URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

8 October 2003

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UA-62-2003: INDIA: Victims arbitrarily arrested and manhandled by Kattakada police and damage caused to property

INDIA: Illegal police raid, arbitrary arrest, torture, loss of property and police violence
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Kerala police, India, have arbitrarily arrested 19 persons and caused damage to their property. Your urgent action is required to pressure local authorities to correct this violation.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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Name of the victims:1. Mr. Ajeer; 2. Ms. Junaida aged 32; 3. Ms. Shiyas aged 10, s/o Junaida; 4. Ms. Ramla aged 45; 5. Ms. Nadeera aged 32; 6. Ms. Shakeela aged 30; 7. Ms. Sainaba aged 32; 8. Ms. Subaida aged 55; 9. Ms. Shanida aged 18; 10. Master. Nias aged 11, s/o Junaida; 11. Mr. Khajimoideen aged 39; 12. Mr. Mohamed Ajir aged 25; 13. Mr. Shefi aged 23; 14. Mr. Shibu aged 25; 15. Mr. Bukhari aged 27; 16. Mr. Biju aged 29; 17. Mr. Salim aged 36; 18. Mr. Shafiq aged 21; 19. Mr. Amir aged 21

Perpetrators: Police officers in charge of the Kattakada Police station, Thiruvanandapuram, Kerala

DETAILED INFORMATION:

After a direction from the Kerala High Court, the State government enforced a rule relating to wearing of helmets for two-wheeler travelers in the state from 1 September 2003.

Since then the police have been conducting random checks at public roads and started booking travelers on two wheelers who were not wearing helmets. On 28 September the police from the Kattakada Police station, Thiruvanandapuram Dictrict, Kerala State were conducting random checks on the public road near Killi, which is within the limits of the same police station. The first victim was riding his motorcycle without wearing the helmet and when the police asked him to stop he tried to drive away. Immediately one of the police constables threw a lathi (stick provided to the state police made of hardened cane) at Mr. Ajeer. The stick hit him on the back of his head, causing bleeding.

Seeing this brutal act some of the passers-by protested, which resulted in a scuffle between the police and the public. The police later took Mr. Ajeer to the hospital. But the local police kept a vengeance against the public agitation; they registered a case where the accuseds were portrayed as "several people who can be identified" on charges of interfering with police duty. The police on 5 October on the pretext of searching for those accuseds whom they could identify on sight raided a dozen houses at Killi.

The raid was conducted at daybreak, with the police forcefully opening the doors and destroying household articles within the rooms and shouting and terrorizing the residents. The police manhandled the children and women, injuring victims no. 2-10. The police also arrested victims 11-19. They were taken to Kattakada Police station and were manhandled in custody. The injured are now hospitalized.

SUGGESTED ACTION:

Please send a letter, fax or email to the local authorities to express your concern on this case. A sample letter is attached.

Please send a letter, fax or e-mail to:

1. Shri. A.P.J. Abdul kalam,
President of India,
Rashtrapathi Bhavan,
New Delhi ¡V 110001
INIDA
Tel: +91 11 23015321
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in

2. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi - 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016
E-Mail: chairnhrc@nic.in

3. Mr. M. M. Pareedu Pillai
The Chairman
Kerala State Human Rights Commission
Arka Njlayam, M.P. Appan Road
Vazhuthacaud, Thiruvananthapuram 695014,
Kerala State
INDIA
Tel: +91 471 2 337263 / 337145 (direct) 313950
Fax: +91 471 2 2337148
Email : kshrctvpm@vsnl.net

4. Mr. A. K. Antony
Chief Minister of Kerala
Room No.141, IIIrd Floor, North Block, Secretariat,
Thiruvananthapuram,
Kerala State
INDIA
Tel: +91 471 2 333812, 332184 (O) / 314853, 317051 (H)
Fax: +91 471 2 333682 (O) / 333489 (H)
E-mail: chiefminister@kerala.gov.in

5. 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
Tel: +91 471 2 327876, 327976
Fax : +91 471 2 327876
E-mail: minister-revenue@kerala.gov.in

6. Mr. Justice Jawhar Lal Gupta
Chief Justice, Kerala High Court
Chief Justice's Residence,
Retd. Justice K.T. Koshy Avenue,
Kochi - 682 011,
Kerala State
INIDA
Tel: +91 474 2 397049, 354350
Fax: +91 474 2 352504

7. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: <mailto:secrt.hchr@unog.ch>secrt.hchr@unog.ch

SUGGESTED LETTER:

Dear

I am writing to you with regard to yet another incident of arbitrary police raids in Kerala, India. While conducting the raid on 5 October, the police officers ignored all rules of arrest and search and used brutal force on innocent people. Children and women were attacked by the police and were injured in the police action.

The reason for the raid was the irresponsible behaviour by a police officer of Kattakada police station on 28 September, which resulted in public protest. The manner in which the motorcycle rider was stopped, by having a stick thrown at his head, is an example for the ignorance and disregard for human life by the police in the country.

The police action is condemnable and the victims should be compensated for the injuries sustained and loss suffered. I urge you to take immediate steps to punish the officers responsible and bring justice to the victims. I also urge the Government of India to ratify the Convention Against Torture and to legislate upon the convention by taking steps to prevent any further brutal police actions in the country.

Yours sincerely

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Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)