Three individuals arbitrary detained and tortured

Case NPL 281107
Arbitrary Detention/ Torture/ Fear for safety/ Impunity

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 of the arbitrary arrest and detention of Mr. Mohammad Jabbar Miya, Mr. Mohammad Pappu Miya and Mr. Mohammad Rajjabul Hussain Miya. While Mr. Mohammad Jabbar Miya and Mr. Mohammed Pappu Miya were arrested on 4 September 2007 and detained together at District Police Office (DPO), Morang district, Mr. Rajjabul Hussain Miya was arrested on 10 September 2007. Furthermore, all three relatives were allegedly tortured by the same law enforcement agents from DPO, Morang district, in order to extract confession.

According to the information received, Mr. Mohammad Jabbar Miya, 19 years old owner of a meat shop at Devkota Chowk of Biratnagar Municipality-10, Morang district, and a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang district, was arrested around 4:00 p.m. on 4 September 2007 by Assistance Sub-Inspector of Police (ASI), Mr. Bal Ram Yadav and Mr. Shyam Choudhary of DPO, Morang district, on allegations of robbery and rape and taken handcuffed to DPO, Morang.

At about 7 p.m., he was reportedly interrogated by around 18-19 police personnel in plainclothes, out of which he could only identify three i.e. ASI Bal Ram Yadav, Mr. Shyam Chaudhary and Mr. Rajendra Mehata. ASI Bal Ram Yadav reportedly began to ask him about the details of the robbery. As Mr. Mohammad Jabbar Miya reiterated his non-involvement, ASI Bal Ram Yadav reportedly ordered Mr. Shyam Chaudhary to whip him. After a while, other policemen allegedly manhandled him and beat him indiscriminately in his head, chest, abdomen and neck with hands and sticks. Then Mr. Shyam Chaudhary reportedly ordered another policeman to bring some water and a piece of cloth. ASI Bal Ram Yadav allegedly blindfolded Mr. Mohammad Jabbar Miya after what he received a blow in his abdomen before felling down on the floor. In the meantime, a policeman started pouring water in his nose and forced him to admit his involvement in the robbery. Due to the pain, Mr. Jabbar Miya yelled but a policeman stopped him by putting a boot in his mouth. Mr. Jabbar Miya was then allegedly whipped and beaten for 30 minutes. After that, he was taken for medical examination at the Koshi Zonal Hospital in Morang, although he did reportedly not receive any medication, and was brought back to DPO, Morang in custody.

According to the same information, on 5 September 2007, at about 7 p.m. he was taken to the women police cell[1] within DPO, Morang, where a woman, supposedly the owner of the robbed house, was present. Policeman Rajendra Mehata asked him whether he recognized the woman. As Mr. Jabbar Miya answered negatively, four policemen, including Mr. Rajendra Mehata, attacked him with their batons. He was allegedly forced to sit on the floor with the foot aloft on a nearby sofa. Then, a policeman got hold of his foot and the other started beating with a wooden baton on his foot. Some three to four policemen allegedly intermittently whipped him for about half an hour in the presence of the owner. Then they forced him to jump for about 10 minutes and then threw him back in custody.

On the next day, on 6 September 2007, he was reportedly taken to his house with a team of police who had also arrested his aunt Mrs. Noorjan Khatun. At Singhya River Bridge on the way to DPO, he was handcuffed on the back and made to lie down. He was then reportedly threatened with the pistols on his forehead, temple and his neck and forced to acknowledge the alleged crime. After about half an hour, he along with his aunt were taken back to the DPO, Morang.

On 22 September 2007, Mr. Jabbar Miya was transferred to Area Police Office (APO), Rani, Morang district and then to District Jail of Morang on 5 October 2007, where he is still detained, for further trial.

