|
India
723. By letter dated 26 March 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
724. Deben Sardar, a 46-year-old labourer, Sardarpara, Arabpur, Nadia district, West Bengal. On 12 October 2003, he was arrested with four of his friends by the Hogalberia police while they were playing cards in a public place for causing a public nuisance. They were not informed of the reasons for their arrest or the charges against them. Deben Sardar’s family was notified of his arrest only the next day when they were told that he was taken to the hospital at about 9.45 a.m.. He died at around 1.45 p.m.. The police claimed that he developed an illness while in custody which caused his death. However, Deben Sardar had no history of serious ailments prior to his arrest. His body was examined by the Sub-Divisional Officer of Tehatta who found at least two external injuries on his abdomen that had not been there prior to his arrest. No effective action had been taken by the police concerning this matter, and the post mortem report was to be released.
725. Ramesh Rajendra, a 20-year-old construction worker, Melatheru, Kalvettu village, Tamil Nadu. On 13 March 2003, he was taken with four other detainees to the Trichy Central Prison after a hearing at the Magistrate Court, Jayamkondam. They were forced to stand in a corridor facing the office of the Prison Jailor. Ramesh Rajendra was feeling weak and could not stand, so he sat down on the floor. The Prison Deputy Jailor hit him on the right thigh, accusing him of faking an illness, and a prison guard kicked him on the chest, making him spit blood. The beating went on for half an hour until his unconscious body was dragged away and thrown into a cell. He later died. On the morning of 14 March 2003, his body was transported to Trichy Governmental Hospital by unidentified officers. On 15 March 2003, both his wife and his father reportedly lodged a complaint to the Jayamkondam Police Station. The competent local authority refused to receive the complaint, though an unidentified plain clothes police officer offered to receive it before dismissing them. No investigation was conducted by the authorities and no criminal proceeding was ever initiated against persons responsible for his death.
726. By letter dated 16 April 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning Mr. Hafeel, aged 24. On 24 February 2004, he was arrested and taken into custody by the sub-inspector of police of the Perumbadappu Police Station, Malappuram district, Kerala. He was tortured to death within two hours of his arrest and later died while he was transferred from the Government Hospital, Vadakkekadu, to the Government Hospital, Kunnumkulam. Mr. Hafeel was a healthy person and had no history of serious ailments prior to his arrest. The police claimed that the victim died following severe injuries sustained during a fight with several Hindus at a festival site, and not because of police torture. Currently four police constables from the Armed Reserve Camp, Malappuram, have been suspended from service in relation to this case. The State crime branch took the case for investigation and the Crime Branch Deputy Inspector General is in charge of the investigation. No case has yet been registered against the perpetrators, and the sub-inspector of police allegedly responsible for the death is obstructing access to the case records at the police station.
727. By letter dated 21 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary execution, the Special Rapporteur notified the Government that he had received allegations concerning Soumyendu Mondal, aged 32. On 7 July 2004 at midnight, he was arrested without charges at his house by the police of Debra Police Station, Midnapur District, West Bengal, and died the same night. Several injuries were found all over his body. On 8 July 2004, the police informed his family that Mr. Mondal had died of a heart attack. His family filed a complaint at the local criminal court, asking for an inquiry into his death in custody. On 9 July 2004, in order to destroy evidence, the police attempted to burn the body but local villagers intervened and preserved it under ground. To justify the injuries, the superintendent of police claimed that Mr. Mondal had jumped out from the police jeep to escape from police custody on 7 July 2004. However, he did not indicate why Mr. Mondal was not produced before the local Magistrate Court after the arrest. The post-mortem reports were not made available to Mr. Mondal’s family. The police are threatening his family to remain silent about the entire incident.
728. By letter dated 4 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
729. Baburaj P. K., a 44-year-old sawmill owner in Koonammuchi, Kerala. On 20 April 2004, at 10am, two plain-clothes policemen of Guruvayoor Police Station entered Baburaj P. K.’s shop. In front of his employees, one of the policemen (whose name is known to the Special Rapporteur) started to slap Baburaj P. K. in the face, punched his mouth, and kicked him in the abdomen. Baburaj P. K. sustained a bleeding nose and mouth, lost two teeth, and fell down unconscious. More police officers arrived and he was arrested. He was taken to Pavaratty Police Station and put into a room. Several policemen, including the sub-inspector, forced Baburaj P. K. to stand up in the middle of the room, and he was punched and kicked by those present for at least ten minutes before he collapsed on the floor. Baburaj P. K. was then taken by police car to Guruvayoor Police Station, where he was locked up and charged with obstruction under article 353 of the Penal Code, which is not subject to bail. He was taken unconscious to the Government Hospital, Chavakkad, where he was immediately referred to the Medical College Hospital, Thrissur, because of the seriousness of his injuries. Instead of taking him to the hospital, Baburaj P. K. was returned to the police station. At 7 p.m., Baburaj P. K. was produced before the presiding officer of the District Consumer Forum, and released on bail. He was then taken by his family to the Royal Hospital, Kunnamkulam. Despite a complaint lodged by Baburaj P. K. against the policemen, no investigation has been made into this case.
730. S S, aged 14, Mohanpur, West Bengal. On 16 October 2003, a group of policemen came to his home searching for his brother. SS was arrested, verbally abused, and taken by jeep to Magrahat Police Station, South 24 Parganas District. At the lock-up, he was stripped. The policemen tied a brick to one end of a rope, and his penis and testicles to the other. S. S. was beaten with sticks and fists. As a result of the torture, he suffers pain in his penis and abdomen and urinates with difficulty. He was only brought before a court on 20 October 2003, and released on bail. No investigation has been carried out.
731. Satya Pal, Hayatpur, Hooghly, West Bengal. He is still an Under Trial Prisoner since he was arrested 25 years ago, and despite this status, he has not been brought before a court for the last 12 years. While in detention, Satya Pal, who is reported to be mentally ill, has not received appropriate treatment. On 24 July 1979, he was arrested in connection with a murder inquiry and detained at Khanakul Police Station, later remanded by the Sub-divisional Judicial Magistrate to Hooghly District Jail, and transferred to the Dum Dum Central Jail 15 months later, where he is currently detained and awaiting trial.
