Torture while in detention of eight men, including five minors

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 SOS-Torture network, about the arbitrary arrest and detention, forced labor and alleged torture of eight men, including five minors between 15 and 17 years old and three adults of 18 years old. They were arrested on 4 May 2007 while waiting for public transportation on the charge of robbery in the Banke district.

The details of the eight individuals arrested are as follows:

• Mr. Madam Chaudhari, 17 (student of Grade 9), Kohalpur VDC- 55, Banke district.
• Mr. Surya Chaudhary, 18 (student of Grade 6), Kohalpur VDC- 5, Banke district.
• Mr. Aman Chaudhary, 15 (student of Grade 9), Kohalpur VDC- 5, Banke district.
• Mr. Shyam Lal Chaudhary, 17 (left studies recently), Kohalpur VDC- 5, Banke district.
• Mr. Deshu Lal Chaudhary, 17 (student of Grade 9), Kohalpur VDC- 5, Banke district.
• Mr. Maya Ram Chaudhary, 18 (student of Grade 10), Kohalpur VDC- 4, Banke district.
• Mr. Mewa La Chaudhary, 17 (student of Grade 9), Kohalpur VDC- 5, Banke district.
• Mr. Jeevan Chaudhary, 18 (student of Grade 9), Kohalpur VDC- 5, Banke district.

According to the information received, on 4 May 2007, two vans of patrolling security personnel of District Police Office (DPO) stopped at Piprahawa Chowk, Ganapur Village Development Committee (VDC), Banke district, around 9.30 pm, where the five minors and three adults were waiting for public transportation. Seven or eight police officers would have then gone out of the vans and ordered the eight victims to stand on the side of the road, where they were blamed for trying to steal something in the area. The victims tried to explain that they were returning home after attending a religious ceremony at a friend’s house, but the police reportedly did not listen and started beating them with bamboo sticks, the butt of their guns, torches and boots, and also kicked, slapped and verbally abused them for about an hour, in order to force them to accept the robbery allegation. The police officers then tied their hands on the back with the victims’ shirts and handkerchiefs and then loaded into the police van.

The victims were then all transported to the Bheri Zonal Hospital, Nepalgunj, Banke district, for a medical check-up. However, no one was provided with any medications.

At 1 a.m on the next morning, they were all brought to the District Police Office, Banke district, where they complained of their pain due to the torture they had suffered.

At the DPO, the group was interrogated and beaten with sticks two to three more times during the night. On the following day, some of the members of the group were again interrogated and then forced to dig a big pond on the DPO premises. They were then compelled to work for the preparation of the pond for five days during their detention at the DPO.

On 6 May 2007, all the eight victims were produced to the Banke District Court on the charge of robbery. The Court remanded them for 10 days and again remanded for more days with the same charge on 11 May 2007. However, the victims could not complain to the courts about their torture as the police were presenting in court.

Subsequent to the ill-treatments he was subjected to, Mr. Jeevan Chaudhary’s eardrum became swollen. However, when he was examined at the Bheri Zonal Hospital, the doctor stated that he was simply suffering from a common cold.

On 11 May 2007, an application for a medical check- up was filed to the District Court of the Banke district on behalf of Messrs. Mewa La Chaudhary, Jeevan Chaudhari and Maya Ram Chaudhari, who had complained having pain. An order for their medical check-up was issued by the judge on the same day, but the victims were only brought to Bheri Zonal Hospital on 14 May 2007.

On 23 May 2007, the victims were released on the bail amount of 5,000 rupees each, except for Mr. Aman Chauhary, who was released later on the same day, in the condition to report back to the District Police Office of Banke after a week.

OMCT is gravely concerned for the physical and psychological integrity of these five minors and three adults, and recalls that Nepal is a State party to the UN Convention on the Rights of the Child, whose article 37 a) orders that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment (…)”. The Convention further establishes minimum guarantees for detained children in its Arts. 37 and 40 that have not been respected by Nepal in the present case. Moreover, OMCT wishes to recall that Nepal is also 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 victims, 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 of Nepal urging them to:

1. Ensure the physical and psychological integrity of the eight individuals mentioned above;
2. Ensure that, in case of valid legal charges that are consistent with international law and standards, they are given a prompt and fair trial before an impartial and competent tribunal, in which their procedural rights are guaranteed at all times (for the five minors in accordance with art. 37 and 40 of the Convention on the Rights of the Child);
3. Order a thorough and impartial investigation into the circumstances of the arrest and interrogation of the above-mentioned persons, notably the alleged acts of torture, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;
4. Guarantee that adequate reparation is provided to them, as victims of abuses;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards

Addresses

• Home Minister Mr. 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. Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np
• National Human Rights Commission, Pulchowck, Lalitpur, Nepal, Fax: +977 1 5547973, Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org
• SP Navaraj Silwal, Police Human Rights 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. Om Bikram Rana, Inspector General of Police, Police Head Quarters, Naxal, Kathmandu, Nepal, Fax: +977 1 4415593, Email: info@nepalpolice.gov.np
• 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, 6 June 2007

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