Torture in police custody - Risk for safety and risk of impunity

Geneva, 12 October 2007

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 about the arbitrary detention of and torture inflicted upon Mr. Man Prasad Dahal and Mr. Bikash K.C. while in detention at the Area Police Office (APO) Kohalpur, Banke district[1]. OMCT is particularly concerned for the safety of Mr. Bikash K.C. as he remains detained at the said-police station.

According to the information received, Mr. Bikash K.C., a 18-year-old school teacher, permanent resident of Khara VDC -8, Rukum District, was arrested at Bidhayanagar of Kohalpur VDC - 2, Banke District, on 13 September 2007, at around 2 a.m. by a team of policemen including Assistance Sub-Inspector (ASI) Devi Lal Bohara deployed from APO Kohalpur, Banke district. Mr. Bikash K.C. was reportedly arrested after his cousin Sub-Inspector (SI) Ganeshman Khadka of APO Kohalpur accused him of having called the group of three-four boys who attacked SI Ganeshman Khadka with sharp weapons while he was sleeping on 13 September 2007. Mr. Bikash K.C. was living temporarily at his cousin’s place for professional reason. Mr. Bikash K.C. denied any implication in this event stating that he had only tried to help his cousin when he was attacked, but without success.

Following his arrest, he was reportedly taken to APO Kohalpur where he was allegedly tortured. The perpetrators were identified as ASI Devi Lal Bohara and SI Ganeshman Khadaka. According to the information, Mr. Bikash K.C. had to stand for many hours on several occasions impeding him to sit or sleep. Almost every night SI Ganeshman Khadaka and ASI Devi Lal Bohara reportedly used to come in his room and threaten to shoot him. SI Ganeshman Khadaka threatened to kill him saying he did not care about his job. The two police officers allegedly also kicked him two times a day, sometimes with iron rods. He was handcuffed during the detention and not allowed to meet anybody. He reported that when human rights activists tried to visit him, police used to shift him in another room. Furthermore, he reportedly did not receive sufficient food and once the food was mixed with dust of glass. He also reported to have been obliged to eat an iron nail covered with paper.

According to the information received, a lawyer reportedly talked to APO police inspector in charge, Mr. Janak Bahadur Shahi, after a short conversation he had with Mr. Bikash K.C. on 26 September 2007 during a visit to APO Kohalpur. However, the APO police inspector reportedly said it was a private matter related to the family of SI Ganeshman Khadaka and that if Mr. Bikash K.C. was detained and not remanded to the court it was at the request of SI Ganeshman Khadaka. Inspector Janak Bahadur Shahi reportedly requested not to disclose the incident. Nevertheless, after the intervention of a local NGO, Advocacy Forum (AF), Mr. Bikash K.C. was remanded to the District Court, Banke district, on 27 September 2007 on the charge of attempt to murder.

On 30 September 2007, a human rights NGO team met Mr. Bikash K.C. again. He reportedly complained that he had been tortured by SI Ganeshman Khadaka on 26 September 2007 with a baton on his buttocks and back after the visit of the above-mentioned lawyer. According to the victim, SI Ganeshman Khadaka blamed that he had met with the lawyer. Mr. Bikash K.C. further said that he was laid down on a bedstead in a room of the communication department and tortured badly with iron rods on his buttocks and back by three police personnel including Mr. Tilak Sharma and Mr. Dipendra Khatri as instructed by SI Ganeshman Khadaka. After being tortured for a while, he asked water to drink. However, those police reportedly gave him urine instead of water, which he was forced to drink.

Mr. Bikash K.C. is reportedly still detained at APO Kohalpur. While AF team is providing him with legal aid and he has reportedly since then received food and other facilities, he has still not received any medical assistance and the transfer request made by AF to another detention center was overturned by the APO police inspector who reportedly said that Mr. Bikash K.C. would not be subjected to further torture and ill-treatment.

According to the same information received, another individual did also face acts of torture in the same APO police station. Mr. Man Prasad Dahal, a 23-year-old farmer and permanent resident of Kausila Nagar, Rjhina Village Development - 5, Banke district, was arrested on 16 August 2007 at around 8 p.m. He was arrested on the charge of public offence from Rajeana – 5, Kausaliya Nagar of Banke district by a group of police deployed from APO Kohalpur, Banke. He was accused by his sister-in-law Susila Dahal of stealing 2000 rupees although the police reported 25’000 rupees in the police file.

After the arrest, Mr. Man Prasad Dahal was reportedly beaten by the senior police constable all over his body, especially on his back, around 10 minutes, with a stick about three inches thick and one meter long. The senior police constable reportedly scolded him with vulgar words while beating him. He was then taken to APO Kohalpur.

At APO Kohalpur, a police inspector, Mr. Janak Bahadur Shahi, reportedly came into his room at 8pm drunk and beat him about 20 minutes with a bamboo stick especially on his back, calves and hands. He was then reportedly beaten in a similar way for a week. He also had to jump like a frog. The police inspector was reportedly often drunk and he threatened Mr. Man Prasad Dahal to take off the skin of his body if he would disclose the incident.

On 18 August 2007, he was eventually taken to District Administration Office, Banke district. He was remanded for 22 days.

Mr. Man Prasad Dahal was then taken to the Teaching Hospital at Kohalpur, Banke district for treatment but no medication was reportedly provided to him. He was also not taken for his x-ray as recommended by the doctor. He reportedly still suffers pain on his arms, back, and chest. He coughed blood and had respiration problems for 2 days after being severely tortured. Furthermore, there were some three blue scars about 3 inches long on his back.

Since 10 September 2007, Mr. Man Prasad Dahal is detained at District Jail of Banke district as he was not able to pay the bail amount of 14,000 rupees asked by District Administration Office, Banke. As the investigation is going on, he has to stay in jail until the final decision of the court. He has now reportedly hired his own lawyer.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Mr. Man Prasad Dahal and Mr. Bikash K.C. and the particular risk for safety of this latter as Mr. Bikash K.C. remains detained at APO Kohalpur. OMCT is also very much concerned about the general climate of impunity enjoyed by the perpetrators. OMCT 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 and impartial 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. Bikash K.C. and Mr. Man Prasad Dahal;
2. Order the immediate transfer of Mr. Bikash K.C. to another detention place;
3. Guarantee immediate and unconditional access to their lawyers, families and any medical treatment they may require;
4. 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;
5. Order a thorough and impartial investigation into these events, in particularly the torture inflicted by police officers at APO Kohalpur in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. Guarantee that adequate compensation is awarded to the victims;
7. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Home 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, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206 Fax: +977 1 4211266
• Mr. Yagya Murti Banjade, Attorney General, Office of Attorney General
• Ramshahpath, Kathmandu, NEPAL, Fax: +977 1 4262582, Email: attorney@mos.com.np
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.np; 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
• Mr. Kedar Nath Uppadhya, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973
• Ambassador Acharya, Gyan Chandra, Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• Ambassador Thata Yarayan, Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 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.

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Geneva, 12 October 2007

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

[1] A case of a minor has also been reported to OMCT. Please see OMCT urgent appeal NPL 121007.CC for further information.