732. Kolavan, aged 60. On 8 February 2004, he went to Thrithala Police Station, Kerala, in connection with a complaint he had lodged against his brother. The sub-inspector asked Mr. Kolavan to withdraw the complaint, and struck him on the abdomen when he refused. Despite further threats from the sub-inspector, Mr. Kolavan did not yield, and was slapped on both his ears. He fell unconscious and when he awoke he was unable to stand or hear. The sub-inspector had obtained Mr. Kolavan’s fingerprints on blank sheets of paper by force. Two days after his release, he was admitted to the Government Hospital, Pattambi, with pain in his ears and abdomen, and symptoms of an infection of the urinary tract. He was transferred to the Nila Hospital for ear surgery. The hospital authorities informed the Circle Inspector of Police regarding his injuries and issued a certificate mentioning that the injuries were due to torture.
733. Jinesh, aged 32, Balusserry, Calicut, Kerala. On 16 February 2004, he was arrested by the Balussery police in connection with a charge of possessing illegal liquor. Mr. Jinesh was produced before a magistrate, who remanded him to custody, and he was taken to the District Sub-Jail, Calicut. On 19 April, the authorities denied his mother’s request to visit. The next day, a policeman from the Ba lussery station informed Mr. Jinesh’s mother that he had died in custody. When the family went to collect his body at the Beach Hospital, Calicut, the staff indicated that he had been brought in at 7.20 a.m. that morning. A post-mortem was conducted at the Calicut Government Medical College. There were injuries all over his body, including deep wounds on his face, on the back of his neck, hands and legs, and injuries to both eyes. An inquest was made by the Divisional Revenue Officer.
734. Mohammed Siddique, a lab technician, Malappuram, Kerala. On 15 January 2004 at 5 a.m. a group of policemen from Malappuram Police Station came to his house and arrested him. At the police station, Mohammed Siddique was assaulted and sustained internal injuries. The same day, Mohammed Siddique’s mother filed a complaint with the District Collector, as well as with the Superintendent of Police, but no action was taken. The next day, she filed a claim in the High Court of Kerala to have him produced in court, and the police brought Mohammed Siddique to the Malappuram Government Hospital for an examination. The doctor certified that his injuries were caused by torture. He was produced before the Judicial First Class Magistrate at midnight and remanded in custody. On 19 January, the High Court ordered Mohammed Siddique to be produced before the court and for the Malappuram Deputy Medical Officer to report on the detainee’s condition. The police filed an application for an extension of the remand, and finally he was produced before the court on 21 January. The court ordered Mohammed Siddique to be released on a bond and the Superintendent of Police to carry out an investigation. It also ordered the Manjeri District Sessions judge to conduct an inquiry. No action has been taken yet against the policemen involved.
735. Sri Tarun Mallick, aged 45, Srirampur, Hooghly district, West Bengal. On 10 April 2004, at around 5 p.m., several policemen came to his house and without warning he was dragged out of his bedroom, verbally abused, kicked and beaten with a wooden stick. Sri Tarun Mallick was then taken to the home of the sub-divisional police officer in Srirampur (whose name is known to the Special Rapporteur), where several policemen beat him again. The police took him back to his village, beating him on the way. At the village, Sri Tarun Mallick was tied with a rope, beaten with sticks and kicked by the policemen in public. He was forced to hold his ears and repeatedly stand and squat. He was taken to Srirampur Police Station and placed in the lock-up. On 11 April, Sri Tarun Mallick was produced in court and released on bail. Friends took him to the Walsh Hospital for treatment. On 15 April, Sri Tarun Mallick lodged a complaint with the Superintendent of Police of Hooghly against the concerned police officers.
736. Kamal Sharma, a 25-year-old security guard, Jangal Basti, Darjeeling district, West Bengal. On 6 February 2004, he was arrested by policemen of Fansideoa Police Station, Darjeeling district, in connection with a theft. He was not produced before the Sub-Divisional Judicial Magistrate, Silguri, until 9 February, and was remanded in custody for seven days. Kamal Sharma was placed in the lock-up of Fansideoa Police Station, together with another person. At 8 p.m. he was found in his cell, hanging by a rope made from a rug. He was taken to Fansideoa Hospital where he was declared dead, and the post-mortem examination was conducted at the North Bengal Medical College and Hospital. By order of the state government, neither the inquest nor the post-mortem reports have been made public, but his mother and sister reported having seen injuries on the victim’s body.
737. Khemala, a 35-year-old member of the Adivasi Mukti Sanhatana, Sendhawa, from the village of Gumdiya Khurd, Niwali, Badwani district, Madhya Pradesh. On 14 June 2003, he was arrested at his home in connection with a theft. At the police station, the policemen handcuffed and beat Mr. Khemala in front of other detainees, including his brother. Mr. Khemala vomited blood, and when his brother attempted to give him water, the local subdivisional officer kicked him in the stomach. Soon afterwards, Mr. Khemala fell unconscious and was taken to the local hospital and later to Badwani Government Hospital, where he was pronounced dead upon arrival. The police released the other detainees who had witnessed the beating, and ordered them not to return to the area for three or four months. 738. Shelia Gonmei, aged 26, and Akham Gonmei, aged 48, both of Mahakabuikhul, Namching, Senapati district, Manipur. On 26 September 2003, there was a village protest against the takeover of land by the Government of Manipur for the creation of a firing range for the Assam Rifles. Policemen of Imphal West Police Station beat the two women protesters, who belong to the indigeno us Rongmei community. Sheila Gonmei sustained a bleeding nose and bruises on both calves, and Akham Gonmei sustained bruises on both calves.
