Alleged torture and ill-treatment inflicted by the police on Mr. Khimlal Rijal, a 22-year-old permanent resident of Pwang VDC-6

Allegation of torture and ill-treatment/ No properinvestigation

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

Briefdescription of the situation

The International Secretariat of OMCT has been informed by Advocacy Forum (AF), amember organisation of OMCT SOS-Torture Network, about the alleged torture andill-treatment inflicted by the police on Mr. Khimlal Rijal, a 22-year-old permanent resident of Pwang VDC-6,Rukum district.

According to the information received,Mr. Khimlal Rijal was arrested on 9 September 2012 on charges of snatching agold chain and taken to the litigation section at Kaksi District Police Office(DPO). At the police office, he was allegedly beaten with plastic pipes on histhighs, back and soles for about five minutes by about six policemen. Afterbeing forced to lay down on a table, the policemen rolled an about three meterdiameter iron rod on his thighs for about 30 minutes. Afterwards, he was askedto stand up and one policeman grabbed him by his hair and made him rotated forabout ten minutes. Mr. Khimlal Rijal was allegedly tortured for about two hourswhile being interrogated on his alleged invovlement in various theft cases. Atabout midnight, he was taken to Paschimanchal Zonal Hospital in Kaski districtfor a medical check up. However, according to Mr. Rijal, the doctor did not askhim questions about the marks on his body.

According to the same informationreceived, on 10 September 2012, four unidentified policemen took Mr. KhimlalRijal to an under construction building behind the office building of KaksiDPO. The policemen inserted a stick through his bents knees and handcuffedhands and hanged him in the air. He was then beaten with plastic pipes on hissoles, punched and kicked on his body parts for about two hours while againbeing interrogated. He was later taken to Kaski Distric Court. Although Mr.Rijal reportedly informed the judge of the torture suffered, the judge did notorder a medical checkup. He was remanded for seven days.

The InternationalSecretariat of OMCT expresses its deep concern about the safety and physicaland psychological integrity of Mr. Khimlal Rijal. OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture andill-treatment, in accordance with international human rights standards, theresult of which must be made public, in order to bring those responsible beforea competent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil theirobligations under international human rights law to protect the right not to besubjected to torture or other cruel, inhuman or degrading treatment orpunishment and to bringing to justice those responsible for violating thisright.

OMCT recalls that Article 11 of the Convention against Torturestipulates that “Each State Party shall keep under systematic reviewinterrogation rules, instructions, methods and practices as well asarrangements for the custody and treatment of persons subjected to any form ofarrest, detention or imprisonment in any territory under its jurisdiction, witha view to preventing any cases of torture” and article 15 of the saidConvention, “Each State Party shall ensure that any statement which isestablished to have been made as a result of torture shall not be invoked asevidence in any proceedings (…)”.

Action requested

Please write to the authorities in Nepalurging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Khimlal Rijal;

ii. Carry out a prompt, effective,thorough, independent and impartial investigation into the allegations of torture and ill-treatment,in accordance with international human rights standards, the result of which mustbe made public, in orderto bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;

iii. Guaranteethat no evidence obtained under torture and ill-treatment, or threats thereof,be used in court proceedings against Mr. Khimlal Rijal as stipulated in Article 15 of the UN Convention AgainstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

iv. Order hisimmediate release in the absence of valid legal charges that are consistentwith international law and standards, or, if such charges exist, bring himpromptly before an impartial, independent and competent tribunal and guarantee hisprocedural rights at all times;

v. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation, is granted to Mr.Khimlal Rijal;

vi. Ensurethe respect of human rights and fundamental freedoms throughout the country inaccordance with national laws and international human rights standards, inparticular ensure that all acts of torture and cruel, inhuman and degradingtreatment and punishment are clearly defined in law as offences in accordancewith the provisions set out in Articles 1, 4 and 16 of the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and thatthey be made punishable with appropriate penalties which take into account thegrave nature of the crimes as required (which is not the case under the 1996Torture Compensation Act).

Addresses

Ø Deputy PrimeMinister and Minister of Home Affairs, Mr. Bijaya Kumar Gacchedar, Ministry ofHome Affairs, Singha Darbar, Kathmandu, Nepal. Tel: + 977-01-4211208 / +977-01-4211214, Fax: + 977-1-4211257 / 4211286, Email: gunaso@moha.gov.np

Ø InspectorGeneral of Police, Rabindra Pratap Shah, Police Head Quarters, Naxal,Kathmandu, Nepal, PO. Box No.: 407, Fax: + 977 1 4 415 593, Email: info@nepalpolice.gov.np

Ø AttorneyGeneral, Mr. Mukti Nath Pradhan, Office of Attorney General Ramshahpath, Kathmandu,Nepal, Fax: + 977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np , socialjus@gmail.com

Ø DSP BishwaAdhikari, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box No.: 407,Fax: + 977 1 4415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairman ofthe National Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck,Lalitpur, Nepal; Email: nhrc@nhrcnepal.org ; complaints@nhrcnepal.org Fax: + 977 15547973

Ø Head of theHuman Rights Unit, Office of the Prime Minister and Council of Ministers, SinghDarbar, Kathmandu, Nepal. Tel: + 977-01-4211000, P. O. Box: 23312, Email:info@opmcm.gov.np

Ø Permanent Mission of Nepal, 81 rue de la Servette,1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@bluewin.ch

Please also write to the embassies of Nepalin your respective country.

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Geneva, 18 September 2012

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