According to the information, Mr. Mohammed Pappu Miya, 19 years old got-dealer and permanent resident of Neta Chowk of Banigama VCD-1, Morang district, was also arrested by a team of police from DPO, Morang, on 4 September 2007 at about 5 p.m. from Panitakni Chowk of Biratnagar, Morang district, on the charges of robbery. After his arrest, he was handcuffed and taken to DPO, Morang at about 6:30 p.m. by the police van. Mr. Mohammed Pappu Miya was taken to the interrogation cell of the DPO, Morang, where eight to ten policemen were present in the room. One of the policemen reportedly asked him whether he was involved in the robbery or not. As Mr. Pappu Miya denied any involvement, Mr. Shyam Chaudhary allegedly twisted his hands and he fell on the floor. He was then reportedly ordered to keep his legs aloft on the bench and same policeman, Mr. Rajendra Mehata, pressed his legs and ASI Bal Ram Yadav and Mr. Shyam Chaudhary beat him on the feet of his legs and ankles by wooden stick for about 15 times. They repeatedly asked about his involvement but he denied. As Mr. Pappu Miya pleaded his innocence, he was then allegedly beaten up badly by Mr. Rajendra Mehata on his buttocks, thighs and all over his body. Eventually, he reportedly gave in and acknowledged his involvement.

On 5 September 2007, in the morning, Mr. Pappu Miya was reportedly taken to the women cell by Mr. Rajendra Mehata, ASI Bal Ram Yadav, Mr. Shyam Chaudhary and other three police persons. He was handcuffed on the back and interrogated about his involvement in other rubbery cases. His denial would have led to his further torture. He fell down to the floor and Mr. Rajendra Mehata lifted him up and beaten on his calves. When he screamed in pain, Mr. Rajendra Mehata allegedly blocked his mouth. Eventually, he accepted the allegation after he was beaten with sticks, punched and kicked indiscriminately for about 75 minutes. However, they allegedly continued even after he had accepted his involvement in the robbery. On the same day at about 8:00 p.m. he was handcuffed on the back, made to lie on the floor, and then beaten up by Mr. Shyam Chaudhary and Mr. Rajendra Mehata for about half an hour.

According to the same information, the next day, on 6 September 2007, at about 10:00 a.m., an unknown policeman took Mr. Pappu Miya to the women cell again and interrogated if he was involved in Rangeli robbery incident. As he denied, the police handcuffed his hands on the back and beat him brutally for about 30 minutes taking him to the next room. On 7 and 8 September 2007, he was again reportedly beaten up while being interrogated about other robbery cases. On 9 September 2007, he was taken to the interrogation room and the police interrogated if he was involved in an incident of robbery in Dudfaram (name of a place), of Morang. Mr. Shyam Chaudhary allegedly ordered him to sit down with his legs on the sofa and Mr. Rajendra Mehata then started beating him in his foot with the stick, forcing him to accept the allegations. Mr. Mohammed Pappu Miya was then allegedly blindfolded and was forced to lie on the floor with the legs on the sofa and his hands were pulled in opposite directions. While water was allegedly poured in his nostrils, he felt suffocated and accepted all the allegations after what the police stopped beating. He was then taken back to custody. The interrogation and torture reportedly lasted for about 90 minutes.

According to the information, he was allowed to meet his relatives and family members only seven days after his arrest. He was given an arrest letter and a detention letter on 8 September 2007. He was remanded on the charge of robbery. On 22 September 2007 he was transferred to APO, Rani, Morang district, however he was sent to District Jail of Morang district on 5 October, 2007, where he is still detained, for further trial.

