Nepal
18.02.03
Urgent Interventions

'Nepal: Torture and arbitrary detention of Ms. Nita Gautam and Ms. Sushila Thapa

Case NPL 180203.VAW
Violence Against Women/Torture/Arbitrary detention/Threats


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 and corresponding torture of Ms. Nita Gautam and Ms. Sushila Thapa in Nepal.

According to the information received, on 16 June 2002, Nita Gautam and Sushila Thapa were arrested at a restaurant in Boudha Kathmandu. Nita Gautam was taken to the Ward Police Station, Boudha, where she was kept for several hours. Then she was blindfolded and transferred to another place, which she later identified as Mahendra Police Club, Kathmandu. There, she was forced to lie down while the police beat her with wooden sticks on her back and thighs. The police interrogated her about her involvement in Maoist activities, asking her for addresses of Maoist leaders and accusing her of having a sexual relationship with such leaders. When she asserted her innocence, the police stuck a wooden stick in her vagina. They also tied up her hands and legs and put a wooden stick between her legs, forcing her to remain in that position all night. She eventually lost consciousness and when she awoke, she felt pain all over her body. After three days, she was transferred to Ward Police Station, Kathmandu, where the police continued to abuse her psychologically.

After a month, she was placed in the central jail under preventive detention as provided by the Terrorist and Destructive Activities (Prevention and Punishment) Act (TADA). On January 21, she was moved to the Hanumandhoka Police Station.

On February 4, 2003, a lawyer visited her and reported that bruises could be seen all over her body, particularly on her back. She also complained of blisters on her thighs as well as in the vaginal area. She has requested an examination by a female gynecologist but as of yet, no such exam has been granted.

It is reported that Nita Gautam is a student and she worked as a district committee member of the All Nepal Free Student Union.

Ms. Sushila Thapa was arrested at the same time as Ms. Gautam and she is also a student. After being arrested and brought to the Ward Police Station, Boudha, Ms. Thapa was forced to lie down while police beat her with wooden sticks. She was moved to the Mahendra Police Club that same evening. There, the police tied her legs together and continued to beat her, specifically on her thighs and the soles of her feet. After such treatment, Ms. Thapa accepted her “alleged” crime but when she asserted that she had not participated in disruptive activities, the police tied her hands together, forced her to sit with a wooden stick between her legs, and beat her entire body. While insisting that she accept her crime, the police continued to beat her with wooden sticks, as well as with their belts and boots. She fell unconscious and was taken to a hospital but she cannot remember which hospital. This torture continued for three days.

At that time, she was transferred to the Ward Police Station, Tinkune. There, although she was not physically tortured, she was subjected to psychological distress caused by the threats of the police. They threatened to strip her clothes off, take pictures of her naked body and show the photographs to her family as well as display the photographs in a public place. Further, they accused her of having sexual relationships with the Maoists.

Although Ms. Thapa continues to experience pain due to the torture inflicted upon her, no medical examination has yet been provided.

The International Secretariat of OMCT is gravely concerned for the mental and physical integrity of Ms. Nita Gautam and Ms. Sushila Thapa as well as the torture and threats used against these women. In addition, OMCT is seriously concerned by the deteriorating human rights situation prevailing in Nepal, notably measures taken by the Nepalese authorities, such as the alleged use of torture combined with the apparent near-total impunity enjoyed by the perpetrators of these acts.

Action requested

Please write to the authorities in Nepal urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Ms. Nita Gautam and Ms. Sushila Thapa;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. intervene with the appropriate authorities in order to secure that the adequate medical assistance is provided as a matter of urgency to both women;
iv. guarantee adequate reparation;
v. guarantee the respect of human rights and the fundamental freedoms throughout Nepal in accordance with international human rights standards.

Addresses

· Rt Hon Sher Bahadur Deuba, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 227 286
· Hon Khum Bahadur Khadka, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 241 942
· General Prajwal Shamsher Rana JBR, Chief of Army Staff (COAS), Kathmandu, Nepal, Fax: + 977 1 242 168
· Madan Prasad Aryal, Defence Secretary, Ministry of Defence, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 228 204
· Mr Pradeep Shamsher J B Rana, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal, Fax: + 977 1 415 593/415 594
· H.E. Dr. Shambhu Ram Simkhada, Ambassador to the United Nations, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: + 41 22 7332722; E-mail: mission.nepal@ties.itu.int

Please also write to the embassies of Nepal in your respective country.

Geneva, February 18, 2003

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