India
03.11.04
Urgent Interventions
India: custodial death of Mr. Shibu
Case IND 031104
Death in custody/ Alleged 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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the custodial death of Mr. Shibu in India.
According to the information received, Mr. Shibu, 30 years old, residing in Karuvachadu House, Aruvilamchal P.O., Kunthipara, Idukki District, Kerala, India, was arrested along with two other men (Shaji, 30 years old and Sasi, 43 years old) near the Viyyur Church by a police patrol led by Circle Inspector N. Krishnankutty Pillai at 2:30 pm on 11 October 2004.
The police reportedly claim to have received information about the men trafficking drugs. It is also claimed by the police that they seized 3 kilograms of cannabis at the time of the three men’s arrest. However, according to the information, Mr. Shibu’s family reported that the victim had had no criminal record.
Following the arrest, the police took Mr. Shibu and the others to the Thissur Town West Police Station. According to the information, early on the morning of 12 October 2004 Mr. Shibu’s body was found in a water tub, suggesting that Mr. Shibu had committed suicide. The body was covered with bruises, cuts, and blood clots, indicating that he had been brutally tortured prior to his death. Injuries were found on his head, ear, chest, and abdomen.
The police reportedly maintained that Mr. Shibu was restless after his arrest and he committed suicide out of shame. The circumstances surrounding his death are according to the information, questionable. Firstly, Mr. Shibu was permitted to take a bath in the facilities that were exclusively for police station staff, despite there being separate facilities for detainees. Secondly, Mr. Shibu was taken to the staff facilities by female constables, which is an unusual practice. Thirdly, the police, without any provocation, broke open the door of the facilities, whereupon Mr. Shibu’s body was soon removed, after showing no signs of life. The police immediately took Mr. Shibu to a nearby private hospital, where a doctor declared Mr. Shibu dead. Afterwards, an autopsy was soon performed on the body, though it was performed by a police surgeon. The report from the autopsy has not been released.
According to the information received, the circumstances surrounding Mr. Shibu’s death strongly suggest that he died due to the brutal torture committed by police officers at the Thrissur Town West Police Station.
The International Secretariat of OMCT is gravely concerned by Mr. Shibu’s death in police custody and the subsequent alleged attempts to cover up the circumstances in which his death has occurred. OMCT calls on the Indian authorities to immediately launch a thorough and impartial investigation into the circumstances of Mr. Shibu’s arrest and death, to identify those responsible and to bring them to justice. OMCT equally urges the authorities to ensure that adequate compensation is awarded to Mr. Shibu’s family.
Action requested:
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of Mr. Shibu’s arrest and subsequent death in custody, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
ii. guarantee that adequate compensation is awarded to Mr. Shibu’s family;
iii. ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of India in your respective country.
Geneva, 3 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death in custody/ Alleged 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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the custodial death of Mr. Shibu in India.
According to the information received, Mr. Shibu, 30 years old, residing in Karuvachadu House, Aruvilamchal P.O., Kunthipara, Idukki District, Kerala, India, was arrested along with two other men (Shaji, 30 years old and Sasi, 43 years old) near the Viyyur Church by a police patrol led by Circle Inspector N. Krishnankutty Pillai at 2:30 pm on 11 October 2004.
The police reportedly claim to have received information about the men trafficking drugs. It is also claimed by the police that they seized 3 kilograms of cannabis at the time of the three men’s arrest. However, according to the information, Mr. Shibu’s family reported that the victim had had no criminal record.
Following the arrest, the police took Mr. Shibu and the others to the Thissur Town West Police Station. According to the information, early on the morning of 12 October 2004 Mr. Shibu’s body was found in a water tub, suggesting that Mr. Shibu had committed suicide. The body was covered with bruises, cuts, and blood clots, indicating that he had been brutally tortured prior to his death. Injuries were found on his head, ear, chest, and abdomen.
The police reportedly maintained that Mr. Shibu was restless after his arrest and he committed suicide out of shame. The circumstances surrounding his death are according to the information, questionable. Firstly, Mr. Shibu was permitted to take a bath in the facilities that were exclusively for police station staff, despite there being separate facilities for detainees. Secondly, Mr. Shibu was taken to the staff facilities by female constables, which is an unusual practice. Thirdly, the police, without any provocation, broke open the door of the facilities, whereupon Mr. Shibu’s body was soon removed, after showing no signs of life. The police immediately took Mr. Shibu to a nearby private hospital, where a doctor declared Mr. Shibu dead. Afterwards, an autopsy was soon performed on the body, though it was performed by a police surgeon. The report from the autopsy has not been released.
According to the information received, the circumstances surrounding Mr. Shibu’s death strongly suggest that he died due to the brutal torture committed by police officers at the Thrissur Town West Police Station.
The International Secretariat of OMCT is gravely concerned by Mr. Shibu’s death in police custody and the subsequent alleged attempts to cover up the circumstances in which his death has occurred. OMCT calls on the Indian authorities to immediately launch a thorough and impartial investigation into the circumstances of Mr. Shibu’s arrest and death, to identify those responsible and to bring them to justice. OMCT equally urges the authorities to ensure that adequate compensation is awarded to Mr. Shibu’s family.
Action requested:
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of Mr. Shibu’s arrest and subsequent death in custody, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
ii. guarantee that adequate compensation is awarded to Mr. Shibu’s family;
iii. ensure the respect of human rights and 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 , Tel: +91 11 23015321, Fax: + 91 11 23017290 / 23017824, E-mail: presidentofindia@rb.nic.in
- Justice A. S. Anand, Chairman, National Human Rights Commission, Sardar Patel Bhaven, Sansad Marg, New Delhi 110 001, INDIA , Tel: + 91 11 23346244, Fax: + 91 11 2336653; E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in
- Mr. Buddhadeb Bhattacharyya, Chief Minister and Home Minister, Government of West Bengal, Writers Buildings, Kolkata-1, West Bengal, INDIA, Fax: +91 33 2214 5480
- Mr. Shyamal Kumar Dutta, Director General & Inspector General of Police, Government of West Bengal, Writers Buildings, Kolkata-1, West Bengal, INDIA, Fax: +91-33-2214 4498 / 2214 5486, Email: padgp@wbpolice.gov.in
- Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhavani Bhavan, Alipur, Kolkata-27, West Bengal, INDIA, Fax: +91-33-2479 9633, Email: wbhrc@cal3.vsnl.net.in
Please also write to the embassies of India in your respective country.
Geneva, 3 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.