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URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
13 April 2004
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UA-36-2004: INDIA: Kerala police assault victim for marrying
businessman's daughter
INDIA: Illegal arrest and detention, torture
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Dear friends
The Asian Human Rights Commission has received information regarding
the illegal arrest, torture and detention of Mohammed Siddique, a lab
technician in Malappuram, Kerala, India. Mohammed was arrested on 15
January 2004 after marrying Femina, daughter of Kunhimoosa in December
2003. The officers who arrested him told Mohammed that he would be
released after the marriage was cancelled and he signed some blank
papers. Mohammed was tortured during his detention and suffered from
serious injuries, which were certified by a doctor.
AHRC is gravely concerned by the behavior of the Malappuram police.
This case should be investigated immediately and the perpetrators
suspended and prosecuted. The Indian government must take steps to
ensure that the rule of law is upheld, especially by the police, the
enforcers of the law. Your urgent action is required in this case to
ensure that justice is served.
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of victim: Mohammed Siddique
Place of incident: Malappuram police station, Kerala, India
Name of perpetrators: Deputy Superintendent of Police Mr. P V Moosa,
Deputy Inspector General Y Anil Kumar and other Malappuram police
officers
Date of incident: 15-21 January 2004
In December 2003, Femina daughter of Kunhimoosa, while studying for her
BA degree at the Providence college in Calicut of her own will decided
to marry Mohammed Siddique, a lab technician. Femina's father is a
business magnate far wealthier than the bridegroom's family.
On 9 December 2003 Femina and Mohammed jointly served a notice under
the Special Marriage Act and then went to Siddique’s brother's house in
Malappuram on December 14. With the help of a panchayat member
Kuttippa, this information was given to Femina’s sister. Under the
direction of the Deputy Inspector General (DIG) Y. Anil Kumar, a police
party came and searched Siddique's brother's house, but the couple had
already fled. Malappuram Deputy Superintendent of Police Mr.P.V. Moosa
led the police party.
Subsequently the couple entered a marriage agreement at the Melattoor
sub-register office. Then under the Veliyamchery Mosque committee, one
advocate Ameen was appointed as guardian and the marriage ceremony was
performed. Femina’s father then filed a habeas corpus petition [WP (CR)
no.3/04] before the High Court of Kerala. Simultaneously, Afthiri,
Femina's sister, filed a missing person's complaint with the Malappuram
Police station [Fir No 491/2003].
While the police were searching for the couple, Mohammed and Femina
filed a petition complaining of police harassment [W.P.(C)No.39989/03].
Additionally, Mohammed Siddique filed anticipatory bail before the
Kerala High Court vide B.A. No 3067/03, but the prosecution stated that
no case was registered against him.
Since the habeas corpus petition was still pending, both Mohammed and
Femina went to court and as per the submission from both counsels, a
discussion was held in the chamber in the presence of both parties.
Then Femina informed the court that she is willing to go with her
father.
On 15 January 2004 a police party from the Malappuram station came to
Siddique ‘s house at 5 am and took him into custody, where he was
brutally assaulted and sustained internal injuries. The Deputy
Superintendent of Police Mr. M V Moosa demanded that the arrestee would
be released only if the following conditions were fulfilled:
1. The marriage should be cancelled.
2. The photos taken in the marriage ceremony should be handed over to
the police.
3. The marriage agreement must be cancelled.
4. The arrestee should put his signature on some blank papers.
Later the same day (January 15) Mohammed’s mother lodged a complaint
before the District Collector as well as the Superintendent of Police,
but no action was initiated. So on the next day, January 16, she filed
W.P.(Cr) No.16 of 2004 S before the High Court of Kerala. This was done
to have the son produced in court, since the police had earlier denied
the arrest. On the same day the police brought Mohammed to the
Malappuram Government Hospital for an examination. The doctor who
examined him has certified that his injuries were caused by torture.
The police then forcefully obtained a discharge order from the hospital
and produced Mohammed before the Judicial First Class Magistrate at
about midnight, whereupon he was remanded. On January 19 the High Court
ordered Mohammed to be produced before the court, but the police were
not amenable to this and instead filed an application for extension of
remand. The High Court had issued an order to the Malappuram Deputy
Medical Officer (DMO) to report the present condition of the detainee
in a sealed envelope. Moreover it was specifically mentioned in the
order to produce the detainee before the court if he is able to move.
The police finally produced the victim before the court on January 21
and the court ordered him to be released after executing a bond worth
Rs. 25000/- and with a condition not to leave the State without
sanction from the court. The court also issued orders entrusting the
Malappuram Superintendent of Police for a proper investigation of the
case. The court directed the Manjeri District Sessions judge to conduct
an inquiry into the onslaught on the victim by the Malappuram police on
and after January 15.
So far a statement has been taken from Femina by the judge. The couple
presently live together with Mohammed’s family. Not a single action has
been taken against any of the police officers who were responsible for
the inhuman activities. Mr.P. V Moosa who actively took part in the
incident has been transferred to the crime department due to the
direction of the Election Commission to transfer all officers from
their native place for conducting fair elections.
SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below to express
your concern at this case.
1. Shri. A.P.J. Abdul kalam
President of India
Rashtrapathi Bhavan,
New Delhi -110001
INIDA
Tel: +91-11-23016767 (Joint Secretary), 23014507 (Personal Secretary)
Fax: + 91 11 23017290 / 23017824
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in
2. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, 1st Floor,
Sansad Marg, New Delhi - 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016/ 336 6537 / 334 4113
E-Mail: chairnhrc@nic.in
3. Mr. Justice V.P.Mohan Kumar
The Chairperson
Kerala State Human Rights Commission
Arka Njlayam, M.P. Appan Road
Vazhuthacaud, Thiruvananthapuram -14,
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. 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
Sample letter:
Dear
RE: Kerala police assault victim for marrying businessman's daughter
I have received information regarding the illegal arrest, torture and
detention of Mohammed Siddique, a lab technician in Malappuram, Kerala,
India. Mohammed was arrested on 15 January 2004 after marrying Femina,
daughter of Kunhimoosa in December 2003. The officers who arrested him
told Mohammed that he would be released after the marriage was
cancelled and he signed some blank papers. Mohammed was tortured during
his detention and suffered from serious injuries, which were certified
by a doctor.
At midnight on January 16 Mohammed was produced before the Judicial
First Class Magistrate whereupon he was remanded. On January 19 the
High Court ordered for Mohammed to be produced before the court, but
the police were not amenable to this and instead filed an application
for extension of remand. The High Court had issued an order to the
Malappuram Deputy Medical Officer (DMO) to report the present condition
of the detainee in a sealed envelope. The police finally produced the
victim before the court on January 21 and the court ordered him to be
released. The court also issued orders entrusting the Malappuram
Superintedent of Police for a proper investigation of the case.
I am gravely concerned by the behavior of the Malappuram police. This
case should be investigated immediately and the perpetrators suspended
and prosecuted. The Indian government must ratify the Convention
against Torture, Inhuman and Cruel or Degrading Treatment or Punishment
and enforce its provisions in domestic legislation.
Yours sincerely
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Urgent Appeals Programme
Asian Human Rights Commission
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