Arbitrary detention and acts of torture; Fear for psychological and physical integrity

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 by Antenna International, member of the SOS-Torture network, of the arrest, arbitrary detention and allegations of torture of Mr. Kalam Miya in Hathkhola, Biratnagar.

According to the information received, Mr. Kalam Miya, a 27-year-old manual worker, permanent resident of Pakali VDC-3 of Sunsari District, was arrested at Saraswati Tole of Biratnagar Municipality -2, Sunsari district, at about 8:30 p.m. on 29 July 2007 by the patrolling van of Ward Police Station, Hathkhola, Biratnagar under charges of robbery. He was allegedly detained in the police station and then transferred to the District Police Office (DPO), Morang district.

According to the same information, on the morning of 30 July 2007, Mr. Kalam Miya was locked inside the women police cell room at the DPO and beaten up with a stick and interrogated by three policemen, including Police Sub Inspector Mr. Balram Yadav (the names of the other policemen are unknown). They allegedly made him lie on the floor, caught his legs and chest, and beat him with the stick on his feet, legs, ankles, fingers and joints of hands and legs. They reportedly kicked and punched him. Mr. Kalam Miya allegedly screamed and requested not to be tortured but the policemen would have closed his mouth with cloths and continued beating him for about an hour and a half. It is reported that the three policemen threatened Mr. Kalam Miya of torture to death if he would not accept the robbery charges. Mr. Kalam Miya was then brought to another cell for the night.

On 31 July 2007 at around 9:00 p.m., Mr. Kalam Miya was reportedly again tortured for about one hour by the same team including Police Sub Inspector Mr. Balram Yadav in the women police cell room. He was reportedly forced to admit on several occasions but he insisted that he was not involved in the robbery. He was allegedly compelled to lie on the floor by keeping his legs on the chair and he was then tortured randomly on his feet, ankles, and joints of legs and hands while being threatened to accept the allegations of robbery. Eventually, Mr. Kalam Miya reportedly agreed, in a semiconscious state, to sign any documents they would prepare in order to stop the torture. Following this, the policemen reportedly stopped.

Shortly after on the same day, Mr. Kalam Miya was brought to the District Court, Morang. He was remanded for 5 days and then for 7 more days on 5 August 2007. He reportedly complained about his alleged torture to the judge of the District Court at the time of the remand but the judge reportedly did not take it into account.

According to the same information, on 31 July 2007 the police authority had taken him for a medical check up at the Kosi Zonal Hospital, Morang district, before being brought to the court but no medication would have been provided to him at that time.

With the assistance of human rights NGO Advocacy Forum, he was reportedly provided medical assistance. Mr. Kalam Miya is reportedly facing health problems following the torture. His legs are still swollen and his joints of legs and hands are painful. Moreover, a blood clot was reportedly observed in the small finger of his left leg.

As to this date, he is still detained at the District Police Office, Morang district, for further investigation in the case.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Mr. Kalam Miya. 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 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 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. Kalam Miya;
2. 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;
3. Order a thorough and impartial investigation into these events, notably the allegations of torture of Mr. Kalam Miya, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to Mr. Kalam Miya;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• 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, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206, Fax: +977 1 4211266
• Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np
• Mr. Om Bikram Rana, Inspector General of Police, Police Head Quarters, Naxal, Kathmandu, Nepal, Fax: +977 1 4415593, Email: 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
• Pulchowck, Lalitpur, Chairperson, National Human Rights Commission, Nepal, Fax: +977 1 55 47973, Email: complaints@nhrcnepal.org/ nhrc@nhrcnepal.org
• Ambassador Acharya, Gyan Chandra, Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• Ambassador Thata Yarayan, Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58/ 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, 14 August 2007

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