torture and subsequent death in detention of Mr. Manoj Dastorture et mort en détention de M. Manoj Das

Geneva, 1 November 2006

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 reliable sources including by the Informal Sector Service (INSEC), a member of the OMCT network, of the torture and subsequent death in detention of Mr. Manoj Das (35), Indian national, by police officers on 16 October 2006 in Nepal.

According to the information received, Mr. Manoj Das was arrested by police officers on 15 October 2006 at around 3.00pm and detained in Janasewa Police Office, New Road Kathmandu based on allegations of theft. At around 8.00pm, Assistant Police Inspector Narayan Pandit and Police Inspector Surendra Adhikari reportedly started to beat Mr. Manoj Das following instructions and in the presence of Inspector Nanti Raj Gurung, chief of the Janasewa Police Office, to extract a confession.

According to the information received, Mr. Manoj Das was repeatedly beaten on his sole with a plastic pipe and was forced to walk on the ground. He was allegedly subjected to torture until 1.00am on 16 October 2006. According to Mr. Arun Das, who was arrested and detained along with Mr. Manoj Das, the victim went three times to the toilet during the night. At around 6.45am, he was brought to Bir Hospital by police officers where he was declared dead.

On 17 October 2006, a fact finding team, composed among others by a representative of INSEC, met with Inspector Nanti Raj Gurung and inquired about the case. Moreover, on the same date, a team of forensic experts conducted a post mortem examination on the body of Mr. Manoj Das. According to its findings, the cause of the victim’s death was multiple blunt force injury on his body.

The International Secretariat of OMCT expresses its deep concern over the torture resulting in the death of Mr. Manoj Das and fears of torture of Mr. Arun Das who is reportedly currently detained in District Police Office, Hanuman Dhoka.

Action requested:

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Arun Das;
2. Order his immediate release in the absence of valid legal charges, and if such charges exist, ensure that he is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
3. Order a thorough and impartial investigation into these events, notably the allegations of torture and resulting death of Mr. Manoj Das, 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. Manoj Das family;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal, Fax: + 997 1 4 227 395 / 411 955
• Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Fax: + 997 1 5 547 973, Email: nhrc@ntc.net.np
• Lieutenant Colonel Pankaj Karki, Royal Nepal Army, Human Rights Cell, Royal Nepalese Army Headquarters, Bhadrakali, Kathmandu, Nepal, Fax: + 977 1 4245020, Email: humanrights@rna.mil.np
• Ambassador Gyan Chandra Acharya, Permanent Mission of the Kingdom of Nepal to the United Nations in Geneva, rue de la Servette 81, 1202 Geneva, Switzerland, Fax: +41 22 733 27 22, Email: mission.nepal@bluewin.ch
• Nepalese Embassy in Bruxelles, Mr. Thata Yarayan, Avenue Brugmann 210, 1180 UCCLE, Tel: +32 (0)2 346 26 58 / +32 (0)2 346 66 38, Fax: +32 (0)2 344 13 61, Email: rne.bru@skynet.be

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

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Geneva, 1 November 2006

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