Nepal: Torture and ill-treatment in detention

The International Secretariat of the World Organisation Against Torture (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 and Antenna International, a member of OMCT SOS-Torture network, about the torture and ill-treatment of 35 year old Mr. Gurung Shekhar, temporary resident in Kathmandu Sub-metropolitan City, Dallu, Kathmandu, by police officers while in detention.

According to the information received, Mr. Gurung Shekhar was arrested on 31 May 2008 at about 7.30pm while chatting with a friend at Helambu Restaurant in Maitidevi, Kathmandu Sub-metropolitan city and then taken to the Singhadarbar Metropolitan Police Sector, Kathmandu, accused of hooliganism and contributing to violence.

Once there, Mr. Gurung Shekhar was reportedly detained in a separate room. He was allegedly beaten when he tried to ask questions about his arrest and severely blamed and shouted at. Then, five policemen (one sub-inspector, one assistant sub-inspector and three police constables) allegedly beat him on both soles of his feet, ankles, back of his knees and both thighs with a bamboo stick. They allegedly further beat him indiscriminately one after another for about 25 to 30 times continuously. At the meantime, one of the policemen also beat him on the right side of his stomach with bamboo sticks.

On 1 June 2008, Mr. Gurung Shekhar was transferred to Kathmandu Metropolitan Police Range, Hanumandhoka and was remanded on the same day on the charge of public offence. On 19 June 2008, District Court of Kathmandu ordered his release on bail (7’000 rupees) but as Mr. Gurung Shekhar has been unable to pay he remains detained at Kathmandu Metropolitan Police Range. According to the information, Mr. Gurung Shekhar has not suffered further torture and ill-treatment since his transfer.

According to the same information, Human Rights NGO Advocacy Forum, who managed to see Mr. Gurung Shekhar on 6 June 2008, drafted an application for a physical and psychological checkup of Mr. Gurung Shekhar with the Kathmandu District Court on 9 June 2008, after he had complained of pain. Mr. Gurung Shekhar was subsequently brought to Bir Hospital on 10 June 2008 (the medical report is reportedly not available).

The International Secretariat of OMCT expresses its deep concern about the acts of torture and ill-treatment suffered by Mr. Gurung Shekhar in custody. OMCT recalls that Nepal is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the Nepalese authorities to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a thorough investigation in this regard.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Gurung Shekhar as well as guarantee him immediate and unconditional access to his family, lawyer and appropriate medical treatment he may require;
2. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
3. Order a thorough and impartial investigation into these events, notably the acts 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;
4. Guarantee that adequate compensation is awarded to Mr. Gurung Shekhar;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular ensure that all acts of torture are clearly defined in law as offences under criminal law in accordance with the provisions set out in Article 1 of the Convention against Torture and shall be made punishable with appropriate penalties which take into account the grave nature of the crimes as required under Article 4 of the Convention against Torture.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, 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
• Mr. Yagya Murti Banjade, Attorney General, Office of Attorney General, Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.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; info@nepalpolice.gov.np
• SP Nava Raj Silwal, 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
• Mr. Kedar Nath Uppadhya, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973
• Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• 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.

Geneva, 07 July 2008

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