, 2002 on charges of “cheating, trying to sell noxious food and attempting to commit a criminal offence” (IPC 420, 273, 511). They were all later released without filing a charge sheet. It is alleged that the police arbitrary arrested Arunachala, Velraj's employer, who had a record of selling liquor in the past, in order to increase the count of cases. Velraj was also arrested because he happened to work with him. It is reportedly common for the police in Tamilnadu to arrest and falsely charge innocent persons at random for cases pending inquiry. In order to extract a confession statement, the police often resort to torture.
Despite the family's repeated requests, they could neither see Velraj’s post-mortem report, nor they could access the inquest report of the victim's case conducted by the Sub Divisional Magistrate. The police claimed that Velraj died of cardiac arrest while he was in custody. However, it was revealed that the victim had no history of any illness, and his wife stated that the victim had no previous heart condition. Furthermore, the injuries on Velraj's body have not been explained. The victim's family believes that Velraj died after being tortured by the police.
The four police constables from the Ervadi Police Station who arrested the victim and the Inspector of police who was present in the police station while Velraj was tortured in custody are responsible for the custodial death of Velraj and should have been prosecuted for custodial torture. However, these police constables were subsequently transferred to the Crime Investigation Department, which is considered as being a promotion.
Manjula and her five children are reportedly living in desperate conditions since Velraj's death, because he was the breadwinner of the family. The relevant documents required to initiate action against the perpetrators were not given to the victim's family, despite repeated requests. The victim's family made a complaint to the National Human Rights Commission, but the case is still pending (File number: 965/22/2002-2003).
The International Secretariat of OMCT is gravely concerned by the extrajudicial execution of Mr. Velraj in October 2002 and by the continuing impunity enjoyed by the perpetrators of the torture that allegedly resulted in his death. The alleged perpetrators have even received a promotion since these events. OMCT calls upon the authorities to launch a prompt and impartial investigation into the allegations of arbitrary arrest, torture and resultant extrajudicial execution of Mr. Velraj, in order to bring those responsible to justice and provide adequate reparation to the victim's family.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the allegations of torture and the circumstances of Mr. Velraj’s death, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the Mr. Velraj’s family;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, INDIA, Fax: 91-11-23017290 & 23017824, e-mail: 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, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 + 23017419
· 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
· Dr. 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. Sorabjee Soli Jehangir, 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
· Shri N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No 104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
· Ambassador 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, October 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.