Nepal
02.12.03
Urgent Interventions
Nepal: 17 year old torture victim reported missing
Case NPL281103.1 CC
Follow-up of Case NPL 281103.CC
Child concern/Risk of torture/Disappearance
Geneva, December 2, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Nepal.
New information
The International Secretariat of OMCT has been informed by a reliable source of the risk of further torture, disappearance and extra-judicial execution of Manoj Rai, a 17 year old boy, in Nepal.
According to the information received, Manoj Rai, who has been arbitrarily detained and tortured since September 27th at Hanumandhoka District Police Office, is reported missing. Manoj Rai was visited by an NGO and reported the torture he had suffered to a lawyer on November 26th. The lawyer had been alerted about his case by other detainees, as Manoj Rai himself was not in the police record. On November 28th, detainees reported to the lawyer that he is now missing. A guard confirmed that he was not in the custody of Hanumandhoka District Police Office anymore and that he had been released. However, Manoj Rai is nowhere to be found. His father who closely followed the detention, who regularly brought some food to the police station, and who has filed an Habeas Corpus, is now fearing for the life of his son.
Another Habeas Corpus was also filed in the Supreme Court by the NGO who visited Manoj Rai. However, the authorities neither acknowledge his arrest nor his supposed release. The court has asked the police auhtorities to reply whether they have arrested him and, if so, to produce the detainee before the court. The police authorities have not replied to the court yet.
The International Secretariat of OMCT is gravely concerned by this case of arbitrary arrest, detention and torture in Nepal. OMCT has been monitoring progress and is now fearing risks of further torture and extra-judicial execution of this young boy. OMCT urges the Nepalese government to pressure police authorities to immediatly reply to the court and proceed further with the investigation into this case, while immediately suspending the suspected perpetrators of the acts of torture from Hanumandhoka district police office, Kathmandu, in order to prevent further abuse against other detainees.
OMCT recalls that Nepal, as a state party to the Convention of the Rights of the Child, is bound by the provisions that (art. 37):
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (…)
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child (…)shall have the right to maintain contact with his or her family through correspondence and visits(…);
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
In addition, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty reiterate that (art. 20) "no juvenile should be received in any detention facility without a valid commitment order of a judicial, administrative or other public authority. The details of this order should be immediately entered in the register. No juvenile should be detained in any facility where there is no such register."
Brief reminder of the situation
Manoj Rai was arrested on 27th September 2003 at around 10 p.m. from Hattigaunda, Kathmandu. He was taken to the Hanumandhoka District Police Office. He was neither given any letter of arrest nor produced to the court. According to his testimonial, he was taken to the KERKAR (interrogation Section) where he was beaten for about 20 minutes with bamboo stick on both of his soles of feet, back and thigh. They punched him on his head about 4/5 times. He was not provided food for two days. After four days, again he was taken to the same room and beaten for half an hour with slap on his both ears and with plastic pipe on his back. He was forced to tell the name of some thieves and was compelled to confess a crime which occurred in the house of his landlord, Bal Kumar K.C. After 20 days of his arrest, again he was beaten for about 10-12 times with sticks on his soles of his feet, head, back and especially on his thigh. In the following days, every morning he was forced to clean the floor. The police only gave him the food brought by his father and did not allow him to meet his father. He was not allowed to meet any other relatives.
On November 26th, he reported that he felt difficulties while walking due to pain on his soles, back and thigh and he had also lost listening power of his left ear. On the day of his arrest, due to the severe beating, he urinated blood. He also suffered from insomnia. Some black scars and contusions could be seen on his back.
Action requested :
Please write to the authorities in Nepal urging them to:
i. pressure police authorities to immediately reply to the court’s request pursuant to the two habeas corpus filed on the case of Manoj Rai;
ii. take all possible measures to locate Manoj Rai and guarantee his physical and psychological integrity, as well as provide him with medical assistance and ensure his psychosocial rehabilitation and due reparation;
iii. order a thorough and impartial investigation into the circumstances of his arbitrary arrest, torture and transfer or release, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. take all necessary measures to ensure respect for the international human rights instruments to which Nepal is party, especially the UN Convention on the Rights of the Child, which includes respect for the prohibition of torture and cruel, inhuman or degrading treatment and punishment.
Addresses :
Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
General Pyar Jung Thapa, Chief of Army Staff (COAS), Army Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
Brigadier General B A K Sharma, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292 / 229 451
Gyanendra Raj Rai, Deputy Inspector General of Police, Head, APF Human Rights Cell, Armed Police Force (APF), Halchowk, Swayambhu, Kathmandu, Nepal, Fax: + 977 1 4 411 384
Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal, Fax: + 977 1 4 415 593 / 415 594
Ambassador, Acharya, Gyan Chandra, Permanent Mission of the Kingdom 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, December 2, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case NPL 281103.CC
Child concern/Risk of torture/Disappearance
Geneva, December 2, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Nepal.
