Follow-upof the case NPL 110311

Release on bail/ No effective investigation/ Risk ofimpunity

TheInternational Secretariat of the World Organisation Against Torture (OMCT) hasreceived new information on the following situation in Nepal.

New information

The International Secretariat of OMCT has been informed by a reliablesource and Antenna International, a member organisation of OMCT SOS-TortureNetwork, that Mr. Sahaj Ram Thura,19-year-oldand permanent resident of Khajurkhurd VDC-1, Jogambharia, Banke district, who was allegedly tortured and ill-treated withthe purpose of extracting a confession in detention, was releasedon a bail amount of RS 15'000 (equivalent to 148.70 Euro), on 18 March 2011.

OMCTwelcomes the fact that Mr. Sahaj Ram Thura wasreleased but it remains concerned about his health condition. OMCT is alsoseriously preoccupied about the fact that no investigation seems to have beenlaunched into the alleged acts of torture and ill-treatment that Mr. Sahaj Ram Thura suffered in police custody. Inthis respect, OMCT recalls to the competent Nepalese authorities that, in linewith their obligations under the UN Convention Against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment and the International Covenant onCivil and Political Rights, they have to consider seriously any allegations oftorture 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 thoseresponsible, bring them to trial and apply adequate sanctions.

Inaddition, OMCT recalls Article 11 ofthe Convention against Torture which stipulates that “Each State Party shallkeep under systematic review interrogation rules, instructions, methods andpractices as well as arrangements for the custody and treatment of personssubjected to any form of arrest, detention or imprisonment in any territoryunder its jurisdiction, with a view to preventing any cases oftorture” and article 15 of the said Conventionwhich stipulates that, “Each State Partyshall ensure that any statement which is established to have been made as aresult of torture shall not be invoked as evidence in any proceedings (…)”.

Finally, OMCT recalls that thevictims of torture and other forms of ill-treatment must be ensured the rightto an effective remedy for the human rights violations suffered as well as theright to full redress, including compensation and rehabilitation.

Background information

OMCThad earlier been informed about the alleged torture and ill-treatment with thepurpose of extracting a confession inflicted on Mr. Sahaj Ram Thura in policecustody. OMCT had feared for his safety as he had remained detained under thesame police control until his release.

According to the information received, on 20 February 2011 at around 10 am, Mr. Sahaj Ram Thura was arrested bythe Banke District Police Office (DPO) under the allegation of donationextortion[1][1]. He was only given an arrest warrant and a detentionletter on 22 February 2011. Thefollowing day, on 23 February 2011, he was taken to the office of the public prosecutor and remanded forthe first time for ten days under abduction and hostage charges. He was againremanded for ten days, on 1 March 2011. He was detained in Banke DPO.

According to the same information received, on 21 February2011 at around 12 am, several unidentified policemen took Mr. Sahaj Ram Thura to the upperfloor of the DPO, Banke, blindfolded him and started to interrogate him afterhe was forced to lie on the floor. During the interrogation, the policemenallegedly kicked on his chest with their boots. When Mr. Sahaj Ram Thurareplied that he did not extort donation, the policemen reportedly beat withsticks on the soles of his feet for several times. Due to the alleged acts, hefell unconscious. The policemen then brought him round by sprinkling water onhis face and made him to jump on the floor for a while before bringing him backto the cell.

According to the same information received, the sameday at around 10 pm, severalunidentified policemen took Mr. Sahaj Ram Thura back to the same room on theupper floor of the DPO in Banke, blindfolded him and forced him to lie on hisback. Six policemen then caught his hands, his legs and his head in order torestrict his movements while other policemen poured water into his nose andmouth for about two to three minutes. Once more, Mr. Sahaj Ram Thure denied anywrongdoing. On the next day, on 22 February 2011, at around 5 pm, thepolicemen repeated the same acts but Mr. Sahaj Ram Thura continued to deny theallegations made against him. It is reported that due the acts of torture andill-treatment, he has suffered of chest pain, swollen arms and problems ofrespiration. He was reportedly taken to the hospital, on 22 February2011, where he was examinedand prescribed medicines.

Action requested

Pleasewrite to the authorities in Nepalurging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Sahaj Rum Thuna;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the circumstances of the detention of Mr.Sahaj Rum Thuna and the allegations of torture andill-treatment, in accordance with internationalhuman rights standards, the result of which must be made public, in orderto bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

iii. Guarantee that noevidence obtained under torture and other forms of ill-treatment, or threatsthereof, be used in court proceedings against Mr. Sahaj Rum Thuna as stipulated in Article 15 of the UNConvention Against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment;

iv. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation is granted tothe victim;

v. Ensurethe respect of human rights and fundamental freedoms throughout the country inaccordance with national laws and international human rights standards, inparticular ensure that all acts of torture, and cruel, inhuman and degradingtreatment and punishment are clearly defined in law as offences in accordancewith the provisions set out in Articles 1, 4 and 16 of the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and thatthey be made punishable with appropriate penalties which take into account thegrave nature of the crimes as required.

Addresses

Ø Ministry of Home Affairs, SinghaDarbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232

Ø InspectorGeneral of Police, Ramesh Chand Thakuri, Police Head Quarters, Naxal,Kathmandu, Nepal, PO. Box No.: 407, Fax: +977 1 4 415 593. Email:info@nepalpolice.gov.np

Ø AttorneyGeneral, Mr. Yuv Raj Sangraula, Office of Attorney General Ramshahpath,Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np

Ø DSPBishwa Adhikari, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box.No.: 407, Fax: +977 1 4415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairmanof 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

Ø PermanentMission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int

Pleasealso write to the embassies of Nepalin your respective country.

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Geneva, 31 March 2011

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