Alleged torture in police custody

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 torture while in police custody of Mr. Munna Khan and Mr. Bimal Kaamat in District Police Office (DPO), Morang district.

According to the information received, Mr. Munna Khan, a 23-year-old driver of Novel Medical College Biratnagar, Morang district, permanent resident of Biratnagar Sub Metropolitan city-15, Pichara of Morang district, was arrested at about 9:30 p.m. on 28 October 2007 from Bhattimod of Biratnagar-7, Morang district, on the charge of robbery by six-seven policemen from DPO, Morang district, headed by police inspector Mr. Kedar Khadka. Following his arrest, Mr. Munna Khan was reportedly taken to DPO Morang.

On 29 October 2007, at about 9:00 a.m., he was reportedly taken to the interrogation section and was allegedly interrogated by four unidentified plainclothes policemen. According to the information, Mr. Munna Khan recalled that “those four policemen asked me who were involved in robbery? What were their names? I replied that I was taken to those robbers forcefully and made me involve in the incident. I mentioned the name of a person whom I knew but I did not accept of my direct involvement as the robbers had threatened me, switched off my mobile, and took me forcefully along with them. But the police didn't believe me and started beating. They beat on my bare foot with stick by placing my legs on the sofa. They repeatedly asked me to speak truth and beat on my calf, upper part of the foot for about half an hour. After inflicting torture, they ordered me to jump up and down on the floor for about five minutes and sent be back to the custody".

According to the same information, on 30 October 2007 at about 5:00 p.m., Mr. Munna Khan was reportedly taken to the women police cell at the DPO, Morang. Five plainclothes policemen allegedly beat him up while interrogating him after they had locked the door from inside. Mr. Munna Khan reportedly further added "those policemen asked me the names of persons involved in the Panchali Robbery Incident. I repeated the name that I had told them on the previous day but they didn't care me and started beating. They tied my hands with a plastic rope and placed my hands below my knees and made me lie on the floor with my legs upwards and beat on my bare foot and legs one after another for about half an hour. While beating, some police men sat on the top of my body so that I could not move. After inflicting torture at least half an hour, those investigating police ordered me to jump up and down about 5 minutes and sent back to custody. While sending me back to the custody, those police threatened me to walk as normal without bending my legs and body or else I will be tortured more severely." According the information, the same happened again on 31 October 2007 and 1 November 2007. Furthermore, Mr. Munna Khan reportedly further stated that “every time after inflicting torture during interrogation, the investigating police men used to threat me for severe torture if I disclose torture to the human right activists."

Mr. Munna Khan reportedly complained about pain all over his body, especially in his left shoulder joint and wrist of both hands. Injuries were reported on his shoulder, right toe and the forefinger of his leg. His right leg and both his hands were reportedly swollen and blood clot was formed on his right toe and forefinger of his leg.

According to the information received, Mr. Munna Khan only received an arrest and detention warrant two days following his arrest, i.e. on 30 October 2007. He was then taken to Koshi Zonal Hospital, Morang district, for medical treatment but would not have been provided with any medication. Following a court decision on 26 November 2007, he was transferred to District Prison of Morang while awaiting further trial. He reportedly did not face any further abuses since 1 November 2007.

Furthermore, according to the same information, Mr. Bimal Kaamat, a 26-year-old house painter and permanent resident of Biratnagar Sub Metropolitan City 16, Majhuwa Tole of Morang district, was arrested on 29 October 2007 also on the charge of robbery. He was reportedly arrested at about 3:00 a.m. by a team of eight-nine police personnel headed by police inspector Mr. Kedar Khadka from DPO, Morang, while he was sleeping at his brother-in-law Mr. Sharawan Chaudhary’s home at Biratnagar Sub Metropolitan City-7, Morang District.

Following his arrest, Mr. Bimal Kaamat was reportedly taken to DPO Morang, and at about 7 a.m. he was transferred to the women police cell of DPO Morang and allegedly interrogated by three plainclothes police personnel.

According to the information, Mr. Bimal Kaamat stated that “Some three unidentified police personals locked the room of WPC and asked various questions on robbery incidents. What are the names of those involved in the robbery incident? Where are those persons? They forced me to accept the allegation but I didn't. As I denied the allegation, those police men then started beating me. They beat me with a thin bamboo stick on my thighs and legs. They again forced me to accept the allegation but I didn't. Then, those police tied my hands below my knees with the jute rope and forced me to bend my knees inwards. Then the police inserted a stick just below my knees and made me lie in the floor with my foot facing upwards. Then, those three police personal started beating me on my bear foot and forced me to accept the allegation. While beating, one policeman has interrogated me, the second beat on my bear foot with the stick, and the third one caught me. They beat me in that position at least 5-7 minutes. Finally, they forced me to jump up and down, and took me back to the custody."

According to the same information, on the same day at about 5:30 p.m., Mr. Bimal Kaamat was taken to the same interrogation room and allegedly the same three unidentified police men interrogated him with similar questions asked in the morning. Mr. Bimal Kaamat reported: "As I did not accept the allegations and did not know about any persons involved, then the police started beating me violently with a bamboo stick all over my legs, calves and thighs and slapped me on both of my cheeks for about 10 to 12 times for about 30 minutes. Then, they sent me back to the custody and threatened not to say anything regarding torture to the human right activists, if inquired. I have not been tortured since then".

Mr. Bimal Kaamat was also taken to Koshi Zonal Hospital, Morang district, for medical treatment on 29 October 2007, however no medication would have been provided to him. Two injuries could be reportedly seen on the back of his left shoulder, and signs of beating could also be observed on both thighs.

According to the information received, Mr. Bimal Kaamat was transferred to District Jail of Morang on 26 November 2007 for further trial.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Mr. Munna Khan and Mr. Bimal Kaamat. 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. Moreover, OMCT recalls that, according to article 15 of the Convention Against Torture, “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Munna Khan and Mr. Bimal Kaamat;
2. Guarantee immediate and unconditional access to their lawyers, family and any medical treatment they may require;
3. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
4. 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;
5. Guarantee that adequate compensation is awarded to the victims;
6. 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, 12 December 2007

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