Follow up to case NPL 100206_Release and impunity

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Nepal.

New Information

The International Secretariat of OMCT has been informed by the Informal Sector Service Center (INSEC), a member of the SOS-Torture network, that Mr. Saroj Kumar Yadav (26) Mr. Rupesh Khatiwada (31), Mr. Basudev Paudel (24) as well as Mr. Rajan Khatiwada (29) were released without charge on 21 February 2006. Before, they were taken to the TU Teaching Hospital at Maharajgunj where they received minimal medical treatment, which was reportedly only for formality. No investigation has been launched into these events.

OMCT welcomes the release of the above mentioned persons. However, OMCT remains concerned that no investigation has been launched into the allegations of torture and ill-treatment.

Reminder of the situation

According to the information received, Mr Rupesh Khatiwada, Secretary of the Free Student Union (FSU) of Tribhuban University Campus, was allegedly arrested and beaten by the police on 2 February 2006 while he was in the university canteen late at night. After his arrest, Mr. Khatiwada was brought to the police station in Kirtipur, where he was severely beaten by two policemen under the command of Mr. Ramesh Gautam, Inspector of Police. Mr. Khatiwada was insulted and spit on by the inspector while the two policemen were beating him. He was kept in a dark room and told to put his hands and legs on the floor while he was beaten with rein and boots on the back.

According to the same information, Mr. Basudev Paudel and Mr. Rajan Khatiwade were also arrested on 2 February 2006 and suffered from the same types of torture as Mr. Khatiwada. It is reported that Mr. Ramesh Gautam was among the perpetrators.

Mr. Saroj Kumar Yadav, who was arrested on 1 February 2006, was severely beaten in the room of the Free Student Union (FSU) of Tribhuban University Campus.

All victims suffered from high fever allegedly due to the torture.

On 4 February 2006, Mr. Ian Martin, Chief of the Office of the High Commissioner on Human Rights (OHCHR) Nepal, met with Mr. Khatiwade and inquired about the case. Two days later INSEC representatives met with the four victims and learned that no treatment had been provided till then to them. The victims were then detained at the Women Development Training Centre, Jawalakhel of Lalitpur District where they were brought to on 5 February. All four were charged with ‘disturbing peace and security’.

Action Requested

Please write a letter to the authorities in Nepal urging them to:

1. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Compensate the victims fully;
3. 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, 13 February 2007

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