Follow up to case NPL 161106_Release of Mr. Govind Thakur and Mr. Sushil Jha 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 Centre (INSEC), a member of the OMCT network, that Mr. Govind Thakur and Mr. Sushil Jha were released without charge after the court order on 21 November 2006. However, no investigation has been launched by the relevant authorities into the allegations of torture.

The International Secretariat of OMCT welcomes the release of Mr. Govind Thakur and Mr. Sushil Jha. Nevertheless, it expresses its deep concern that no investigation was commenced into the allegations of torture.

Reminder of the situation

According to the information received, Mr. Govind Thakur (26), from Jaleshwar Municipality-4, was arrested on 3 November 2006 and detained at the Mahottari District Police Office, Jaleswar, on charge of theft. Mr. Govind Thakur was reportedly beaten with a polythene pipe during interrogation in order to extract his confession to the “crime”.

According to the same information, Mr. Sushil Jha (21), from Jaleshwar Municipality-4, who had been handed over to the police by villagers based on allegations of burglary, had reportedly named Mr. Govind Thakur after the police had tortured him to reveal the name of his complice.

Following intervention from INSEC district representative, police allowed Mr. Govind Thakur’s father, named Digambar, to meet his son in the presence of inspector Pokharel, right which was previously refused.

Furthermore, the District Police Office reportedly only filed the case on 8 November 2006. The police brought the case to the district court on the same day and allegedly falsely reported that they arrested Mr. Govind Thakur on 8 November 2006. He was brought to the district court by the District Police Office on 9 November 2006.

Actions required

Kindly write to the authorities of Nepal urging them to:

1. Order a thorough and impartial investigation into these events, notably the allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate compensation is awarded to the victims;
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, 14 February 2007

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