Mr. Mohammad Rajjabul Hussain Miya, a 24 years old butcher by profession and a permanent resident of Pakali-3, Muslim Tole, Sunsari District, was reportedly arrested on 10 September 2007 at about 2:00 p.m. by ASI Bal Ram Yadav and Mr. Shyam Choudhary of DPO Morang. He was then handcuffed and taken to APO Pakali of Sunsari District at about 2 p.m. and was detained in a separate room. ASI Bal Ram Yadav, Mr. Shyam Chaudhary and Mr. Rajendra Metha, all in plainclothes, allegedly started beating him after they had bolted the door from inside. The two policemen allegedly started beating Mr. Rajjabul Hussain Miya with bamboo batons and the other policeman thrashed him with his legs and ordered to disclose the truth. Mr. Rajjabul Hussain Miya reportedly replied that he was a butcher and owner of a meat shop in Ithari, Sangit Tole, Sunsari District and also said he was neither a thief nor a robber. After hearing this, the policemen reportedly started to parry blows after blows. They then allegedly ordered Mr. Rajjabul Hussain Miya to lie spread-eagled and started beat him all over the body with bamboo batons, legs and fists continuously for about 40 minutes. Then they took Mr. Rajjabul Hussain Miya to the next room in APO Pakali and allegedly forced him to sign on a piece of paper. Mr. Rajjabul Hussain Miya was kept in APO Pakali for about 90 minutes and again transferred to DPO, Morang, at about 4:45 p.m. where he was directly taken to the women police cell.

According to the information, after bolting the door from inside the police reportedly forcefully accused Mr. Rajjabul Hussain Miya of being a thief and a rapist. Then, ASI Bal Ram Yadav allegedly threatened to kill and rape his family members. Mr. Shyam Choudhary started beating him with a baton in his left foot (angle in between the foot and leg) continuously for about 7 minutes. Mr. Rajendra Maheta and another unknown policeman allegedly ordered Mr. Rajjabul Hussain Miya to lie spread-eagled and started beating him indiscriminately on his feet, thighs, buttocks, head, and all over the body continuously for 25 minutes. Then Mr. Rajendra Mehata allegedly parried a punch in his eyes. Bedazzled by the blow, Mr. Rajjabul Hussain Miya reportedly accepted every charge of robbery and rape that the policemen had levelled against him. He was then reportedly forced to sign a written paper without reading, and then detained in a room.

On 10 September 2007, he was admitted to Koshi Zonal Hospital for medical treatment. However, he was reportedly not provided any medication. During the treatment, Mr. Rajjabul Hussain Miya showed his injuries to the medical officer, but the policeman allegedly pulled him out of the medical room and said the injuries should not be mentioned. He was transferred to APO, Rani, Morang district on 22 September 2007 however he was sent to District Jail of Morang district on 5 October 2007, where he is still detained, for further trial.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Mr. Mohammed Jabbar Miya, Mr. Mohammed Pappu Miya and Mr. Mohammad Rajjabul Hussain Miya and in particular about the fact that the alleged torture was perpetrated by the same law enforcement agents in order to extract confessions. OMCT wishes to recall that it has already documented a case where torture was perpetrated by law enforcement agents of the DPO Morang (see case NPL 140807). OMCT is very much concerned by the apparent impunity of the perpetrators and 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. Moreover, OMCT recalls that, according to article 15 of the Convention Against Torture, “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 Mr. Mohammad Jabbar Miya, Mr. Mohammad Pappu Miya and Mr. Mohammad Rajjabul Hussain Miya;
2. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
3. Guarantee immediate and unconditional access to their lawyers, families and medical assistance if necessary;
4. Order a thorough and impartial investigation into these events, notably the allegations 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;
5. Guarantee that adequate compensation is awarded to Mr. Mohammed Jabbar Miya, Mr. Mohammed Pappu Miya and Mr. Mohammad Rajjabul Hussain Miya;
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211/ 4211229, Fax: 97714211232 Email: moha@wlink.com.np
• Mr. Baman Prasad Neupane, HR Cell, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206, Fax: +977 1 4211266
• Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np
• Mr. Om Bikram Rana, Inspector General of Police, Police Head Quarters, Naxal, Kathmandu, Nepal, Fax: +977 1 4415593, Email: 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
• Pulchowck, Lalitpur, Chairperson, National Human Rights Commission, Nepal, Fax: +977 1 55 47973, Email: complaints@nhrcnepal.org/ nhrc@nhrcnepal.org
• 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/ 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, 28 November 2007
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.