739. Refugees from Myanmar and asylum-seekers. On 12 November 2003, riot police used water cannons, electric batons and canes to forcibly disperse a group of 500 nationals of Myanmar, many already recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), who were staging a protest outside the UNHCR office in New Delhi. At least 25 of the demonstrators were injured. Many had sustained severe injuries, including head and chest injuries, bruised backs and legs, and broken bones. The police officers detained several hundred protesters at four different police stations. Most of them were released that night, but 24 protesters were sent to Tihal Central Jail and charged with rioting and obstructing the police. The New Delhi police commissioner declared a 30-day curfew, effective 12 November, in order to prohibit any gathering within 200 metres of the UNHCR office. On 13 November, after more than 100 protesters gathered again in front of the UNHCR office, police officers arrested another 20 persons and sent them to Tihal Jail.
740. Amit, aged 18, and Kulwant, aged 19, and four other persons living in Dakshinipuri colony, New Delhi. On 15 February 2004, around 10.30 a.m., when Amit and Kulwant entered the Greater Kailash colony on their way to work, a policeman in a parked police car beckoned to them and asked them to get in. Amit and Kulwant were taken to Chittaranjan Park Police Station, where four other persons from their neighbourhood were being held. Two policemen ordered them to pick up a broom, bucket and cloth and clean the police station. When Amit and Kulwant refused, the two police officers took them to a room and beat them. The remaining four persons cleaned the police station out of fear. Amit and Kulwant were released at 3 p.m., when their employer came and pleaded for their release.
741. R. M., aged 17, of Rampur village, West Bengal. On 27 January 2004, the Officer in- Charge of Sandeshkhali Police Station (whose name is known to the Special Rapporteur) was transporting a wounded man back to the police station. On the way, he detained R. M., a bystander watching the police convoy pass. He was beaten and taken without a memo of arrest. When he came to appeal for his release, the boy’s father was beaten as well. R. M. was detained until 7 April 2004, when he was released on bail. However, the charges against him are still pending in the courts.
742. Concerning the following persons from Vittukatti, Thiruthuraipoondi Taluk, Thiruvarur district,Tamil Nadu: Mohan Subbaiah, aged 39, Natarajan Nagooran, a 30- year-old labourer, Ravi Dhanikodi, a 39-year-old labourer, Vedanayagam Sivasami, a 28- year-old mechanic, Jayalakshmi Kalidas, aged 30, Tamilselvi Govindaraj, aged 39, Baskaran Kannaiyan, aged 36, and Sasikumar Damodaran, a 26-year-old electrician and plumber. In May 2003, the above-mentioned persons were detained for questioning in relation to a murder investigation, and tortured by police officers from the Thirukalar Police Station and the Thiruthuraipoondi Police Station, as well as the Thiruthuraipoondi All Women’s Police Station. In particular, the police officers (whose names are known to the Special Rapporteur) included deputy superintendents of police, inspectors, and sub-inspectors.
743. During his detention at Thirukalar Police Station from 9 May 2003 onward, Mohan Subbaiah was stripped naked and beaten with “lathis” (batons) on his elbows, knees and back. He was also slapped, punched and kicked. He sustained abrasions on the left side of his chest and over his right forearm. No visits were permitted during his six-day detention.
744. During his detention at Thiruthuraipoondi Police Station and later at Thirukalar Police Station from 10 May 2003, onward, Natarajan Nagooran was beaten with lathis on his back, buttocks and hands. During the first night of his detention he was forced to drink the urine of the deputy superintendents. The following day, the victim was forced to perform oral sex on another detainee and to kneel down, naked, for the entire night. During his detention he was verbally abused, punched in the face, had a needle inserted into a finger, his fingers were pulled backwards, his head was banged against a wall, and he was threatened with a gun. Natarajan Nagooran sustained abrasions over his left forearm and on the right side of his chest. No visits were permitted during his five-day detention.
745. During his detention at Thiruthuraipoondi Police Station from 10 May 2003 onward, Ravi Dhanikodi was verbally abused and repeatedly punched and hit with lathis on his face, shoulders and thighs. On the night of 11 May, he was stripped naked and hit and punched several times on his face and body. Ravi Dhanikodi was forced to stand with his knees bent and was continuously hit with lathis on his knees until he lost consciousness. When he regained consciousness, Ravi Dhanikodi was forced to sit against a wall, his legs apart, and two police officers stamped on his legs. On 12 May, Ravi Dhanikodi was again repeatedly hit with lathis below his hips, punched on his face and was then forced to perform oral sex and masturbate another detainee. Ravi Dhanikodi sustained abrasions on his left thumb and a scar on his right thigh. No visits were permitted during his five-day detention.
746. During his detention at Thiruthuraipoondi Police Station and later at Thirukalar Police Station from 10 May 2003 onward, Baskaran Kannaiyan was beaten with lathis on his hands, legs, knees, on his scrotum and on the soles of his feet. The victim was also forced to perform oral sex on the deputy superintendent and on another detainee. Other forms of illtreatment included being verbally abused, kicked, and threatened with a gun. He sustained abrasions on his left forearm and a scar on his left thigh. No visits were permitted during his six-day detention.
747. During his detention at the Thiruthuraipoondi Police Station and later at Thirukalar Police Station from 10 May 2003 onward, Vedanayagam Sivasami was subject to beatings at regular intervals, and sustained abrasions on the right side of his abdomen. No visits were permitted during his five-day detention.
748. During his detention at Thiruthuraipoondi Police Station and later at Thirukalar Police Station from 11 May 2003 onward, Sasikumar Damodaran was slapped on the cheek and threatened with beatings. On 12 May, Sasikumar Damodaran was stripped, forced to kneel down, and was beaten and kicked for more than two hours. On 13 May, he was stripped, slapped on the cheek and beaten. Sasikumar Damodaran suffered scars on his left eyebrow and his left forearm. No visits were permitted during his five-day detention.
