CHILD CONCERN/ URGENT CAMPAIGN

Torture and other forms ofill-treatment/ Risk of impunity

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in Nepal.

Brief description of thesituation

TheInternational Secretariat of OMCT has beeninformed by a reliable source and Antenna International, a member organisationof OMCT SOS-Torture Network, about severe beatings inflicted on a group of fivevillagers, including one minor, namely Umesh Lal Sah, 14 years old, Mr. BilachhanYadav, 50 years old, Mr. Budheshwor Yadav, 40 years old, Mr. JagadishSah, 45 years old and Mr. BachhaLal Mandal,50 yearsold, from Kamalpur, Saptari district.

According to the information received, on20 April 2011, Mr. Umesh Lal Sah, Mr. Bilachhan Yadav, Mr. Budheshwor Yadav,Mr. Jagadish Sah and Mr. Bachha Lal Manda went to Koshi Tappu, Conservationarea (which is located some 200 km south east of Kathmandu) looking for Mr.Bilachhhan Yadav’s lost bulls and buffalos. At around 2:30 p.m., they met ateam of officials composed of two unidentified army soldiers, a forest guardfrom Kamalpur Range Post and the president of Odraha Kamalpur mid-areaManagement Committee.

Afterverbally abusing the group of villagers, it is reported that one of the soldiersbeat Mr. Bilachhan Yadav with a rifles butt, army boots and punched with hisfists until Mr. Bilachhan Yadav fell semi-conscious to the ground. Furthermore,the same soldier reportedly kicked Mr. Jagadish Sah two or three times on hischest with his army boots until he also fell to the ground. Medical examinationlater revealed that one of Mr. Jagadish Sah’s chest bones had been broken.Then, the same soldier punched on Mr. Umesh Lal Sah’s mouth for three times,until he also fell unconscious to the ground. Mr. Umesh Lal Sah’s mouth wasseverely bleeding, one tooth was broken and two teeth were lost. Mr. Bachha LalMandal and Mr. Budheshwor Yulav were also severely beaten till they fell to theground.

Accordingto the same information, more than one hour later, Mr. Bilachhan Yadav and Mr.Bachha Lal Manda regained consciousness. Then theyran to the village to get help. Several villagers, including Mr. Umesh LalSah’s father, followed them to the place of the incident and rescued the threeother victims and took them all to Arogya Community Hospital, Fattepur, Saptaridistrict. Mr. Bilachhan Yadav, Mr. Bachha Lal Mandal and Mr. Budheshwor Yadavwere discharged after medical treatment. Due to the beatings, it is reportedthat Mr. Bilachhan Yadav cannot walk properly. Mr. Umesh Lal Sah and Mr. Jagadish Sah were the most seriously injured. Mr. Umesh Lal Sah had a brokentooth removed and the doctor advised to also remove the other two teeth. He waslater transferred to a dental clinic. He continues to take medicine regularlyand to rest at home. Due to the pain, he is only able to swallow liquid food.Mr. Jagadish Yadav reportedly had a rip broken and was transferred to another hospital.

Itis also reported that, on 20 April 2011, the dentist who was treating Mr. UmeshLal Sah was threatened by a Captain of the Nepal Army from Saptari district. Asa consequence the doctor refused to continue Mr. Umesh Lal Sah’s treatment.

On22 April 2011, the aforementioned victims reportedly informed the DistrictAdministration Office[1]of Saptari district about the incident. An application was registered beforethis authority, urging for an investigation into the case, punishment of theperpetrators and compensation for the victims. To date, there has beenreportedly no investigation into the aforementioned events.

TheInternational Secretariat of OMCT expresses its deep concern about theallegations of ill-treatment inflicted upon the minor Umesh Lal Sah,Mr. Bilachhan Yadav, Mr. Bundheshwor Yadav, Mr. Jagadish Sah and Mr. Bachha LalMandal.

OMCT recalls thatthe authorities are legally bound to effectively ensure the physical andpsychological integrity of all persons in accordance with international humanrights law, and in particular, the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment, the International Covenant onCivil and Political Rights and the Convention on the Right of the Child whenchild victims are involved.

OMCT recalls that, in line with their obligationsunder the abovementioned treaties, it is incumbent on the competent Nepaleseauthorities to consider seriously any allegations of torture and other forms ofill-treatment, and to undertake a prompt,effective, thorough, independentand impartial investigation in thisregard, in order to identify all those responsible, bring them to trial andapply adequate sanctions.

Action requested

Please write to the authorities in Nepal urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Umesh Lal Sah, Mr. Bilachhan Yadav, Mr. BundheshworYadav, Mr. Jagadish Sah and Mr. Bachha Lal Mandal;

ii. Carryout a prompt, effective, thorough, independent and impartial investigationinto the aforementioned facts,including theallegations of ill-treatment inflicted upon Umesh Lal Sah, Mr. Bilachhan Yadav,Mr. Bundheshwor Yadav, Mr. Jagadish Sah and Mr. Bachha Lal Mandal, in accordance with international human rightsstandards, theresult of which must be made public, in orderto bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

iii. Ensure that adequate, effective andprompt reparation, including adequate compensation and rehabilitation, isgranted to the victims concerned;

iv. Ensure the respect of human rights and fundamental freedomsthroughout the country in accordance with national laws and international humanrights standards, in particular ensure that all acts of torture, and cruel,inhuman and degrading treatment and punishment are clearly defined in law asoffences in accordance with the provisions set out in Articles 1, 4 and 16 ofthe Convention against Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment and that they be made punishable with appropriate penalties whichtake into account the grave nature of the crimes as required.

Addresses

Ø Ministry of Home Affairs,Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 4211 232

Ø Inspector General of Police,Ramesh Chand Thakuri, Police Head Quarters, Naxal, Kathmandu, Nepal, PO. BoxNo.: 407, Fax: +977 1 4 415 593. Email: info@nepalpolice.gov.np

Ø Attorney General, Mr. Yuv RajSangraula, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: +9771 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np

Ø DSP Bishwa Adhikari, HumanRights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 14415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairman of the National HumanRights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email:nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973

Ø Chief of ArmyStaff (CoAS), Mr. Gen Chhatra Man Singh Gurung, Nepalese Army HQ, Bhadrakali,Kathmandu, Tel: 977-1-4246140,4241731(DPR), Fax: 977-1-4269624, Email: dpr@nepalarmy.mil.np

Ø Ministry ofDefense, Mr. Singha Durbar, Kathmandu, Tel: 977-1-4211290, 4211289, Fax:977-1-4211294, Email: mod@mos.com.np

Ø Permanent Mission of Nepal, 81 rue de laServette, 1201 Geneva, Switzerland,Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int

Please also write to the embassies of Nepal in yourrespective country.

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Geneva, 3 May 2011

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

[1] The District Administration Office (DAO) is the main governing bodyof the district that is in charge of the overall administration of thedistrict, including security issues. The head of the DAO is the Chief DistrictOfficer (CDO) who has quasi-judicial power, which includes hearing publicoffence and arms and ammunition cases as well as passing verdicts and sentencesup to 7 years of imprisonment and/or 21’000 rupees.