New information
The International Secretariat of OMCT has been informed by a reliable source of the risk of further torture, disappearance and extra-judicial execution of Manoj Rai, a 17 year old boy, in Nepal.
According to the information received, Manoj Rai, who has been arbitrarily detained and tortured since September 27th at Hanumandhoka District Police Office, is reported missing. Manoj Rai was visited by an NGO and reported the torture he had suffered to a lawyer on November 26th. The lawyer had been alerted about his case by other detainees, as Manoj Rai himself was not in the police record. On November 28th, detainees reported to the lawyer that he is now missing. A guard confirmed that he was not in the custody of Hanumandhoka District Police Office anymore and that he had been released. However, Manoj Rai is nowhere to be found. His father who closely followed the detention, who regularly brought some food to the police station, and who has filed an Habeas Corpus, is now fearing for the life of his son.
Another Habeas Corpus was also filed in the Supreme Court by the NGO who visited Manoj Rai. However, the authorities neither acknowledge his arrest nor his supposed release. The court has asked the police auhtorities to reply whether they have arrested him and, if so, to produce the detainee before the court. The police authorities have not replied to the court yet.
The International Secretariat of OMCT is gravely concerned by this case of arbitrary arrest, detention and torture in Nepal. OMCT has been monitoring progress and is now fearing risks of further torture and extra-judicial execution of this young boy. OMCT urges the Nepalese government to pressure police authorities to immediatly reply to the court and proceed further with the investigation into this case, while immediately suspending the suspected perpetrators of the acts of torture from Hanumandhoka district police office, Kathmandu, in order to prevent further abuse against other detainees.
OMCT recalls that Nepal, as a state party to the Convention of the Rights of the Child, is bound by the provisions that (art. 37):
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (…)
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child (…)shall have the right to maintain contact with his or her family through correspondence and visits(…);
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
In addition, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty reiterate that (art. 20) "no juvenile should be received in any detention facility without a valid commitment order of a judicial, administrative or other public authority. The details of this order should be immediately entered in the register. No juvenile should be detained in any facility where there is no such register."
Brief reminder of the situation
Manoj Rai was arrested on 27th September 2003 at around 10 p.m. from Hattigaunda, Kathmandu. He was taken to the Hanumandhoka District Police Office. He was neither given any letter of arrest nor produced to the court. According to his testimonial, he was taken to the KERKAR (interrogation Section) where he was beaten for about 20 minutes with bamboo stick on both of his soles of feet, back and thigh. They punched him on his head about 4/5 times. He was not provided food for two days. After four days, again he was taken to the same room and beaten for half an hour with slap on his both ears and with plastic pipe on his back. He was forced to tell the name of some thieves and was compelled to confess a crime which occurred in the house of his landlord, Bal Kumar K.C. After 20 days of his arrest, again he was beaten for about 10-12 times with sticks on his soles of his feet, head, back and especially on his thigh. In the following days, every morning he was forced to clean the floor. The police only gave him the food brought by his father and did not allow him to meet his father. He was not allowed to meet any other relatives.
On November 26th, he reported that he felt difficulties while walking due to pain on his soles, back and thigh and he had also lost listening power of his left ear. On the day of his arrest, due to the severe beating, he urinated blood. He also suffered from insomnia. Some black scars and contusions could be seen on his back.
Action requested :
Please write to the authorities in Nepal urging them to:
i. pressure police authorities to immediately reply to the court’s request pursuant to the two habeas corpus filed on the case of Manoj Rai;
ii. take all possible measures to locate Manoj Rai and guarantee his physical and psychological integrity, as well as provide him with medical assistance and ensure his psychosocial rehabilitation and due reparation;
iii. order a thorough and impartial investigation into the circumstances of his arbitrary arrest, torture and transfer or release, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. take all necessary measures to ensure respect for the international human rights instruments to which Nepal is party, especially the UN Convention on the Rights of the Child, which includes respect for the prohibition of torture and cruel, inhuman or degrading treatment and punishment.
Addresses :
Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
General Pyar Jung Thapa, Chief of Army Staff (COAS), Army Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
Brigadier General B A K Sharma, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292 / 229 451
Gyanendra Raj Rai, Deputy Inspector General of Police, Head, APF Human Rights Cell, Armed Police Force (APF), Halchowk, Swayambhu, Kathmandu, Nepal, Fax: + 977 1 4 411 384
Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal, Fax: + 977 1 4 415 593 / 415 594
Ambassador, Acharya, Gyan Chandra, Permanent Mission of the Kingdom 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, December 2, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.