749. During her detention at the Thiruthuraipoondi Police Station and later at the Thiruthuraipoondi All Women’s Police Station from 11 May 2003 onward, Jayalakshmi Kalidas was beaten with lathis on her arms and thighs. She sustained abrasions over the right side of her neck. She was allowed to receive a visit from a lawyer on 12 May.
750. During her detention at the Thiruthuraipoondi All Women’s Police Station from 12 May 2003 onward, Tamilselvi Govindaraj was beaten, slapped on the cheek, and had her ears pulled. She was forced to hold on to a pillar and was beaten on her thighs, legs and hands, threatened and verbally abused. Tamilselvi Govindaraj sustained abrasions on her left forearm and on the left side of the chest, and suffers from psychological problems and nightmares stemming from the detention. Her mother and a family friend were allowed to see her on 13 May around 11 p.m.. On 22 May, a complaint was lodged before the State Human Rights Commission, and on 26 August hearings were held. The results of the Commission’s investigation have not yet been disclosed. On 23 May, a complaint was sent to the Tamil Nadu State Commission for Women. In this connection, on 25 September, the Revenue District Officer of Mannargudi questioned Tamilselvi Govindaraj. The results of the investigation have not yet been disclosed.
751. Complaints were also submitted in relation to the other cases to the State Human Rights Commission and the District Collector of Thiruvarur, in May and August respectively. However, the findings have not been disclosed yet. No investigations have been carried out following a petition sent on 6 August to the Superintendent of Police of the Thiruvarur District.
752. Vijayalakshmi Ravichandran, a 24-year-old employee of a textile shop, Nagar Dharmapuri, Dharmapuri Taluk, Dharmapuri district, Tamil Nadu. From 7 to 11 June 2003, she was held in a locked room at the house of a police officer of Dharmapuri Police Station (whose name is known to the Special Rapporteur) because she was suspected of stealing jewellery from his house. There, Vijayalakshmi Ravichandran was hit with a club and a leather belt, pierced with needles on her fingertips, and her hair was cut. She was brought to the Dharmapuri Police Station on 14 and 15 June, and released in the evenings. At the police station, Vijayalakshmi Ravichandran was beaten on her back, thighs and hips by two policemen and by the sub-inspector of police (whose names are known to the Special Rapporteur), to make her sign a confession. According to her father, Vijayalakshmi Ravichandran had showed him a swollen hand as a result of the beating. On 17 June, at 11 a.m., Vijayalakshmi Ravichandran set fire to herself and her infant daughter. At Dharmapuri Government Hospital, where she had been taken to receive treatment, she filed a statement with the inspector of police. A First Information Report was registered against the two policemen, who were subsequently arrested and released on bail pending the investigation. Vijayalakshmi Ravichandran died of her burns 13 days later. To date, the results of the investigation have not yet been disclosed. On 15 September 2003, a complaint was submitted on behalf of Vijayalakshmi Ravichandran to the State Human Rights Commission.
753. V. L. Joy, a 32-year-old owner of a meat shop in Kurumbilavu village, Pazhuvil, Thrissur District, Kerala. At 8 p.m. on 20 May 2002, he was taken to Anthikkadu Police Station without being given the reasons for his arrest. After 20 minutes, he was taken to the office of the sub- inspector (whose name is known to the Special Rapporteur), who beat him for about 15 minutes. Afterwards, he was thrown into a cell. At around 11 p.m., his brother came to the police station, but the police denied him access to him or any information about his arrest. At 2 a.m. on 25 May, the sub-inspector brought V. L. Joy from his cell to his office, and again started beating him until he collapsed. He was denied water and access to a toilet, and was forced to drink his own urine before being locked up. Later the same day, his brother returned. The police forced Mr. V. L. Joy to sign some papers and threatened him if he should complain to anyone about his treatment during detention. Both were informed that Mr. V. L. Joy was charged with a petty offence, and he was ordered to go pay the fine at the court. After his release, Mr. V. L. Joy was taken to the Government Hospital, Cherpu, Thrissur, for his injuries. He contested the petty case against him, and also filed a complaint against the subinspector. The sub-inspector had reportedly been transferred to Anthikkadu Police Station from Wadakkanchery Police Station pending his appeal against a previous conviction for the assault of a prisoner.
754. By letter dated 4 August 2004, the Special Rapporteur notified the Government that he received allegations concerning:
755. Kanai Santra, a 38-year-old electrician, Chakdaulat-Kalitala Village, Muchisma Post Office, Nodakhali Police Station, South 24 Parganas district. On 23 May 2004 around 11 a.m. Kanai Santra was arrested by officers from the Nodakhali Police Station. He was not informed of the reasons, but his family was later told that he was suspected of the theft of ornaments from a nearby temple. His case was only brought before the Sub-divisional Judicial Magistrate Court, Alipur, Kolkata two days later, on 25 May 2004. He was not physically brought before the magistrate but only the legal papers were produced, allegedly a common practice in this court. While he was in the Alipur Court lock-up, Kanai Santra was beaten unconscious with sticks, fists and kicks by the lock-up guards. When the Nodakhali policemen came to take Kanai Santra to the police station, he was still unconscious, and was sent to the Bangur Government Hospital, Jadavpur, where he died at 8.40 p.m.. On 26 May 2004, an inquest found bruises and cuts to the left side of the chest, left eye, toes of the left foot, fingers of the right hand, the left wrist, and the left knee.
