India
23.10.03
Urgent Interventions
India: the continuing impunity of Anthikkadu Police Station Sub-inspector, M. I. Baby
Case IND 231003
Arbitrary and incommunicado detention / Torture / 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 arbitrary arrest and torture of Mr. V. L. Joy, and the continuing impunity of the alleged perpetrator of these human rights violations, Mr. M. I. Baby, in India.
According to the information received, at approximately 7 p.m. on May 20th, 2002, Mr. V. L. Joy, proprietor of a meat shop in Thrissur, was called over to the jeep of Mr. M. I. Baby, the Sub-inspector of Police (SIP) of the Anthikkadu Polic Station. When Mr. Joy approached the jeep, the SIP began to shout at him and ordered him to get in the vehicle. The SIP asked Mr. Joy if he drank alcohol, and he replied no. The SIP brought him to the Alappad Government Hospital for a blood alcohol test, and the examining doctor, Dr. Subrahmanian, gave him a clean bill of health.
At around 7:50 p.m. Mr. Joy was taken to the Anthikkadu Police Station and told to remain there. Mr. Joy was not informed of why he had been brought to the station or of any official charges against him. After 20 minutes, Mr. Joy was brought to the Sub-inspector's table. The Sub-inspector dialled a local phone number (273724) and placed the receiver on the table. Then the Sub-inspector began to beat Mr. Joy brutally, shouting at him, "Where was the meeting held? Haven't you divulged in the tea shop about me sleeping at Sathi's place?" After assaulting Mr. Joy for about 15 minutes, the SIP picked up the phone and asked "Isn't it enough?" Mr. Joy was then thrown into a cell. At around 11:00pm, Mr. Joy's brother, Mr. Joshy, came to the police station. However, the police did not allow him to meet with his brother and refused to inform him of any official charges against his brother or give reason for his detention.
Mr. Joy was not brought before the court. While the victim was in police custody, he was not provided with adequate or regular food. The victim was not allowed to wear proper clothes nor allowed to talk to anyone. His family was not permitted to meet with him and he was threatened by the police.
By 2:00am May 25th, the SIP dragged the victim from the cell up to his room. The victim begged for water, which he was denied. The victim asked permission to go to the toilet, which was also denied. Instead he was asked to urinate into a small vessel. Then, the SIP started beating him brutally. As a result of the assault, the victim suffered internal and external injuries and finally collapsed on the floor. When the victim pleaded for water again, the SIP immediately took the vessel containing urine and drained it into the victim's mouth and shouted, "This is your food for the day." Then he dragged the victim to the adjoining room and locked the room from the outside. Later on May 25th, 2002, Mr. Joshy again came to the police station to see his brother. The police forced the victim to sign some blank papers and told him that he would face severe consequences if he ever complained to anybody about his treatment. Mr. Joshy was also made to sign some blank papers. Both were informed that the victim was charged with a petty offence. The victim was ordered to go to court and pay the fine.
After his release, Mr. Joy was suffering from his injuries and was taken to the government hospital in Cherpu, Thrissur. He received medical treatment and was discharged the next day. Mr. Joy contested the petty case against him and he also filed a complaint against Sub-inspector M. I. Baby. The case is still pending. It is alleged that the reason for the arrest and torture of the victim was that the SIP thought Mr. Joy was aware of his illicit relationship with a local woman.
The International Secretariat of OMCT is particularly concerned that nearly one and a half years after these events, Sub-inspector of Police M. I. Baby continues to enjoy impunity. OMCT urges the Indian authorities to order a prompt, thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also calls on the authorities to ensure that adequate reparation is provided to the victims of these violations.
Background information concerning the alleged perpetrator
Sub-inspector M. I. Baby has a notorious history of torture. He was previously serving at the Wadakkanchery Police Station. There, he assaulted a victim while in custody. The victim filed a complaint before the local court and an inquiry was ordered. In that case, the victim was forced to eat human excreta. Following an investigation by his superiors in the police department, Mr. M. I. Baby was transferred to the Anthikkadu police station, where he has now tortured Mr. Joy. In the former complaint against this officer, the local magistrate had convicted him on a charge of assault and sentenced him to one-year's imprisonment. He has filed an appeal against the conviction and the appeal is pending. Under the current law, an officer who has committed a crime is allowed to continue his job in the police force until the final court of appeal rules that he is guilty. It is common in India that the cases against perpetrators drag on for a very long time, during which time they continue their service in the police and are even sometimes promoted.
