Alleged acts of torture against Mr. Mohit Ram in police custody - Fear for his safety

Torture/ Fear for physical integrity/ Impunity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Nepal.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source about the alleged acts of torture against Mr. Mohit Ram while in police custody and the fear for his psychological and physical integrity as he remains detained in the same police detention centre.

According to the information received, Mr. Mohit Ram, a 30 year-old house painter and permanent resident of Biratnagar sub-Metropolitan city-16, Majhuwa Tole, Morang district, was arrested at about 3:00 a.m. on 29 October 2007 while he was sleeping at his friend, Mr. Shrawan Chaudhari's home at Biratnagar sub-Metropolitan city - 7, Morang district. He was arrested on the charge of robbery by a team of eight-nine police personnel from the District Police Office (DPO), Morang, led by police inspector Mr. Kedar Khadka. The police also searched the house of Mr. Shrawan Kumar and seized a homemade pistol along with some bullets.

At the DPO, Morang, Mr. Mohit Ram was reportedly taken to an interrogation room at about 7 a.m. and interrogated by five plainclothes police personnel. Mr. Mohit Ram recalls, "some five unidentified plainclothes policemen interrogated me. They asked me questions like - how many people were involved in the robbery? What were their names? How did the robbery take place?"

Mr. Mohit Ram reportedly admitted his involvement in the robbery but told the investigating officers that the stolen goods were with his friend. After which the five investigating officers allegedly started beating Mr. Mohit Ram indiscriminately with batons.

Mr. Mohit Ram added: "the policemen were angry and forced me to sit on the floor. They tied my hands in front of me with rope and asked me to bend my knees. A stick was then placed underneath my knees and I was lifted up by the stick. The stick was placed between two tables and I was made to swing upside down. The police started beating my feet with sticks. While beating me they interrogated me about the stolen goods and the other people involved in the robbery. I was beaten and interrogated in this way for about half an hour. Afterwards the police lifted my body, untied my legs, and forced me to jump up and down for about 3-4 minutes. I was then taken back to custody room."

According to the information, on 30 October 2007, Mr. Mohit Ram was taken to a room in the women cell of DPO Morang at about 7:00 a.m. Mr. Mohit Ram reportedly said, "three policemen bolted the room from the inside and started interrogating me about weapons and what was robbed. I replied that Sunil Chaudhari gave me the weapon and I didn't have any idea about the stolen money. The policemen again tied my hands with a synthetic rope and forced me to bend my knees. They made me hang upside down again and beat my feet with a stick continuously for about 5-6 minutes. After that the police stopped beating me but ordered me to jump up and down for about 4 - 5 minutes. I fell down on the floor while jumping because I was weak from the torture they had inflicted on me."

Mr. Mohit Ram reportedly disclosed that similar physical torture was inflicted on him again on 31 October 2007 and 1 November 2007. He was allegedly tortured in the women cell of DPO Morang twice a day, in the morning and evening by three-four unidentified police personnel who asked similar questions as those asked on 29 and 30 October 2007.

Mr. Mohit Ram also disclosed that the investigating officers reportedly told him not to mention any details of torture and other ill treatment to human rights activists. Mr. Mohit Ram quoted the investigating police as saying, "You have to say that everything was fine if you get a visit from human rights activists. If you complain about torture, you will get tortured twice as bad."

According to the information, Mr. Mohit Ram was remanded on 29 October 2007 for eight days and then again on 4 November 2007 for ten more days. He was remanded for the third time on 14 November 2007 for more eight days. As of 15 November 2007, Mr. Mohit Ram remains in detention at DPO Morang. He is afraid of suffering further torture and the police authority has not yet provided him with any medication. He has reportedly a small injury in the right elbow, and another injury in the upper part of the foot of the left leg.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Mr. Mohit Ram and the particular risk for his safety as he remains detained at DPO Morang. OMCT is also very much concerned about the climate of impunity enjoyed by the perpetrators. OMCT recalls that Nepal is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit torture and cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the Nepalese authorities to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a thorough and impartial investigation in this regard.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Mohit Ram;
2. Order the immediate transfer of Mr. Mohit Ram to another detention place;
3. Guarantee unconditional access to his lawyer, family and any medical treatment he may require;
4. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
5. Order a thorough and impartial investigation into these events, in particularly the alleged torture inflicted by police officers at DPO Morang, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. Guarantee that adequate compensation is awarded to the victim;
7. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211229, Fax: 97714211232 Email: moha@wlink.com.np
• Mr. Baman Prasad Neupane, HR Cell, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206 Fax: +977 1 4211266
• Mr. Yagya Murti Banjade, Attorney General, Office of Attorney General
• Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.np; info@nepalpolice.gov.np
• SP Nava Raj Silwal, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax : 9771415593 E-mail: hrcell@nepalpolice.gov.np
• Mr. Kedar Nath Uppadhya, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973
• Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66 38, Fax: +32 2 344 13 61, E-mail: rne.bru@skynet.be

Please also write to the embassies of Nepal in your respective country.

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Geneva, 23 November 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.