756. Sajeev, aged 47, the owner of an automobile spare parts shop, and Manoj, aged 38, an auto rickshaw driver, both of Thrissur, Kerala. At around 5 p.m. on 16 May 2004, Mr. Sajeev and Mr. Manoj were going to Thrissur from the eastern suburbs on a motorbike. At Kizhakumpattukara, outside of Thrissur, they were stopped by two policemen, one of whom was identified as the traffic sub-inspector of Thrissur Traffic Police Station (whose name is known to the Special Rapporteurs). Shortly after, four policemen, including the head constable (whose name is known to the Special Rapporteurs) arrived. The head constable slapped both of Mr. Sajeev’s ears simultaneously, and slapped Mr. Manoj. The two men were led away to a police car, where the policemen began to beat Mr. Sajeev. Mr. Manoj pleaded with the police to stop as Mr. Sanjeev had a heart condition. At this point the police started to beat him too. Upon arrival at the police station Mr. Sajeev died and his body was taken to the Elite Hospital, where he was pronounced dead. The medical inquest report stated that the cause of Mr. Sajeev’s death was cardiac arrest. Mr. Manoj was sent to the Government Medical College, Thrissur. He was treated for injuries to his ears and has hearing difficulties. The Deputy Inspector General of Police, suspended the policemen and ordered an inquiry into the incident.
757. By letter dated 13 August 2004, the Special Rapporteur notified the Government that he received allegations concerning:
758. Subramaniam Appadurai, a 39-year-old bookseller and part-time cook, Subburayan Nagar, 3rd Street, Kodambakkam, Chennai, Tamil Nadu. On 29 and 30 November 2002, he was detained at K. K. Nagar Police Station, Chennai, on suspicion of involvement in the Naxalite movement. Seven police officers, including an inspector (whose name is known to the Special Rapporteur) were involved in torturing Subramaniam Appadurai. He was forced to remove his pants and shirt and sit at the base of a cement pillar. One of the policemen pulled his arms and legs backwards. He was repeatedly kicked on his arms and legs while another policeman jumped on his left thigh. Other policemen beat him with lathis on his elbows, forearms and legs. The inspector ordered Subramaniam Appadurai to stand up, jump, and shake his hands, arms, and legs simultaneously. As a result of the treatment, he was unable to sit or squat, and he sustained a fractured left hip. He was examined and treated by a doctor at Kumaran Specialities Hospital, Chennai, on 5 December and underwent surgery for his hip the following day.
759. Dayanandan Diraviam Nadar, a 34-year-old grocery store manager, Vadalivilai Keezha Street, Kottar, Nagerkoil Taluk, Kanyakumari district, Tamil Nadu. On 28 March 2003 at about 12 p.m., the sub-inspector and two policemen (whose names are known to the Special Rapporteur), dragged him from his house to a place nearby. There he was stripped of his lungi, and repeatedly beaten and kicked. When Dayanandan Diraviam Nadar lost consciousness, he was taken to Kottar Police Station. He was detained there for 13 hours without access to a lawyer or family. He was beaten and kicked by the policemen on the back, arms and legs, and the sub- inspector sodomized him with a lathi. The torture was carried out as punishment for a lawsuit launched against the sub- inspector’s relative by Dayanandan Diraviam Nadar. He was examined by a doctor on 29 March at Kanyakumari Medical College, Nagercoil, and was treated for three days. According to the medical report, his injuries included abrasions on his left thigh, left leg, right buttock; contusions on his arms, right thigh, left ankle; difficulty hearing in the right ear; and pain in his pubic region, palms and chest. In early April 2003, complaints were sent to the Chief Minister of Tamil Nadu, the State Human Rights Commission, the Revenue Divisional Officer, Nagercoil, and the Director General of Police, Chennai, however no investigation has been carried out.
760. Thangam Muniyandi, a 31-year-old hospital janitor, Pattamal Kovil Colony, Sithayankottai, Dindigul district, Tamil Nadu. On 28 April 2003 he was detained at the D1 Tiruvallikeni Police Station, Chennai, on suspicion of theft. Five police officers (including one whose name is known to the Special Rapporteur) tortured him for 10 hours. Thangam Muniyandi was forced to remove his shirt and pants and was kicked in the abdomen. He was handcuffed and forced to lie down on the floor with his legs stretched. Two policemen stamped on his thighs, while another beat the soles of his feat with a lathi. This continued over five hours, after which time two other policemen beat him with lathis on his arms, legs, back, chest and buttocks. Large sticks were inserted under his arms, which were still handcuffed, and he was lifted up and beaten on the legs with lathis. He was revived with water after he fell unconscious and was beaten again. Thangam Muniyandi was verbally abused, threatened, slapped on the cheek, had his hair pulled and was spit on. He was examined at the Government District Headquarters Hospital, Dindigul on 10 May and discharged five days later. In August 2003, complaints were sent to the National Human Rights Commission, the Commissioner of Police, the Deputy Inspector General of Police, and to the National Commission for Scheduled Caste/Scheduled Tribes, however no investigation has been carried out.
761. Selvaraj Manickam, a 37-year-old truck driver, South Manickapuram Majanayakkanpatti village, North Manickapuram Post, Kulithalai Taluk, Karur district, Tamil Nadu. He was arrested on 6 June 2003 and detained for two days at the Pasupathipalayam Police Station, Karur, by the sub-inspector (whose name is known to the Special Rapporteur) and the head constable in connection with the theft of a load of iron rods. The policemen verbally abused and repeatedly beat him with a lathi on his back, buttocks, hands, wrists, ankles, knees and genitals. A toenail was pulled from his left foot, and a lathi was forced into his mouth. He sustained a fractured left leg. Selvaraj Manickam was denied access to a lawyer or family during his time in detention. On 7 June, a person came to the police station to apply ointment to his body. At midnight he was taken by a policeman to a hospital in Anna Circle, and on 8 June he was released late in the evening. He sought treatment immediately following his release, and was admitted to Karur Governmental Hospital on 13 June. A petition was filed on 13 June with the Assistant of the Collector, however no investigation has been carried out.
