Dear friends,
The Asian Human Rights Commission (AHRC) has received information that an 18-year old 10th grade student, Dipen Limbu, was tortured after being accused of extorting money from local shopkeepers. He was tortured repeatedly, first in a hotel in front of which he had been arrested by three police officers in civilian clothes from the Temporary Police Station, Sanichare, Jhapa District, then in the police van in the way to the police station and again in the Area Police Office, Birtamod by three to four police officers from the APO. He was kept there for two days, without being brought before a judicial authority, being provided with an arrest warrant or a detention letter in clear violation of domestic legislation. Although he was brought before a doctor, in spite of visible injuries, the doctor did not ask him if he had been tortured. He was released on 22 July, with no charges being filed against him.
CASE NARRATIVE:
According to the information we have received, Mr Limbu was playing in front of Hotel Angry Boy, with a friend, when at around 7 pm on 20 July 2012, three policemen in civilian clothes from the Temporary Police Station, Sanichare, Jhapa district came to him. He was able to identify one of them as Assistant Sub-Inspector Ram Kumar Sherpa. The policemen took him inside the hotel Angry Boy and ordered him to kneel. Without prior notice they punched his head and kicked his back until he fell to the floor. They then accused him of having extorted money from local shopkeepers. While he was still lying on the floor on his stomach, they kept on kicking his head, chest and other parts of his body and used sticks to beat him all over his body. When he tried protecting himself, his shin and fingers also got hurt and the policemen tried preventing him from doing so by stepping on his fingers and increasing their kicks to his stomach and chest.
The policemen then telephoned to Area Police Office (APO), Birtamod. ASI Sherpa insulted Mr Limbu and threatened that a case would be filed against him “that will ensure he will rot away in jail.” He continued kicking the victim’s stomach and bottom a few more times. After a while, a police van arrived and took the victim to the APO, Birtamod.
The torture continued during the journey to the APO. The policemen caught the victim by his hair and during three minutes kicked him. After arriving at the APO, three to four policemen from the APO forced him to sit on his knees and took turn to beat him with a black plastic pipe and a rubber belt. Two to three times they slapped on both his cheeks.
The victim was then taken to Kankai Hospital, Birtamod for a medical check-up. Even though the victim was now having very visible injuries, the doctor did not ask him about their provenance and limited himself to ask whether he had consumed alcohol, as the police remained present during the examination. The presence of policemen during the medical examination of a detainee is a problem routinely observed in Nepal, which prevents victims of torture from speaking freely to the doctor, allowing torture to remain undisclosed and prevent victims from accessing the medical treatment they require.
Afterwards he was brought back to the APO and detained in a cell, without being provided with a detention letter or an arrest warrant, as is required by the law. He was kept there for two days, without being brought before a judicial authority, in spite of constitutional provisions stipulating that any person arrested should be brought before a judge within 24 hours of his or her arrest. He was released on 22 July 2012 at 9 am, in the custody of his father.
After his release, he met with human rights defenders who communicated to us that they observed the following marks and wounds on his body (see pictures).
• 1-inch and 0.5-inch- diameter wounds on his right shoulder, the periphery skin was reddish.
• A 2-inch- length and width wound on right elbow and there were black and blue swollen marks on both elbows. (picture at the right)
• A reddish part, the size of a palm, on the left part of his back there was.
• 5 wounds of 1-inch- diameter (each wound could be covered by thumb) on the right knee (picture below)
• 2 wounds of almost 2-inches width and length on outer side of right knee.
• Many small wounds on his left knee
• A 3-inches length blue mark on left shin.
• Blue marks and 2, 3 small wounds below the knee caps of both legs.
• A wound and 2, 3 blue marks on the outer part of his right shin.
• A blue mark on the middle joint of little finger of left hand.
• 2 swellings on the victim’s head
In addition, the victim complained of constant neck pain and headache after being kicked with the boots and of dizziness and feeling pain in his whole body.
On 23 the court ordered that the victim be provided with medical examination and he was examined at Mechi Zonal Hospital on 24 July 2012 and provided with medicines.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ensure that an impartial and immediate investigation is launched into those allegations of police torture leading to the prosecution of the perpetrators and ensure that the victim will be protected during the length of the investigation.
Please note that the AHRC is writing a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for his intervention into this matter.
To support this appeal, please click here:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Torture of an 18-year-old student by the police in Jhapa district
Name of victim: Dipen Limbu, 18 year old 10th grade student, resident of Sanischare VDC-7, Naya Buspark, Jhapa district
Names of alleged perpetrators: Three policemen from Temporary Police Station, Sanichare, Jhapa District, including Assistant Sub-Inspector Ram Kumar Sherpa and three to four policemen belonging to Area Police Office (APO), Birtamod
Date of incident: 20 July 2012
Place of incident: Hotel Angry Boy, Sanischare, Jhapa District and Area Police Office (APO), Birtamod
I am writing to voice my deep concern regarding the torture of an 18-year old student in Jhapa district on 20 July 2012.
