Alleged torture and ill-treatment of two minors and one adult

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 and Antenna International, member organisation of OMCT SOS-Torture network, about the torture and ill-treatment inflicted upon 19-year-old Ms. Soni Kurisi and her 13-year-old sister, Ms. Moni Kurisi, as well as upon 13-year-old Ms. Gudiya Kurisi (a relative), on 14 May 2008, by police officers of the Surkhet District Police Office (DPO) in Surkhet district, after a local resident, Mr. Aashik Kurisi (a relative to the victims), had handed them over on the same day at around 10:30am. Mr. Aashik Kurisi reportedly complained that they had stolen from his house sixty thousands rupees (about 895 USD). All three victims were temporarily detained for interrogation.

According to the information received, Ms. Soni Kurisi and Ms. Moni Kurisi were first allegedly beaten with sticks. They were then reportedly taken to two separate rooms, where they were subjected to similar torture and ill-treatment by police officers, including Deputy Superintendent of Police (DSP) Govinda Shah and Assistance Sub inspector of police (ASI) Gyanumaya Thapa. They were allegedly beaten all over their bodies with plastic pipe and sticks and police officers hammered nails on the tip of their toes. Ms. Soni Kurisi was further allegedly electrocuted on her right hand and tied to a chair while beaten on the sole of her feet. As to Ms. Gudiya Kurisi, she was also reportedly taken to a separate room and allegedly slapped several times during interrogation.

While Ms. Moni Kurisi and Ms. Gudiya Kurisi were reportedly released at about 6pm on the same day, Ms. Soni Kurisi was later taken to their house, where ASI Gyanumaya Thapa and DSP Govinda Shah reportedly searched her room and seized some of her clothes. According to the same information, once back at the DPO at around 10:00pm, she was again allegedly beaten for about 15 to 20 minutes with a plastic pipe on her head, feet soles and back. At around 10:30pm three police women and ASI Gyanumaya beat her for about 10 minutes with fists, pipe and sticks. They also reportedly seized thirty thousands rupees (440 USD) from her pocket. She was allegedly further threatened not to disclose the event. Ms. Soni Kurisi was released at about 11 pm.

According to the information received, Ms. Soni Kurisi was later provided medical assistance by a local NGO. It is further reported that, since their release, Mr. Aashik Kurisi, who had handed them to the police, has threatened them.

On 17 June 2008, Ms. Soni Kurisi and Ms. Moni Kurisi reportedly organised a press conference during which they disclosed the event. The Regional Police Office, Surkhet District, subsequently formed, on 18 June 2008, a three member team of senior police officers to investigate the incident.

The International Secretariat of OMCT expresses its deep concern about the acts of torture and ill-treatment suffered by Ms. Soni Kurisi, Ms. Moni Kurisi and Ms. Gudiya Kurisi. OMCT is very much concerned by the apparent impunity of the perpetrators and 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 investigation in this regard. Moreover, OMCT would like to recall article 13 of the Convention against Torture which stipulates that “Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.” OMCT also wishes to recall that Nepal is a State party to the UN Convention on the Rights of the Child, whose article 37 a) orders that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment (…)”.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Soni Kurisi, Ms. Moni Kurisi and Ms. Gudiya Kurisi, in particular in view of the threats received;
2. Order a thorough and impartial investigation into these events, notably the acts of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to Ms. Soni Kurisi, Ms. Moni Kurisi and Ms. Gudiya Kurisi;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular ensure that all acts of torture are clearly defined in law as offences under criminal law in accordance with the provisions set out in Article 1 of the Convention against Torture and shall be made punishable with appropriate penalties which take into account the grave nature of the crimes as required under Article 4 of the Convention against Torture.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, 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: info@nepalpolice.gov.np , ranaob@nepalpolice.gov.np
• SP Binod Singh, 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.

Geneva, 27 June 2008

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