762. M. V. Babu, aged 38, Kallur village, Mukundapuram Thaluk, Thrissur, Kerala. On 30 August 2003 at 2.50 a.m., four policemen from Pudukkad Police Station arrived at his house and took him to the station in a police jeep. When M. V. Babu’s wife, accompanied by a local politician and a relative, went to the police station later that day, they found him in the lock-up, wearing only his underwear, and shivering on the floor. He indicated to them that he was beaten by the police. On 31 August, he was taken to Chalakudy magistrate court, charged in relation to a police raid for illicit liquor close to his home, was denied bail and remanded for 14 days in custody at the Sub-jail, Irinjalakuda, despite his health. On 1 September, M. V. Babu’s wife went to visit him, but was denied access to him. The police enquired whether he previously suffered from ill- health, to which she replied in the negative. On 2 September, she was informed that her husband was admitted to the Government Hospital, Chalakudy, and she was ordered first to go to the police station to sign some documents which she did not understand. At the hospital, she found M. V. Babu in the mortuary. The autopsy report indicated 13 injuries, including abrasions on the back of the right forearm, above the right wrist, below the right knee, below the left knee, on the left thigh, above the left wrist, the left elbow, upper left arm, and on the right side of the chest. The police said M. V. Babu was a drug addict and injured himself as a result of self- inflicted injuries in custody.
763. By letter dated 16 August 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning:
764. Rajavalli Chandrasekraran, aged 42, North Street, Thanjavur, Thanjavur District, Tamil Nadu, her daughter Vasanthi, and her nephew S. Selvaraj. In connection with complaints of harassment against policemen of the West Police Station, on 2 February 2002, the inspector of police and the head constable (whose name is known to the Special Rapporteur) entered her house in search of her. The head constable found her on the veranda of a neighbouring house and beat her on her back. He dragged her towards a vehicle by her saree, and threatened to kick her if she opened her mouth. Vasanthi was hit on her hands by the head constable when she intervened. On 24 April 2002, the sub-inspector, head constable, and two female police officers arrived at 1 a.m. with a warrant. The head constable woke her nephew, hit him and took him to the police station, ordering her to produce in the morning the anticipatory bail papers, which she claimed she had. S. Selvaraj was release at 5 p.m. the next day. At 1 a.m. on 5 June 2002, the sub- inspector of Thanjavur North Police Station, accompanied by three policemen (whose names are known to the Special Rapporteur) forced Rajavalli Chandrasekraran to remove the earrings worn by her daughter and her sister. When she refused, the sub- inspector and one of the policemen pulled off her saree, and forced her to sign blank pieces of paper saying that she stole the jewellery. The policemen placed gold jewellery brought from elsewhere and photographed and videotaped her with it. She was taken to Thanjavur Women’s Police Station at 2 a m , taunted that this was a punishment for the complaints she had filed, and was told to stop making complaints. Rajavalli Chandrasekraran was brought before the JM I Court at 6 p m , remanded to 15 days in custody at the Trichy Central Prison and released on bail on 12 June 2002.
765. Karuppi Sonai, aged 45, Pazhaya Theru, Kattuparamadudi, Paramakudi Taluk, Ramanathanpuram district, Tamil Nadu. From 25 November 2002 until her death on 30 November, she was shackled at Paramakudi Town Police Station to a table, kicked and beaten with PVC pipes and lathis on her head, back, hips and legs. Karuppi Sonai was pierced with needles in her fingertips and verbally abused. She was being questioned in connection with a theft investigation. During the period of her detention, she was not given access to legal assistance, and could communicate with her daughter and three other relatives briefly. On 1 December, a post-mortem examination at the Government Hospital, Paramakudi, revealed contusions, bruises and other injuries on the back side of the right ha nd, right upper arm, right shoulder, left leg, left ankle, behind the left foot, right knee, and front right side of her head. To date no investigation has been carried out.
766. Thangjam Manorama, also known as Henthoi, aged 32, Bamon Kampu, Imphal East District, Manipur. On 11 July 2004, troops of the 17 Assam Rifles forcibly entered her home at midnight, dragged her out of bed, and beat members of her family who tried to intervene. They then locked the door of the house from the outside, blindfolded and bound her hands and feet and beat her. At around 3.30 a.m., the family was issued a memo of arrest signed by the General Duty of the Assam Rifles and two other personnel (whose names are known to the Special Rapporteur). According to the memo, no incriminating evidence was found with Thangjam Manorama at the time of her arrest. The family was also forced to sign some papers that they did not understand, and were told by the army personnel that she would be handed over to the Irilbung police in the morning. The body of Thangjam Manorama was found around 5 p.m. by villagers at Kerirao Wangkhem Road, near Ngariyan Maring Village, 4 km from the family’s house. The body was not fully clothed, bore scratches, a knife wound to the right thigh, and bullet wounds on her back, upper buttock and genitals. A post-mortem was conducted on 11 July at the Regional Institute of Medical Sciences, Imphal, but not according to the National Human Rights Commission’s guidelines, and the family called for an independent post-mortem. The spokesman of 9 Sector Assam Rifles said on 11 July that Thangjam Manorama was a member of the banned Peoples Liberation Army (PLA), and was shot dead when she tried to flee while leading the Assam Rifles to a PLA hide out. It was also stated that she was found with a wireless radio, a hand grenade, and incriminating documents at the time of her arrest, contrary to the arrest memo.
767. By letter dated 20 September 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on violence against women, and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, the Special Rapporteur notified the Government that he had received allegations concerning the situation of the Manipuri indigenous communities in some of areas of Manipur. Following the news of the death of Ms. Thangjam Manorama (see above), a number of demonstrations took place where a number of people protested against her murder and requested a prompt and fair investigation. During the demonstrations, several people suffered from tear gas used by the police and one person, Ms. Kangjam Memita, died as a result. The Special Rapporteurs express their concern regarding the allegations of excessive use of force and intimidation by the police and other military personnel, the mass arrests of protesters, the way the arrests were carried out, as well as the basis for the charges against those detained.
