India
29.04.04
Urgent Interventions
India: torture and death in custody of Mr. Jinesh
Case IND 290404
Torture / Death in custody
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 torture and death in custody of Mr. Jinesh (32), from Panangadu PO, Balusserry, Calicut, on April 20th, 2004, in the District Sub Jail, Calicut, Kerala.
According to the information received, Mr Jineh had previously been charged with possessing a small quantity of liquor without proper records by the Balusserry Police Station (Criminal case no. 49/2000). The case is pending before the Fast Track Court, Calicut. Mr. Jinesh was reportedly not responding to summons issued by the court concerning this case. On February 16th, 2004, the police arrested him and produced him before the Magistrate who remanded him in custody at the District Sub Jail in Calicut.
On April 19th, 2004, Mr. Jinesh's mother Gouriyamma went to jail to visit her son. However, the jail authorities flatly denied her written request to see him without giving her any justifying reasons. She returned home and made arrangements for bailing out her son.
On April 20th, 2004, a police constable from the Balusserry Police Station called Mr. Jinesh's mother and reported that her son had died in custody. The victim's uncle Mr. Sankaran and his cousin Mr.Biju immediately went to the District Sub Jail, but they were told from the jail authorities that Mr. Jinesh’s body could be collected from the Beach Hospital, Calicut. When they went to the hospital, the hospital authorities told them that the jail staff brought the victim to the hospital that morning at 7:20 am and that he had been dead for some time prior to his arrival at the hospital. The victim's relatives allege that the Mr. Jinesh corpse had been left unattended on the floor.
Following this, an inquest was conducted by the Revenue Divisional Officer at the direction of the District Collector. The police registered a case of unnatural death. There were severe injuries all over the body of the victim. Some of them were apparently fatal. There were deep wounds on his face, the back of his neck, and his hands and legs. Both his eyes were badly damaged. Blood was found clotted in nostrils. The body was covered with bruises. It is believed that Mr. Jinesh was tortured to death while in custody by members of the authorities who were trying to extract a confession from him. According to the victim's family, Mr. Jinesh was quite healthy and had no physical or mental ailments at the time of his arrest. He was not under any medical treatment at the time.
The International Secretariat of OMCT is gravely concerned by these allegations of torture resulting in custodial death. OMCT calls on the Indian authorities to immediately order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law and to guarantee that adequate reparation is provided to Mr. Jinesh’s family.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into these allegation of torture resulting in the death in custody of Mr. Jinesh, 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 Mr. Jinesh’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
· Shri. A.P.J. Abdul kalam, President of India, Rashtrapathi Bhavan, New Delhi –110001 INDIA, Fax: + 91 11 23017290 / 23017824, e-mail: presidentofindia@rb.nic.in
· Shri Justice A S Anand, Chairperson, National Human Rights Commission of India, Sardar Patel Bhawan, Sansad Marg, New Delhi - 110 001, INDIA, Fax: +91 11 2 334 0016, e-mail: mailto:chairnhrc@nic.in
· Mr. A. K. Antony, Chief Minister of Kerala, Room No.141, IIIrd Floor, North Block, Secretariat, Thiruvananthapuram, Kerala State, INDIA, Fax: +91 471 2 333682, e-mail: chiefminister@kerala.gov.in
· Mr. K.M. Mani, Minister for Revenue and Law, Kerala State, Room No.216, 3rd Floor, North Sandwitch Block, Government Secretariat, Thiruvananthapuram, Kerala State, INDIA, Fax: +91 471 2 327876, e-mail: minister-revenue@kerala.gov.in
Please also write to the embassies of India in your respective country.
Geneva, April 29th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Death in custody
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 torture and death in custody of Mr. Jinesh (32), from Panangadu PO, Balusserry, Calicut, on April 20th, 2004, in the District Sub Jail, Calicut, Kerala.
According to the information received, Mr Jineh had previously been charged with possessing a small quantity of liquor without proper records by the Balusserry Police Station (Criminal case no. 49/2000). The case is pending before the Fast Track Court, Calicut. Mr. Jinesh was reportedly not responding to summons issued by the court concerning this case. On February 16th, 2004, the police arrested him and produced him before the Magistrate who remanded him in custody at the District Sub Jail in Calicut.
On April 19th, 2004, Mr. Jinesh's mother Gouriyamma went to jail to visit her son. However, the jail authorities flatly denied her written request to see him without giving her any justifying reasons. She returned home and made arrangements for bailing out her son.
On April 20th, 2004, a police constable from the Balusserry Police Station called Mr. Jinesh's mother and reported that her son had died in custody. The victim's uncle Mr. Sankaran and his cousin Mr.Biju immediately went to the District Sub Jail, but they were told from the jail authorities that Mr. Jinesh’s body could be collected from the Beach Hospital, Calicut. When they went to the hospital, the hospital authorities told them that the jail staff brought the victim to the hospital that morning at 7:20 am and that he had been dead for some time prior to his arrival at the hospital. The victim's relatives allege that the Mr. Jinesh corpse had been left unattended on the floor.
Following this, an inquest was conducted by the Revenue Divisional Officer at the direction of the District Collector. The police registered a case of unnatural death. There were severe injuries all over the body of the victim. Some of them were apparently fatal. There were deep wounds on his face, the back of his neck, and his hands and legs. Both his eyes were badly damaged. Blood was found clotted in nostrils. The body was covered with bruises. It is believed that Mr. Jinesh was tortured to death while in custody by members of the authorities who were trying to extract a confession from him. According to the victim's family, Mr. Jinesh was quite healthy and had no physical or mental ailments at the time of his arrest. He was not under any medical treatment at the time.
The International Secretariat of OMCT is gravely concerned by these allegations of torture resulting in custodial death. OMCT calls on the Indian authorities to immediately order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law and to guarantee that adequate reparation is provided to Mr. Jinesh’s family.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into these allegation of torture resulting in the death in custody of Mr. Jinesh, 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 Mr. Jinesh’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
· Shri. A.P.J. Abdul kalam, President of India, Rashtrapathi Bhavan, New Delhi –110001 INDIA, Fax: + 91 11 23017290 / 23017824, e-mail: presidentofindia@rb.nic.in
· Shri Justice A S Anand, Chairperson, National Human Rights Commission of India, Sardar Patel Bhawan, Sansad Marg, New Delhi - 110 001, INDIA, Fax: +91 11 2 334 0016, e-mail: mailto:chairnhrc@nic.in
· Mr. A. K. Antony, Chief Minister of Kerala, Room No.141, IIIrd Floor, North Block, Secretariat, Thiruvananthapuram, Kerala State, INDIA, Fax: +91 471 2 333682, e-mail: chiefminister@kerala.gov.in
· Mr. K.M. Mani, Minister for Revenue and Law, Kerala State, Room No.216, 3rd Floor, North Sandwitch Block, Government Secretariat, Thiruvananthapuram, Kerala State, INDIA, Fax: +91 471 2 327876, e-mail: minister-revenue@kerala.gov.in
Please also write to the embassies of India in your respective country.
Geneva, April 29th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.