Follow-up of case NPL 120210_Release on bail of Mr. Shivadhan Rai but no adequate investigation into the alleged acts of torture and ill-treatment

Release on bail/ Torture and other forms of ill-treatment in police custody/ Lack of adequate medical care/ Fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in Nepal.

New information

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, that Mr. Shivadhan Rai, an 18-year-old resident of Devisthan VDC, Khotang district, currently living in Ward N° 8, Narayansthan, Mahankal, Kathmandu district, who was subjected to torture and other forms of ill-treatment in police custody (see background information), was released on a bail amount of RS 40’000.- by an order of the District Court, Kathmandu, on 18 February 2010.

According to the information received, on 15 February 2010, Mr. Shivadhan Rai’s case was filed with the District Court, Kathmandu, but the first hearing was postponed until the following day. He was taken to the Metropolitan Police Range (MPR), Hanumandhoka, where he was previously detained, without being provided any medical care.

On 16 February 2010, the District Court of Kathmandu granted bail to Mr. Shivadhan Rai. However, he had to remain two nights in Central Jail, in Kathmandu, as he could not pay the bail amount immediately. Mr. Shivadhan Rai was eventually released on 18 February 2010. He still faces charges of “government stamp forgery” and the first court hearing is due to take place on 17 March 2010. Human rights NGO Advocacy Forum-Nepal is currently assisting him with medical and legal aid.

While OMCT welcomes the fact that Mr. Shivadhan Rai was released on bail, it remains deeply concerned about his health condition. OMCT is also seriously preoccupied about the fact that no investigation seems to have been launched into the alleged acts of torture and other ill-treatment that Mr. Shivadhan Rai suffered in police custody. In this respect, OMCT recalls to the competent Nepalese authorities that, in line with their obligations under the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights, they have 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.

In addition, OMCT recalls article 15 of the said Convention which stipulates that, “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 (…)”.

Finally, OMCT recalls that the 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.

Background information

OMCT had earlier been informed about the torture and other ill-treatment in police custody of, and the denial to grant adequate medical attention to Mr. Shivadhan Rai.

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”.

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.

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. Drop the charges against Mr. Shivadhan Rai 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;
3. 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;
4. 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;
5. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victim concerned;
6. 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, 25 February 2010

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