768. By letter dated 17 September 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary- General on human rights defenders, the Special Rapporteur notified the Government that he had received allegations regarding members of the Jangipara branch of the Association for Protection of Democratic Rights (APDR), a human rights organization in West Bengal working for the promotion of democratic rights. On 21 August 2004, human rights defenders from the APDR who had assembled for a peaceful street meeting in Hooghly to protest alleged repression by the State were attacked by 50 or 60 local members of the Communist Party of India (CPIM). They were punched, beaten with poles, kicked and verbally abused. Although a number of people participating in the meeting rushed to a police station to seek help, none of the police officers posted nearby came to stop the violence or to arrest the perpetrators. Sri Amitadyuti Kumar, vice-president of APDR, and Gautam Munshi, treasurer of the Hooghly District Committee, were among the victims who were later treated in Walsh Hospital, Srirampur.
769. By letter dated 5 October 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations concerning:
770. A group of 500 nationals of Myanmar, cited in a previously transmitted communication (see above).
771. On 20 March 2004, police officials used excessive force during a march held by the Association of Parents of Disappeared Persons (APDP) in Srinagar, Jammu and Kashmir. The demonstrators were planning to present a memorandum to the United Nations Military Observers Group, calling upon the United Nations Working Group on Enforced or Involuntary Disappearances to take notice of the cases of "disappearance" in the State and to punish those responsible. The march was dispersed by the police. The participants were hit with canes and women were dragged by their hair, beaten and had their clothes ripped off. Witnessing this use of excessive force by the police on women, some passers-by and local shopkeepers started to throw stones at police officials. Several APDP members, human rights defenders as well as family and friends of the "disappeared" were arrested and taken into police custody for unlawful assembly and assault of police officers, including APDP members Perveena Ahangar, Pervez Imroz, Bilal Mohammad Bhatt, Yasin Rah and Umtoo. After seven hours in custody, they were released on bail.
772. By letter dated 5 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
773. Lilabati Chowdhury, a member of the ethnic Dalit community, Pakamati-Mohula village, Murshidabad, West Bengal. On 7 August 2004 around midnight, Lilabat Chowdhury, seven months pregnant, was beaten with batons and verbally abused by policemen of Beharampore Police Station. They came to her home in search of her husband. She was admitted to Baharampur Block Hospital, Karnasubarna, with serious injuries. She was visited by several uniformed policemen who threatened her not to speak to anyone about the incident.
774. Raja Mondal, South Colony, New Jalpaiguri, West Bengal. On 11 September 2004, he was arrested by officers of Silguri Police Station in connection belonging to a criminal gang. He was not brought before the local magistrate. According to the police, he committed suicide by drinking wood polish in his cell. It is reported that access to this would be highly unusual in the lock-up.
775. By letter dated 30 November 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations concerning Rafiq Maqbool, a journalist with the Associated Press, and Amin War of the national newspaper The Tribune. On 25 September 2004, police beat them with rifle butts and bamboo batons while they were covering a demonstration in Srinagar. Rafiq Maqbool was beaten on his back and arm, and both men received medical treatment for their injuries. The deputy general of the local police has ordered an official inquiry into the attack on the journalists.
776. By letter dated 30 November 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
777. Gulzar Ahmed Daded, aged 21, Sangerwani, Pulwama District, Kashmir. On 25 June 2004, he was among villagers protesting against a death in custody when he was beaten unconscious by police officers. He vomited blood and was taken to the Sher- i-Kashmir Institute of Medical Science, Srinagar, where he died on 4 July 2004.
778. Shibu, aged 30, Karuvachadu, Aruvilamchal, Kunthipara, Idukki district, Kerala. On 11 October 2004 at 2. 30 p.m., he was arrested near Viyyur Church with two other men by police officers and taken to Thrissur Town West Police Station. On 12 October, Mr. Shibu was found dead in a filled tub in the staff washroom. It is reported that his body was covered with cuts and bruises, including on his head, ear, chest and abdomen. The police alleged that he had committed suicide. His body was taken to a nearby hospital and declared dead, and a post-mortem was carried out by a police surgeon. The family is demanding an independent investigation.
779. By letter dated 30 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
780. The inhabitants of Chon village, Budgam, and Nadigam village, Shopian, both in Pulwama district, Kashmir. On 6 May 2004, following a boycott of area elections by the villagers, personnel of the 35th Rashtriya Rifles arrived and beat the inhabitants. The troops entered the houses in Chon village and assaulted villagers, including Ms. Taja Sheikh, Ms. Zeba Sofi and Ms. Haleema Sofi. In Nadigam village, Shopian, soldiers based at the Nagisharan camp entered the home of the sisters Shagufta and Rubina Shah, assaulting them and looting their jewellery. A complaint was lodged with the State Human Rights Commission.
781. Mohamad Amin, Pazalpora village, Sopore, Baramullah district, Kashmir. On 23 June 2004, he was arrested on his way to Dooru High School, Sopore, by members of the army’s 16th Independent Armoured Brigade and taken to Uri. On 24 June he was left at Sangrama, Sopore, suffering from serious injuries inflicted by the soldiers. He was taken to the hospital for treatment. A First Information Report was lodged at Sopore Police Station.
782. H. A., aged 17, Handwara town, Kupwara district, Kashmir. On 2 July 2004, she was picked up by police from her school and interrogated and beaten for three hours. After her release, she was admitted to the hospital with lash wounds, broken bones, damaged tendons and muscles.
783. Arif Ahmad Khan, aged 19, Arihal-Wangat, Dooru. On 9 July 2004, he was arrested by personnel of the 49th Rashtriya Rifles and taken into custody. He was beaten, sexually assaulted and released. A First Information Report was lodged at Dooru Police Station.
784. Sharavanan, aged 24, a labourer belonging to the Dalit community, Valiyavattom, Njarackal, Ernakulam district, Kerala. On 22 September 2004, he was arrested by two policemen from Njarackal Police Station in relation to a theft inquiry. He was interrogated by the sub-inspector (whose name is known to the Special Rapporteur), who struck him on the chest until he fell unconscious. Several hours later, he was interrogated by the probationary sub-inspector who, together with four policemen, beat him until the early hours of 23 September to extract a confession. His hands were bound by chains behind him, and hewas punched and slapped on the stomach, chest, back and head. Urine was forced into his mouth and his feet were struck with a cane as he lay on the floor. The beatings continued over a period of eight days. The police took photos of Sharavanan with different items that they accused him of stealing. On 30 September, he was taken to the local Government hospital at Njarackal and later transferred to the General Hospital, Ernakulam on 5 October. He sustained serious injuries to his organs, including difficulty in passing urine and impaired vision.
