Death threats faced by victim of torture

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 of the death threats faced by 20 year-old victim of torture, Mr. Puradi Prasad Pandey, after filing a case under Torture Compensation Act on 23 February 2007.

According to the information received, Mr. Puradi Prasad Pandey, male resident of Manma Village Development Committee Ward no. 9, Kalikot district, was subjected to death threats to withdraw the case that he had filed against three police officers of District Police Office (DPO) Kalikot, namely Sub inspector (SI) Mr. Jagat Bahadur Rawal, Police inspector Mr. Man Bahadur Chaudhary and Assistance Sub inspector of police (ASI) Kamal G.C. of DPO Kalikot, who allegedly tortured him while in detention.

In response to the petition filed, the district court issued on 25 February 2007 summons against all the defendants asking for written replies. Since then, Mr. Puradi Prasad Pandey has been receiving threats. On 26 February 2007, ASI Kamal G.C. threatened Mr. Puradi Prasad Pandey to withdraw the case. He reportedly said “Why did you register the case against the police? Do you want to die?” Mr. Puradi Prasad Pandey received similar threats from SI Jagat Bahadur Rawal and Police Inspector Man Bahadur Chaudhary.

He was reportedly also threatened to withdraw the case by four Maoists, including Kalikot District in-charge Bhanu. However, the exact motives of these threats remain unclear.

The International Secretariat of OMCT expresses its deep concern for the personal and physical integrity of Mr. Puradi Prasad Pandey following the reported death treats he received for having filed a complaint under Torture Compensation Act. OMCT urges the authorities to take appropriate measures to guarantee his safety. OMCT is also very much concerned about the torture suffered by Mr. Puradi Prasad Pandey. 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 victims, 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 (…)”.

Context of the situation

According to the information received, Mr. Puradi Prasad Pandey was allegedly arrested on several times on charge of murder however without any arrest warrant and subsequently severely tortured. His arrests followed the discovery on 14 December 2006 of the dead body of Mr. Khat Devkota, permanent resident of Rahu VDC of Kalikot district, around 600 meters from Mr. Puradi Prasad Pandey’s house. After two locals found the dead body and reported it to the police, a group of policemen from DPO, Kalikot arrived on the spot, prepared a deed of public inquiry, and later handed the corpse to his relatives. The police reportedly did not take the dead body for a post-mortem examination. The cause of his death remains thereon unknown.

Nevertheless, Mr. Puradi Prasad Pandey was reportedly arrested for the first time on 16 December 2006 on the charge of murder of Mr. Khat Devkota by two security personnel of DPO Kalikot under the command of SI Jagat Rawal. On the way to the DPO, SI Jagat Rawal and another unidentified policeman reportedly beat him continuously with a long wooden stick on his thighs, hips and, other parts of his body for around 20 minutes. At midnight, he was taken out of the room to the fields and was beaten randomly all over his body for 50 to 60 minutes with a thick plastic pipe while being interrogated simultaneously. SI Jagat Rawal reportedly claimed that Mr. Puradi Prasad Pandey had killed Mr. Khat Devkota which he had seen and started beating him when Mr. Puradi Prasad Pandey denied it. He was then locked into a custody room without having received food. Before being released on 17 December 2006, he was again randomly beaten on his back, knees, hips, and other parts of the body.

According to the information, he was allegedly arrested for the second time on 22 December 2006 and released after 11 days, again tortured severely. SI Jagat Rawal and other two policemen beat and kicked him on the way to the DPO all over his body particularly on his back, knees and hip with a stick. In the DPO, the Police inspector Man Bahadur Chaudhary beat him on his back and legs for about 20 minutes with a meter-long plastic pipe, blaming that he had killed Mr. Khat Devkota. At around 10pm, Police inspector Man Bahadur Chaudhary started beating him while taking him out of his custody room. In the fields of the DPO, Police inspector Man Bahadur Chaudhary and SI Jagat Rawal fixed an iron pipe in two trees and hanged him upside down after they had tied his legs on the iron pipe. Then, both the police officers beat him together on both side of the body especially on legs and back for about half an hour with a plastic pipe and a stick. Because of severe torture, he lost consciousness and found himself inside the custody room when he regained consciousness after around two hours.

He was then beaten again on several times during this second detention and was repeatedly asked names of other people who had been supposed to have been involved in the murder case. SI Jagat Rawal reportedly forced him to speak out the name of a hotel owner as murderer. Due to continuous severe beating Mr. Puradi Prasad Pandey gave out the name of the individual to avoid further torture. Eventually, they released him on 3 January 2007 on the condition that he reports to DPO Kalikot everyday.

According to the information, during this second detention, he was allegedly not allowed to meet with his family members. His family came on several occasions to bring him food but was not allowed access.

He was reportedly arrested for the third time on 21 January 2007, allegedly because he had spoken out on what had happened during his detention. He was again interrogated and tortured for some hours and then got released on the next day. Finally, the police allegedly prepared a document stating that the real culprit is the hotel owner and forced Mr. Puradi Prasad Pandey to sign without notifying the subject matter of the paper.

According to the information, security forces of DPO Kalikot had also allegedly arrested locals Narendra Pandey, Ranga Raj Pandey Tularaj Pandey Devi Pandey, Dhanraj Pandey Nanda Pandey, Saur Pandey and Mahendra Pandey on 22 December 2006 for the investigation regarding the same case. They were also beaten up by the police however they were released on 23 December 2006 without any conditions.

Following this events, Mr. Puradi Prasad Pandey was taken in charge by a human right NGO and received medical support.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Puradi Prasad Pandey and take appropriate steps to ensure that he is protected against all ill-treatment or intimidation as a consequence of his complaint as stated in article 13 of the Convention against Torture;
2. Order a thorough and impartial investigation into these events, notably the allegations of torture of Mr. Puradi Prasad Pandey, 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 Mr. Puradi Prasad Pandey;
4. 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
• Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np
• Lt.Colonel Dharma Baniya, Chief, Nepal Army, HR Cell, Army Headquarter, Bhadrakali, Kathmandu, Nepal, Tel: +977 1 4 245 020 / +977 1 4 238 219, Fax: + 977 1 4 245 020, E-mail: humanrights@na.mil.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
• SSP Manoj Kumar Shah, 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
• 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 / 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, 16 March 2007

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