Action requested
Please write to the authorities in India urging them to:
i. order a prompt, thorough and impartial investigation into the circumstances of these events, in order to confirm the 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 victims of these abuses;
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
· 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
· 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. 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
· 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, October 23rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary and incommunicado detention / Torture / 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 arbitrary arrest and torture of Mr. V. L. Joy, and the continuing impunity of the alleged perpetrator of these human rights violations, Mr. M. I. Baby, in India.
According to the information received, at approximately 7 p.m. on May 20th, 2002, Mr. V. L. Joy, proprietor of a meat shop in Thrissur, was called over to the jeep of Mr. M. I. Baby, the Sub-inspector of Police (SIP) of the Anthikkadu Polic Station. When Mr. Joy approached the jeep, the SIP began to shout at him and ordered him to get in the vehicle. The SIP asked Mr. Joy if he drank alcohol, and he replied no. The SIP brought him to the Alappad Government Hospital for a blood alcohol test, and the examining doctor, Dr. Subrahmanian, gave him a clean bill of health.
At around 7:50 p.m. Mr. Joy was taken to the Anthikkadu Police Station and told to remain there. Mr. Joy was not informed of why he had been brought to the station or of any official charges against him. After 20 minutes, Mr. Joy was brought to the Sub-inspector's table. The Sub-inspector dialled a local phone number (273724) and placed the receiver on the table. Then the Sub-inspector began to beat Mr. Joy brutally, shouting at him, "Where was the meeting held? Haven't you divulged in the tea shop about me sleeping at Sathi's place?" After assaulting Mr. Joy for about 15 minutes, the SIP picked up the phone and asked "Isn't it enough?" Mr. Joy was then thrown into a cell. At around 11:00pm, Mr. Joy's brother, Mr. Joshy, came to the police station. However, the police did not allow him to meet with his brother and refused to inform him of any official charges against his brother or give reason for his detention.
Mr. Joy was not brought before the court. While the victim was in police custody, he was not provided with adequate or regular food. The victim was not allowed to wear proper clothes nor allowed to talk to anyone. His family was not permitted to meet with him and he was threatened by the police.
By 2:00am May 25th, the SIP dragged the victim from the cell up to his room. The victim begged for water, which he was denied. The victim asked permission to go to the toilet, which was also denied. Instead he was asked to urinate into a small vessel. Then, the SIP started beating him brutally. As a result of the assault, the victim suffered internal and external injuries and finally collapsed on the floor. When the victim pleaded for water again, the SIP immediately took the vessel containing urine and drained it into the victim's mouth and shouted, "This is your food for the day." Then he dragged the victim to the adjoining room and locked the room from the outside. Later on May 25th, 2002, Mr. Joshy again came to the police station to see his brother. The police forced the victim to sign some blank papers and told him that he would face severe consequences if he ever complained to anybody about his treatment. Mr. Joshy was also made to sign some blank papers. Both were informed that the victim was charged with a petty offence. The victim was ordered to go to court and pay the fine.
After his release, Mr. Joy was suffering from his injuries and was taken to the government hospital in Cherpu, Thrissur. He received medical treatment and was discharged the next day. Mr. Joy contested the petty case against him and he also filed a complaint against Sub-inspector M. I. Baby. The case is still pending. It is alleged that the reason for the arrest and torture of the victim was that the SIP thought Mr. Joy was aware of his illicit relationship with a local woman.
The International Secretariat of OMCT is particularly concerned that nearly one and a half years after these events, Sub-inspector of Police M. I. Baby continues to enjoy impunity. OMCT urges the Indian authorities to order a prompt, thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also calls on the authorities to ensure that adequate reparation is provided to the victims of these violations.
Background information concerning the alleged perpetrator
Sub-inspector M. I. Baby has a notorious history of torture. He was previously serving at the Wadakkanchery Police Station. There, he assaulted a victim while in custody. The victim filed a complaint before the local court and an inquiry was ordered. In that case, the victim was forced to eat human excreta. Following an investigation by his superiors in the police department, Mr. M. I. Baby was transferred to the Anthikkadu police station, where he has now tortured Mr. Joy. In the former complaint against this officer, the local magistrate had convicted him on a charge of assault and sentenced him to one-year's imprisonment. He has filed an appeal against the conviction and the appeal is pending. Under the current law, an officer who has committed a crime is allowed to continue his job in the police force until the final court of appeal rules that he is guilty. It is common in India that the cases against perpetrators drag on for a very long time, during which time they continue their service in the police and are even sometimes promoted.
Action requested
Please write to the authorities in India urging them to:
i. order a prompt, thorough and impartial investigation into the circumstances of these events, in order to confirm the 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 victims of these abuses;
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
· 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
· 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. 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
· 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, October 23rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.