Nepal
04.11.04
Urgent Interventions
Nepal: Arbitrary arrest, torture and re-arrest of Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta and arbitrary arrest of Ms. Sonam Gurung
NPL 041104
Arbitrary arrest/ Arbitrary detention/Torture/ Re-arrest
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the arbitrary arrest, torture and re-arrest of Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta, and arbitrary arrest of Ms. Sonam Gurung, in Nepal.
According to the information received, Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta, husband and wife, both Indian Nationals, permanently residing in Motihari, India, and currently residing at Maharajganj, Ward No. 3, Kathmandu Metropolitan, were arbitrarily arrested in their tea shop at around 2:00pm on 24 August 2004. Reportedly, two police personnel from ward police office Maharajganj entered the establishment and asked the couple to leave with them. They refused to go with the officers proclaiming that they had made no mistakes. The police then forced the couple to go with them to the police office.
Upon arrival at the police station, it is reported that Police Inspector Sahakul Bahadur Thapa questioned the couple about the application which was filed against them by two men, named Rajan and Daman, which had previously been partners with Mr. and Mrs. Gupta in owning a small hotel. Rajan and Daman had filed a petition against Mr. and Mrs. Gupta regarding a partnership dispute. Police Inspector Thapa asked Mr. and Mrs. Gupta to accept what Rajan and Daman had stated, but they refused.
According to the information, Inspector Thapa then ordered his subordinate police to beat Mr. Gupta. Two policemen took Mr. Gupta into a room where they began to verbally abuse and randomly beat him with a stick, and their fists, punching into his back, thigh, and other parts of his body. Mr. Gupta was released around 4:00pm the same day.
The very next day the police asked Mr. Gupta to go to the police office. He refused, and the police threatened him that they would torture him again if he would not accept their demands. Mr. Gupta then accepted and gave furniture and other belongings to Rajan and Daman.
According to the information provided, Mrs. Gayatri Devi Gupta, also arrested at the same time as her husband, was also taken to the police office Maharajganj at around 2:00pm. She was taken to a separate room from her husband and was pressured to accept their demands. She refused to do so, and thus was beaten with a pipe and stick on her head, arms, back, thigh, foot and sole. They reportedly beat her for about an one and a half hours. She was released around 4:00pm on the same day after the severe beating.
With the help of the Centre for Victims of Torture Nepal (CVICT), Mr. and Mrs. Gupta reportedly filed a torture compensation case on 15 September 2004 to the District Court Kathmandu, claiming that they should be awarded one hundred thousand rupees each for compensation and medical expenses. They have also demanded departmental action against the perpetrators; Inspector Thapa, and his subordinates who were involved in committing the tortures. Both of these cases are still sub judice in the courts.
After the case was filed, the Police Inspector ordered his subordinate to arrest Mr. and Mrs. Gupta and to bring them back to the police station. On 26 October 2004 two policemen returned to the small establishment owned by the Gupta’s and arrested Mrs. Gupta and an employee named Ms. Sonam Gurung. The two were taken to the police station and detained all night with no food or water. While in detention the police verbally abused them and struck them with a plastic pipe, a stick and their fists. The two were released the next day at around 1:00pm. While Mrs. Gupta was detained, Mr. Gupta had visited the police station inquiring about the whereabouts of his wife, he was verbally abused and threatened with the shutting down of his teashop.
The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Kanhaiya Lal Gupta, Mrs. Gayatri Devi Gupta and Ms. Sonam Gurung as their injuries were severe. OMCT calls on the authorities to launch a prompt, thorough and impartial investigation into the circumstances of these events in order to bring those responsible for any violations of human rights to justice.
Action requested
Please write to the authorities in Nepal urging them to :
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta, and Ms. Sonam Gurung;
ii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victims of this abuse;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Adresses
Please also write the embassies of Nepal in your respective country.
Geneva, 4 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest/ Arbitrary detention/Torture/ Re-arrest
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the arbitrary arrest, torture and re-arrest of Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta, and arbitrary arrest of Ms. Sonam Gurung, in Nepal.