Urgent appeals
785. On 15 September 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Special Representative of the Secretary-General on human rights defenders concerning Umakanta Meitei, an indigenous human rights defender from Manipur. According to the allegations received, on 9 September 2004 at approximately 2.30 p.m., he was arrested without charges by a Manipur police commando, Central Reserve Police Force, Indian Reserve Battalion, as he was leaving his residence. After being threatened with a gun and blindfolded, he was beaten and taken to jail. He suffered injuries to his head, legs and chest. Umakanta Meitei was reportedly released the same day at approximately 7.30 p.m.
786. By letter dated 23 September 2004, the Government responded that it strongly disagreed that Mr. Meitei was characterized as an “indigenous” human rights defender. India is a land with an ancient culture and history, comprising people of different faiths, languages, customs, tribes, etc. The Government does not recognize any separate category of its citizens as “indigenous” people. It is also not aware of an internationally accepted definition of an “indigenous” person, nor of the competence of the special rapporteurs to make a determination on this matter. On receipt of the necessary correction and clarifications to the urgent appeal, the Government will make all efforts to have the allegation examined.
787. The Special Rapporteur refers to the letter dated 6 October 2004 by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Special Representative of the Secretary-General on the situation of human rights defenders. The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people noted therein that the term indigenous is in fact used interchangeably with other terms, such as “aboriginal”, “native”, “original”, “first nations”, “tribal”, or other similar concepts. He has noted that the absence of an international definition does not prevent the international community for constructive action. While analysing the information regularly brought to his attention, the Special Rapporteur takes into consideration the four principles adopted in 1995 by the Working Group on Indigenous Populations, which included the question of self-identification, as well as recognition by other groups as a distinct collectivity. This was the case of the above-mentioned communication. The Special Representataive considers that any person striving toward the protection or promotion of human rights to be a human rights defender in the context of this activity.
Follow-up to previously transmitted communications
788. By letter dated 10 September 2004, the Government provided information concerning Mohammed Maqbool Mir (E/CN.4/2001/66, para. 539). The Government informed that investigations revealed that on 14 July 1998, a report was lodged at the Rattan police station to the effect that he was taken by troops on 13 July 1998 from Check Seri for questioning. During the interrogation he confessed that he had concealed some arms in Gadwani Nalla. He was then taken to the hidden cache, and while digging he picked a grenade and hurled it at the investigation team in order to escape. The team retaliated, which resulted in his death. A First Information Report was lodged at the police station. The medical investigations carried out revealed that death was caused due to a bullet wound, and there was no other mark of violence on the body. The allegations of torture in custody have been found to be false and baseless.
789. By letter dated 11 October 2004, the Government provided information concerning:
790. Abdul Hamid Wani ( E/CN.4/2004/56/Add.1, para. 684). The Government informed that he and another man were arrested by officers of the Nowgam Police Station on suspicion of possession of illegal arms and ammunition. On 1 December 2002 the police found him hanging in his cell but still breathing and delivered him to Ahmed Hospital. He was transferred to SKIMS Hospital, where he died. The Magisterial enquiry into the matter established physical torture and suppression of evidence by the concerned officials at the Nowgam Police Station, whereupon the Station House Officer and a sub-inspector were suspended. The process for granting compensation is going on.
791. Nadukaruppasami (ibid, para. 685). The Government informed that Nadukaruppusamy was arrested at 5 p.m. on 5 December 2002 on suspicion of a series of thefts. When Nadukaruppusamy led the Sathy Police to a hiding place in Seerangankarandu, they had to climb up a hill. The accused slipped, fell and sustained injuries. He was immediately taken to the Government hospital, where he was declared dead. The allegations of torture and ill-treatment are false and groundless.
792. By letter dated 11 October the Government provided information concerning Dhanajit (ibid, para. 699). The Government informed that he was arrested by personnel of the Assam Rifles for being an activist of the illegal organization, United National Liberation Front (UNLF). On 31 July 2003, at the time of being handed over to Singjamei Police Station, he bore no signs of torture or physical abuse, and this was certified by a medical certificate issued by the Chief Medical Officer. He was put in custody in connection with a First Information Report under the Arms and Explosives Act on 1 August and subsequently released on bail on 29 November 2003. According to his family, Dhanajit stayed overnight in the house of his elder brother and left on 30 November without saying anything. According to his father and brother, he might have joined the UNLF again after his release on bail.
793. By letter dated 19 October 2004 the Government provide information concerning:
794. Ghulam Nabi Dar (E/CN.4/2002/76/Add.1, para. 642). The Government informed that the army personnel in question detected movement of unknown persons while patrolling in Arampora Village of Budgam District. When approached, these persons fired on the troops, who in turn fired back. One person was found injured and provided with first aid by the army. A First Information Report was lodged at the police station in Budgam. Mr. Nabi Dar was not found to be involved directly or indirectly in any subversive activities or affiliated with any militant group.
795. Journalists Kumaramanglam, Sanam Anjum, Syed Muzaffar, Sheikh Mushtaq,
Faya Kabuli, Fayaz Ahmed, Nassir Ahmed, Bilal Bhat, Ajaz Rahi, Mehraj-u-din, Shujat
Bhukhar, Tauseef Mustafa, and Missar Ahmed (ibid, para. 639). The Government
informed that on 9 May 2001 a mine blast took place at Magam near a Border Security Force
Battalion, in which 10 persons were killed and 14 injured. On 10 May, when visiting the place
of the incident, several media persons were injured and their equipment was damage. A First
Information Report has been registered against the Battalion and the investigation is
continuing.
Back to Contents
Honduras
Indonesia
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.