On Soni Sori

Killing them softly

On Jan 16 2011 TOI reported from Goa:

A citizen Jowett D’Souza has written a letter to the Agasaim police station asking them to register a case of custodial death in the case of Cipriano Fernandes. He has also asked them to book the Panaji police inspector and two other police personnel in the case. The First Information Report has not yet been registered by the Agasaim police as the case is with the sub-divisional magistrate (SDM).

There was a follow up report in TOI the next day:

NGO Utt Goenkara and family of the alleged custodial death victim, Cipriano Fernandes, met the chairman of the state police complaints authority (SPCA) on Monday morning demanding that the police personnel involved in the ‘torture’ of the 38-year-old victim be suspended till the inquiry is complete.

Other than the demand for suspension of the police personnel involved in the case, the memorandum submitted by Cipriano’s cousin, Cosme Fernandes, to the SPCA chairman E Silva also puts on record the family’s version of the chronology of events from the day of the victim’s arrest on January 7 till his death two days later.

Cosme has said in his representation that Cipriano was not taken for a medical check up after his arrest under Section 151 of Cr PC as required by the law and has alleged that third degree method was used on Cipriano while in police custody. “Cipriano was badly beaten up in the private car hired by the police when he was picked up from Porvorim on January 7 and he was physically assaulted in police custody as well using third degree methods on the night of his arrest. We will not take Cipriano’s body into possession till justice is done and a fair inquiry is complete,” Cosme said.

Cosme told Silva that Cipriano never suffered from convulsions as claimed by the police on the day of his arrest. The relative has said that the convulsions were caused due to ‘police torture’. Utt Goenkara members too demanded a thorough inquiry into the case by the SPCA. The NGO has said that Cipriano was admitted to the Goa Medical College in a state of unconsciousness by the police on January 9, which was two days after his arrest.

There was yet another report in TOI on the same day saying that a request for a second autopsy was turned down on purely technical grounds:

The sub-divisional magistrate, Sabaji Shetye, has turned down a request made by alleged custodial death victim Cipriano Fernandes’ family for a second postmortem, stating that it is not necessary.

The 38-year-old victim’s cousin, Cosme Fernandes, speaking to TOI said that they have demanded a second postmortem to rule out any attempts to hush the case. “We want a second opinion to be sure that the postmortem has recorded all the necessary facts.” Advocate Jatin Naik of NGO Utt Goenkara, added, “If there is a second autopsy, by comparing the two reports investigators will be able to tell if the results are accurate or there are discrepancies, which will establish any attempt to hush the case.”

SDM Shetye, who has been overseeing the inquiry in the case, told TOI on Monday that he does not feel the need for a second autopsy. “They have only made an oral request.”

In what might seem to be the final report from TOI on this matter, we find a bland politicially correct statement from the Chief Minister of Goa even as the whitewash is completed:

Stating that under no circumstances the police can beat up anybody, even in custody, chief minister Digambar Kamat said that action would be taken in such cases.

To a query on the Cipriano Fernandes case, the chief minister said that the sub-divisional magistrate is inquiring into the matter and that Dy SP Bousseut D’Silva will also complete his preliminary report within the next two days.

Meanwhile, the histopathology examination test reports of Cipriano Fernandes have revealed that he was suffering from infection as well as heart ailment.

Sources said that several inflammatory cells were noticed in the various organs of Fernandes on which a three-member team of doctors from Goa Medical College and Hospital’s pathology department conducted the histopathological examination, which suggests that the person did not die due to trauma. “About 75% of his left coronary arteries were blocked and he was suffering from severe infection when he died,” the histopathology report reveals.

However, the Goa Herald begs to differ:

Even as Head of Pathology Department at the Goa Medical College (GMC) Hospital Dr R G Wiseman Pinto says that the histopathology report prepared by a GMC panel has concluded that the internal organs of Cipriano Fernandes showed disease pathology and not trauma, it cannot be conclusive evidence to claim that Cipriano died of natural causes.

It is important to determine what precipitated Cipriano’s death within such short span of time, said a forensic expert attached to a Government hospital, pointing out that the histopathology report alone cannot alone be the deciding factor of death.

Dr Pinto, who headed the panel that prepared the histopathology report, told Herald today that there was presence of disease in different organs such as the kidney, left coronary artery, heart, lung and brain of the deceased, and that the histopathological examination had revealed that he died a “natural death”.

But the forensic expert, who spoke to Herald on condition of anonymity, said that even if it is true that Cipriano’s organs showed presence of pathological disease, it is important to find what precipitated that process while he was in police custody.

An extent of injury or gravity of head injuries suffered by the deceased (the autopsy report apparently says that two head injuries were found) would prove crucial in deciding the exact cause of death, regardless of existing disease conditions, the forensic expert pointed out.

Jan 31, 2011

Goa Herald reports:

Head of Forensic Department of Goa Medical College and Hospital (GMCH) Dr Silvano Sapeco on Monday deposed before the State Police Complaints Authority (SPCA) in the custodial death of Cipriano Fernandes.

The doctor has confirmed that Cipriano suffered two fatal head injuries.

“Injuries 6 (middle portion of the head) and 7 (left portion) were individually and collectively fatal in the ordinary course of nature. That is, impact by a blunt object had caused external and internal damage…” Dr Sapeco said in his statement to SPCA Chairman Justice Eurico Santana da Silva.

Sapeco and a team of forensic doctors had conducted post-mortem on Cipriano’s body. The head injuries, he said, were within 0 to 36 hours prior to Cipriano’s death at GMCH.

“…The impact of the blunt and elongated object over the head had caused external injuries 6 and 7, which in turn caused internal damage to the brain in the manner of oedema (swelling) and venous (congestion) of the brain,” he added.