According to the information I have received from the Asian Human Rights Commission, Mr Limbu was playing in front of Hotel Angry Boy, with a friend, when at around 7 pm on 20 July 2012, three policemen in civilian clothes from the Temporary Police Station, Sanichare, Jhapa district came to him. One of them has been identified as Assistant Sub-Inspector Ram Kumar Sherpa.
I am informed that the policemen took him inside the hotel Angry Boy and ordered him to kneel. Without prior notice they punched his head and kicked his back until he fell to the floor. They then accused him of having extorted money from local shopkeepers. While he was still lying on the floor on his stomach, they kept on kicking his head, chest and other parts of his body and used sticks to beat him all over his body. When he tried protecting himself, his shin and fingers also got hurt and the policemen tried preventing him from doing so by stepping on his fingers and increasing their kicks to his stomach and chest.
The policemen then telephoned to Area Police Office (APO), Birtamod. ASI Sherpa insulted Mr Limbu and threatened that a case would be filed against him "that will ensure he will rot away in jail." He continued kicking the victim's stomach and bottom a few more times. After a while, a police van arrived and took the victim to the APO, Birtamod
I am concerned to hear that the torture continued during the journey to the APO. The policemen caught the victim by his hair and during three minutes kicked him. After arriving at the APO, three to four policemen from the APO forced him to sit on his knees and took turn to beat him with a black plastic pipe and a rubber belt. Two to three times they slapped on both his cheeks.
The victim was then taken to Kankai Hospital, Birtamod for a medical check-up. Even though the victim was now having very visible injuries, the doctor did not ask him about their provenance and limited himself to ask whether he had consumed alcohol, as the police remained present during the examination. I want to draw your attention to the fact that the presence of policemen during the medical examination of a detainee is a problem routinely observed in Nepal. It prevents victims of torture from speaking freely to the doctor, allowing torture to remain undisclosed and prevent victims from accessing the medical treatment they require.
Afterwards he was brought back to the APO and detained in a cell, without being provided with a detention letter or an arrest warrant, as is required by the law. He was kept there for two days, without being brought before a judicial authority, in spite of constitutional provisions stipulating that any person arrested should be brought before a judge within 24 hours of his or her arrest. He was released on 22 July 2012 at 9 am, in the custody of his father.
I am concerned to hear that human rights defenders who met with the victim after his release observed the following wounds on his body:
• 1-inch and 0.5-inch- diameter wounds on his right shoulder, the periphery skin was reddish.
• A 2-inch- length and width wound on right elbow and there were black and blue swollen marks on both elbows.
• A reddish part, the size of a palm, on the left part of his back there was.
• 5 wounds of 1-inch- diameter (each wound could be covered by thumb) on the right knee
• 2 wounds of almost 2-inches width and length on outer side of right knee.
• Many small wounds on his left knee
• A 3-inches length blue mark on left shin.
• Blue marks and 2, 3 small wounds below the knee caps of both legs.
• A wound and 2, 3 blue marks on the outer part of his right shin.
• A blue mark on the middle joint of little finger of left hand.
• 2 swellings on the victim's head
In addition, the victim complained of constant neck pain and headache after being kicked with the boots and of dizziness and feeling pain in his whole body.
On 23 the court ordered that the victim be provided with medical examination and he was examined at Mechi Zonal Hospital on 24 July 2012 and provided with medicines.
In light of the allegations exposed above, I therefore urge you to ensure that an immediate impartial and professional investigation is initiated, paving the way to the prosecutions of the perpetrators in proceedings that meet international standards. The victim's safety must be guaranteed until the end of the legal proceedings, and those against which there are strong suspicions of involvement in the torture should be suspended from duty pending the outcome of the investigation. The state has the responsibility to cover the medical expenses of the victim and to take all measures necessary to ensure his rehabilitation. The victim must also be provided with appropriate compensation, proportional to the damages incurred.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Rabindra Pratap Shah
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Rt. Hon. Dr. Baburam Bhattarai
Prime Minister of Nepal
Office of the Prime Minister and Council of Nepal
Singh Durbar
P.O. Box: 43312
Kathmandu
Nepal
Fax: +977 1 4211 086
Email: info@opmcm.gov.np,
bhattaraibaburam@gmail.com
3. Hon. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan, Pulchowk, Lalitpur, Nepal
G.P.O. Box: 9182, Kathmandu, Nepal
Tel.: 00977-(0)1-5010015 (Hunting Line)
Fax: 00977-(0)1-5547973
E-mail: nhrc@nhrcnepal.org
complaints@nhrcnepal.org
4. Mr. Mukti Narayan Pradhan
Office of Attorney General
Ramshah Path
Kathmandu, Bagmati
Nepal
Tel: 977-01-4240210 ,977-01-4262548, 977-01-4262394
Fax: 977-01-4262582, 977-01-4218051
Email: info@attorneygeneral.gov.np
5. Ms. Sushila Sirpali (Thakuri)
Chairperson
National Dalit Commission
Government of Nepal
Mid Baneshwor, Kathmandu, Nepal
P. O. Box: 13785, Kathmandu
Phone: +977-1-4473317, 4474336, 4479828, 4479019, 4479818
Fax: +977-1-4475989
Email: info@ndc.gov.np
6. Mr. Bijaya Kumar Gachchhadar
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