According to the information received, Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta, husband and wife, both Indian Nationals, permanently residing in Motihari, India, and currently residing at Maharajganj, Ward No. 3, Kathmandu Metropolitan, were arbitrarily arrested in their tea shop at around 2:00pm on 24 August 2004. Reportedly, two police personnel from ward police office Maharajganj entered the establishment and asked the couple to leave with them. They refused to go with the officers proclaiming that they had made no mistakes. The police then forced the couple to go with them to the police office.
Upon arrival at the police station, it is reported that Police Inspector Sahakul Bahadur Thapa questioned the couple about the application which was filed against them by two men, named Rajan and Daman, which had previously been partners with Mr. and Mrs. Gupta in owning a small hotel. Rajan and Daman had filed a petition against Mr. and Mrs. Gupta regarding a partnership dispute. Police Inspector Thapa asked Mr. and Mrs. Gupta to accept what Rajan and Daman had stated, but they refused.
According to the information, Inspector Thapa then ordered his subordinate police to beat Mr. Gupta. Two policemen took Mr. Gupta into a room where they began to verbally abuse and randomly beat him with a stick, and their fists, punching into his back, thigh, and other parts of his body. Mr. Gupta was released around 4:00pm the same day.
The very next day the police asked Mr. Gupta to go to the police office. He refused, and the police threatened him that they would torture him again if he would not accept their demands. Mr. Gupta then accepted and gave furniture and other belongings to Rajan and Daman.
According to the information provided, Mrs. Gayatri Devi Gupta, also arrested at the same time as her husband, was also taken to the police office Maharajganj at around 2:00pm. She was taken to a separate room from her husband and was pressured to accept their demands. She refused to do so, and thus was beaten with a pipe and stick on her head, arms, back, thigh, foot and sole. They reportedly beat her for about an one and a half hours. She was released around 4:00pm on the same day after the severe beating.
With the help of the Centre for Victims of Torture Nepal (CVICT), Mr. and Mrs. Gupta reportedly filed a torture compensation case on 15 September 2004 to the District Court Kathmandu, claiming that they should be awarded one hundred thousand rupees each for compensation and medical expenses. They have also demanded departmental action against the perpetrators; Inspector Thapa, and his subordinates who were involved in committing the tortures. Both of these cases are still sub judice in the courts.
After the case was filed, the Police Inspector ordered his subordinate to arrest Mr. and Mrs. Gupta and to bring them back to the police station. On 26 October 2004 two policemen returned to the small establishment owned by the Gupta’s and arrested Mrs. Gupta and an employee named Ms. Sonam Gurung. The two were taken to the police station and detained all night with no food or water. While in detention the police verbally abused them and struck them with a plastic pipe, a stick and their fists. The two were released the next day at around 1:00pm. While Mrs. Gupta was detained, Mr. Gupta had visited the police station inquiring about the whereabouts of his wife, he was verbally abused and threatened with the shutting down of his teashop.
The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Kanhaiya Lal Gupta, Mrs. Gayatri Devi Gupta and Ms. Sonam Gurung as their injuries were severe. OMCT calls on the authorities to launch a prompt, thorough and impartial investigation into the circumstances of these events in order to bring those responsible for any violations of human rights to justice.
Action requested
Please write to the authorities in Nepal urging them to :
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Kanhaiya Lal Gupta and Mrs. Gayatri Devi Gupta, and Ms. Sonam Gurung;
ii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victims of this abuse;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Adresses
- Shyam Bhakta Thapa, Inspector General of Police (IGP), Police Headquarter, Maharajganj, Kathmandu, Nepal, Tel: +997 14 412432/412737 (direct), +997 14 414985 (residence), Fax: +977 14 415593
- Mr. Sher Bahdur Deuba, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Tel: +977 1 228555 or 227955, Fax: +977 1 4 227286/227765
- Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal, Tel: +977 1 5 547 974 or 525 659 or 547 975, Fax: +9771 5 547 973, Email: nhrc@ntc.net.np
- Mr. Theo C. van Boven, Special Rapporteur on the Question of Torture, OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Geneva 10, Switzerland, Fax: +41 22 917 9016
Please also write the embassies of Nepal in your respective country.
Geneva, 4 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.