Fear for the safety of Mr. Dawa Chhiring Tamang and the minor, R. R.

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, a member organisation of OMCT SOS-Torture Network, about the alleged torture and ill-treatment in police custody of Mr. Dawa Chhiring Tamang (18) and the minor, R. R.[1] (17), residents of Bhutanese Refugee Camp in Jhapa district. OMCT fears that they may be at risk of further torture and ill-treatment.

According to the information received, on 31 March 2010, the minor R. R. was captured by villagers and handed over to the Armed Police Force (APF) at around 8:00 pm, accused of setting a house ablaze. On the same day, at around 8:30 pm, Mr. Dawa Chhiring Tamang was arrested by the APF under the same allegations, but without informing him about the reasons for his arrest. Reportedly, both of them were punched, kicked and beaten with bamboo sticks by the APF and then taken to the APF Camp, Beldangi, where the police personnel allegedly tied their hands and legs with a plastic rope, forced them to lie down on the ground and continued to beat them with the purpose of extracting a confession.

On 1 April 2010, the detainees were reportedly taken to Area Police Post (APO), Damak. While they were being transferred, three unidentified APF personnel allegedly kicked and beat them from 6:30 am to 7:00 am in a police van. Once at APO, Damak, the victims were not subjected to further torture or other forms of ill-treatment during two days. However, at the third day of detention, Mr. Dawa Chhiring Tamang and the minor R. R. were allegedly forced by the police to carry loads of bricks and sand, and they were beaten every time they took a rest or walked slowly. Furthermore, they were reportedly beaten two to four times per day with bamboo sticks while police took them for lunch or dinner.

According to the same information, on 5 April 2010, Mr. Dawa Chhiring Tamang and the minor R. R. were taken to the Mechi Zonal Hospital prior to their presentation before the District Court Judge. At the hospital, they were not given any medicine despite the fact that both of them had wounds on their bodies. The judge reportedly ordered to remand them for five days for further investigation on their case under the charge of attempt to murder by setting a house ablaze. They were then sent back to APO, Damak.

On 7 April 2010, at around 4:30 pm, the minor R. R. escaped from police custody while he was being taken out for manual work. On 8 April 2010, at around 2:00 am, the police re-arrested him and brought him back to APO, Damak. He was allegedly beaten with sticks for escaping from police custody. From that day, the minor R.R. has reportedly been forced to stand by the gate of his detention cell every day until midnight. On 10 April 2010, the police allegedly beat him again with a bamboo stick. On 11 April 2010, the detainees were reportedly remanded by the District Court Judge for ten more days for further investigations on their case.

As reportedly requested on 12 April 2010, by Nepal based Human Rights NGO, Advocacy Forum (AF), the District Court Judge issued an order to provide a physical and mental checkup (PMC) and adequate medical treatment to Mr. Dawa Chhiring Tamang and the minor R. R. However, at the time of issuing this appeal, the victims had not been taken for PMC nor provided adequate medical treatment, and they are still detained at APO, Damak after they were remanded for nine additional days, on 20 April 2010.

The International Secretariat of OMCT is seriously concerned about the allegations of torture and ill-treatment inflicted upon Mr. Dawa Chhiring Tamang and the minor R. R. in police custody. OMCT is particularly concerned about the fact that R. R. is legally a child under international law and should be treated accordingly, which is reportedly not the case.

OMCT recalls that the authorities in Nepal are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance, inter alia, with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Convention on the Rights of the Child.

As stated by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in his latest report, “detainees are under a particularly high risk of being tortured when held in police custody (…). In order to keep this critical phase as short as possible, international human rights law requires that any person arrested or detained on the suspicion of having committed a crime has to be brought “promptly” before a judge or another officer authorized by law to exercise judicial powers. Subsequently, the person has to be released or, if arrest is sanctioned, transferred to a pre-trial detention facility which is ideally under a different authority than the police” (§88 A/HRC/13/39/Add.5).

Finally, OMCT calls upon the competent Nepalese authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the abovementioned facts, the result of which must be made public, in order to identify all those responsible, bring them to trial and apply adequate sanctions. Victims of torture and other forms of ill-treatment must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Dawa Chhiring Tamang and the minor R. R;
2. Grant Mr. Dawa Chhiring Tamang and the minor R.R. immediate and unconditional access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
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, independent and competent tribunal and guarantee their procedural rights at all times;
4. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment suffered by Mr. Dawa Chhiring Tamang and the minor R. R in police custody, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Mr. Dawa Chhiring Tamang and the minor R. R as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
6. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victims concerned;
7. 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, and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required.

Addresses

• Home Minister, Mr. Bhim Rawal, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• Inspector General of Police, Ramesh Chand (Thakuri), Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 432, Fax: +977 1 4 415 593. Email: info@nepalpolice.gov.np
• Attorney General, Mr. Bharat Bahadur Karki, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• Chief of Human Rights Cell of police, Mr. Sarbendra Khanal, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 1 4415593 E-mail: hrcell@nepalpolice.gov.np
• Chairman of the National Human Rights Commission, Mr. Kedar Nath Uppadhya, 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

Please also write to the embassies of Nepal in your respective country.

Geneva, 23 April 2010

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

[1] Full name withheld