New allegations of torture and ill-treatment at Metropolitan Police Range (MPR), Hamunadhoka police station_ Fear for the safety of Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung

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 in police custody of Ms. Indra Kala Gurung and Ms. Saraswoti Gurung, two sisters living in Ghanpokhara VDC- 7, Lamjung district, as well as of Mr. Chandra Bahadur Gurung, resident of Pithauli VDC- 7, Nawalparasi district. OMCT also fears that they may be at risk of further torture and ill-treatment as they remain detained at Metropolitan Police Range (MPR), Hamunadhoka police station, in Kathmandu.

According to the information received, on 3 February 2010, Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung were arrested separately by several policemen over the abduction of Mr. Gopal Malla (the brother-in-law of Ms. Indra Kala Gurung)[1] and taken to the crime division of MPR, Hanumandhoka.

OMCT has been informed that the three above mentioned individuals suffered torture and other forms of ill-treatment during the interrogation sessions, which reportedly lasted for three days. They were allegedly forced to sit on their knees and they were beaten with a rubber pipe as well as with a bottle of mineral water on the palms of their hands, their face, backs, tights and soles. The policemen reportedly verbally abused them and shouted at them. The police also took pictures of Ms. Saraswoti Gurung, which were published the following day in the Himalayan Times Daily newspapers. None of them was allowed to contact its family for several days.

According to the same information, on 5 February 2010, all three were taken to Bir Hospital but no adequate medical examination was carried out. They were then brought to the District Court, Kathmandu, which remanded them in custody.

On 21 February 2010, human rights NGO Advocacy Forum-Nepal registered on behalf of the victims an application for a physical and mental check-up under the Torture Compensation Act, before the district court, which was granted on 22 February 2010 (no additional information is currently available).

As of issuing this urgent appeal, Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung remain detained at MPR Hamunadhoka police station pending trial. They would suffer from severe psychological and physical problems, including difficulties to sleep and trauma.

The International Secretariat of OMCT expresses its deep concern about the allegations of torture and other forms of ill-treatment inflicted upon Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung in police custody and fears for their safety as they remain detained under the same police control. OMCT is particularly preoccupied about these facts since a previous case of torture and other forms of ill-treatment at MPR, Hamunadhoka police station has already been documented by OMCT (see OMCT urgent appeal NPL 120210).

OMCT therefore calls upon the competent Nepalese authorities to guarantee the physical and psychological integrity of Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung, at all times, in accordance with international human rights law, in particular the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners, and to order their immediate transfer to another detention centre, where they are not at risk of further torture and other ill-treatment.

OMCT recalls that, in line with their obligations under the abovementioned treaties, it is incumbent on the competent Nepalese authorities to consider seriously any allegations of torture and other forms of ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions.

Finally, OMCT recalls Article 11 of the Convention against Torture which stipulates that “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”and article 15 of the said Convention, “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung;
2. Order their immediate transfer to another detention centre, where they are not at risk of further torture and ill-treatment;
3. Guarantee immediate and unconditional access to their lawyers and families, as well as guarantee that they are examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the recommendations of the UN Standard Minimum Rules for the Treatment of Prisoners;
4. Carry out a prompt, effective, thorough, independent and impartial investigation into the reports of torture and other forms of ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
6. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victims concerned;
7. 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, and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required.

Addresses

• Home Minister, Mr. Bhim Rawal, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• Inspector General of Police, Ramesh Chand (Thakuri), Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 432, Fax: +977 1 4 415 593. Email: info@nepalpolice.gov.np
• Attorney General, Mr. Bharat Bahadur Karki, Office of Attorney General
• Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np
• Chief of Human Rights Cell of police, Mr. Sarbendra Khanal, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 1 4415593 E-mail: hrcell@nepalpolice.gov.np
• Chairman of the National Human Rights Commission, Mr. Kedar Nath Uppadhya, 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

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

Geneva, 23 February 2010

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

[1] According to the information received, Ms. Indra Kala Gurung was arrested after her husband filed a complaint against her for the abduction of his brother, Mr. Gopal Malla. Ms. Indra Kala Gurung had reportedly held this latter with the help of her cousin, Mr. Chandra Bahadur Gurung, in a way to ask her husband to return some money she had borrowed for him to go to Korea.