Nepal
19.05.03
Urgent Interventions
Nepal: torture of three detainees in Hanumandhoka District Police Office
Case NPL 190503
Torture / Ill-treatment / Impunity
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 torture and ill-treatment of detainees in Nepal.
According to the information received, a lawyer working for a local NGO who performs regular visits to detention facilities, found that three detainees - Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari – who were being held at the Hanumandhoka District Police Office, had been severely tortured and were in need of medical attention. Deepak Laya Magar was reportedly arrested for attempted murder, while Ram Kumar Karki and Jairam Bhandari were reportedly arrested for theft. A complaint was filed with the district court on their behalf, requesting an order be issued for the police to take them to hospital.
On May 15th, 2003, the lawyer went to Hanumandhoka District Police Office to check on the status of the detainees and to ensure that they were being allowed to go to hospital to receive treatment. Sub-Inspector Resham Parajuli ordered the three detainees into an office, where he proceeded to accuse them of lying to the lawyer about the treatment they had received. The Sub Inspector then reportedly punched Deepak Laya Magar in the presence of the lawyer. He also attacked the lawyer verbally, accused lawyers of protecting criminals and saying that criminals deserve to be tortured. He proceeded to claim that criminals were lucky that human rights exist in Nepal or they would receive worse treatment, and that, as the government pays the required compensation, the police have nothing to worry about. The Sub Inspector informed the lawyer that he was free to report the incident. An Assistant Sub-Inspector, who was in civilian dress, and whose name is not currently known, was also present in the room. He wrote a letter to the hospital, allowing the detainees to be treated, but reportedly threatened them with further torture, telling them that when they returned from the hospital they would receive the "treatment.”
The three detainees were taken to the hospital, and were escorted by the lawyer. They are under medical observation and the lawyer is not permitted to visit until Monday 19th, due to visiting restrictions on public holidays. No further information concerning their condition is currently available.
OMCT is gravely concerned by the allegations of torture at the Hanumandhoka District Police Office, and the apparent total impunity that accompanies these acts. OMCT calls on the Nepalese government to guarantee the physical and psychological integrity of Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari, notably given the threats of further torture that they have received. OMCT also calls on the Nepalese government to order an immediate inquiry regarding these allegations of torture, and to ensure that the detainees receive unobstructed access to legal counsel and appropriate medical assistance.
Background information:
According to the information received, lawyers working for local non-governmental organisations (NGOs) regularly visit the Hanumadhoka District Police Office in order to provide legal aid to detainees who cannot afford legal counsel, as is guaranteed by the Constitution of the Kingdom of Nepal. Lawyers often find people that are being detained illegally, and torture is reportedly common in this police office. The lawyers file complaints on behalf of the detainees, and in the case of torture victims, they submit applications for medical examinations. The organisation that provided this information claims that it must normally provide the funds to finance the medical examination and the necessary medication, since the police claim not to have funding for hospital visits and medicine. A lawyer from the organisation also escorts those detainees on whose behalf it has filed a complaint to the hospital.
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 Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari;
ii. guarantee that they are granted access to legal representation and family visits;
iii. 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;
iv. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
v. guarantee that Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari are provided with adequate reparation, including medical assistance;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
§ Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 227 286 / 422 3838 / 442 8220 / 442 8570
§ Hon Badri Prasad Mandal, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 424 0942
§ Shyam Bhakta Thapa, 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, May 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Ill-treatment / Impunity
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 torture and ill-treatment of detainees in Nepal.
According to the information received, a lawyer working for a local NGO who performs regular visits to detention facilities, found that three detainees - Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari – who were being held at the Hanumandhoka District Police Office, had been severely tortured and were in need of medical attention. Deepak Laya Magar was reportedly arrested for attempted murder, while Ram Kumar Karki and Jairam Bhandari were reportedly arrested for theft. A complaint was filed with the district court on their behalf, requesting an order be issued for the police to take them to hospital.
On May 15th, 2003, the lawyer went to Hanumandhoka District Police Office to check on the status of the detainees and to ensure that they were being allowed to go to hospital to receive treatment. Sub-Inspector Resham Parajuli ordered the three detainees into an office, where he proceeded to accuse them of lying to the lawyer about the treatment they had received. The Sub Inspector then reportedly punched Deepak Laya Magar in the presence of the lawyer. He also attacked the lawyer verbally, accused lawyers of protecting criminals and saying that criminals deserve to be tortured. He proceeded to claim that criminals were lucky that human rights exist in Nepal or they would receive worse treatment, and that, as the government pays the required compensation, the police have nothing to worry about. The Sub Inspector informed the lawyer that he was free to report the incident. An Assistant Sub-Inspector, who was in civilian dress, and whose name is not currently known, was also present in the room. He wrote a letter to the hospital, allowing the detainees to be treated, but reportedly threatened them with further torture, telling them that when they returned from the hospital they would receive the "treatment.”
The three detainees were taken to the hospital, and were escorted by the lawyer. They are under medical observation and the lawyer is not permitted to visit until Monday 19th, due to visiting restrictions on public holidays. No further information concerning their condition is currently available.
OMCT is gravely concerned by the allegations of torture at the Hanumandhoka District Police Office, and the apparent total impunity that accompanies these acts. OMCT calls on the Nepalese government to guarantee the physical and psychological integrity of Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari, notably given the threats of further torture that they have received. OMCT also calls on the Nepalese government to order an immediate inquiry regarding these allegations of torture, and to ensure that the detainees receive unobstructed access to legal counsel and appropriate medical assistance.
Background information:
According to the information received, lawyers working for local non-governmental organisations (NGOs) regularly visit the Hanumadhoka District Police Office in order to provide legal aid to detainees who cannot afford legal counsel, as is guaranteed by the Constitution of the Kingdom of Nepal. Lawyers often find people that are being detained illegally, and torture is reportedly common in this police office. The lawyers file complaints on behalf of the detainees, and in the case of torture victims, they submit applications for medical examinations. The organisation that provided this information claims that it must normally provide the funds to finance the medical examination and the necessary medication, since the police claim not to have funding for hospital visits and medicine. A lawyer from the organisation also escorts those detainees on whose behalf it has filed a complaint to the hospital.
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 Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari;
ii. guarantee that they are granted access to legal representation and family visits;
iii. 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;
iv. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
v. guarantee that Deepak Laya Magar, Ram Kumar Karki and Jairam Bhandari are provided with adequate reparation, including medical assistance;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
§ Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 227 286 / 422 3838 / 442 8220 / 442 8570
§ Hon Badri Prasad Mandal, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 424 0942
§ Shyam Bhakta Thapa, 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, May 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.