Fear for the safety of Mr. Shivadhan Rai at risk of further torture and other ill-treatment_Lack of adequate medical care

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 torture and other ill-treatment in police custody of, and the denial to grant adequate medical attention to Mr. Shivadhan Rai, an 18-year-old permanent resident of Devisthan VDC, Khotang district, who is currently living in Ward N° 8, Narayansthan, Mahankal, Kathmandu district. OMCT fears that he may be at risk of further torture and other forms of ill-treatment as he remains detained at MPR Hanumandhoka police station.

According to the information received, on 20 January 2010 at 12:30pm., Mr. Shivadhan Rai was arrested by five unidentified plainclothes policemen from Metropolitan Police Range (MPR), Hanumandhoka. Previously that day, Mr. Shivadhan Rai had followed a class on Pashupati Multiple Campus, Chabahil and, on the way to his residence, he had met a classmate who is the Secretary of ANNFSU (All Nepal National Free Students Union). This latter reportedly handed him some documents and told him that a person named Bharat Rai would call him and that he should give him the documents.

Later that day, when Mr. Shivadhan Rai met Bharat Rai at Galfutar, the latter reportedly pointed at him saying: “This is the boy. Catch him”. At that moment, five policemen arrested Mr. Shivadhan Rai and took him to his residence where they searched his and his brother’s room, took some personal belongings and hit him several times accusing him of stealing. He was then taken to the Metropolitan Police Crime Division at MPR Hanumandhoka police station. There, he was allegedly forced to sit on the floor on his knees before being beaten on his soles with a metal object for about 10 minutes. He was then reportedly interrogated about some certificates belonging to his brother, nephew and niece. The police alleged that these certificates were duplicates and that Mr. Shivadhan Rai had made them. When he denied, they tortured him for two hours. The policemen allegedly made him stand on his hands against the wall, battered him, verbally abused him, hanged him by one leg and beat him with sticks. As a result, he has reportedly sustained severe wounds, marks and bruises on his body and he would be suffering form dizziness, burning sensations in his soles and he would have difficulties to sleep and eat. Mr. Shivadhan Rai reportedly later signed a “confession” and is expected to be taken to court on 14 February 2010.

According to the same information, even though, on 3 February 2010, the District Court of Kathmandu ordered the MPR Hanumandhoka to provide medical treatment to Mr. Shivadhan Rai at Bir Hospital within three days as well as subsequently attached a medical report to his case file, Mr. Shivadhan Rai was not taken to the hospital until 10 February 2010. Furthermore, despite the doctor’s recommendations for lab tests and additional examinations, the police reportedly refused.

The International Secretariat of OMCT expresses its deep concern about the torture and other ill-treatment inflicted upon Mr. Shivadhan Rai in police custody. OMCT fears for his safety as he remains detained under the same police control. OMCT is also deeply concerned about his health condition which requires immediate adequate medical care.

OMCT therefore calls on the competent Nepalese authorities to guarantee the physical and psychological integrity of Mr. Shivadhan Rai, at all times, in accordance with international human rights law, in particular the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights (ICCPR) as well as with the UN Standard Minimum Rules for the Treatment of Prisoners, and to order his immediate transfer to another detention centre, where he is not at risk of further torture and other ill-treatment.

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 competent authorities to consider seriously any allegations of torture and other forms of ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions.

Finally, OMCT recalls Article 11 of the Convention against Torture which stipulates that “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”and article 15 of the said Convention, “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. Shivadhan Rai;
2. Order his immediate transfer to another detention centre, where he is not at risk of further torture and other ill-treatment;
3. Guarantee immediate and unconditional access to his lawyer and family, as well as guarantee that he is examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the recommendations of the UN Standard Minimum Rules for the Treatment of Prisoners;
4. 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 promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;
5. Carry out a prompt, effective, thorough, independent and impartial investigation into the reports of torture and other forms of ill-treatment, 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;
6. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Mr. Shivadhan Rai as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
7. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victim concerned;
8. 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, info@attorneygeneral@gov.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, 12 February 2010

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