A Statement by the Asian Human Rights Commission on the occasion of the International day in support of victims of torture.
On the International Day in Support of Victims of Torture, the Asian Human Rights Commission (AHRC) wishes to express its solidarity with the survivors who are still dealing with the consequences of the torture they underwent during the decade long civil war and for which they are still waiting for justice, seven years after the conflict came to an end. We further extend our solidarity to those survivors who have been tortured in peace time, who have been exposed to torture by a system where the abuse of power goes unchecked.
Political instability and uncertainty in Nepal, with no elected government in place, has let the eradication of torture fall to the bottom of the political agenda. There is still no law criminalizing torture in Nepal and no parliament to adopt such legislation. There is no functioning rule of law framework to ensure that law enforcement officers who have committed a human rights violation can be held accountable for having done so and no political will to allocate the resources and the energy required for the creation of strong justice institutions.
This is worrying, as this year still, human rights defenders, journalists, protesters and ordinary citizens face torture and police abuse and have little prospects for justice.
In February, a 24 year old man was tortured by police officers from the Metropolitan Police Crime Division, Hanumandhoka as they were interrogating him in relation to the investigation of a case of theft and had not managed to gather evidence against him. He was tortured repeatedly and made to pay tea and cake bills for those who had tortured him. The victim was also threatened that he would be falsely charged in a drug smuggling case and sent to jail for 17 years. Threats of charging torture victim with drug-related offences as a way to silence them and force them to confess are very common in Nepal as under the Narcotic Drugs (Control) Act 1976 suspects can be detained, without trial for a period up to 3 month, with the permission of the court. One month and a half after his initial arrest, he remained in the custody of his torturers without having been provided with a detention letter or an arrest warrant.
In September, a man arrested for snatching a gold chain had been severely tortured while in custody of the District Police Office, Kaski, for two days from 9 to 10 September, 2012, in spite of having confessed to the crime immediately. At the time of his remand, he told the judge that he had been tortured but the judge did not take any steps to ensure his protection or to order a medical check-up. After communicating his case to human rights defenders and receiving a visit from staff of the National human Rights Commission, his lawyer has been prevented from meeting with him and told that the victim would be made to pay for having told human rights defenders about the torture.
Therefore, alongside their right not to be tortured, it is the right to a fair trial, to be protected from arbitrary and illegal detention of ordinary Nepali citizens that are being trampled upon in the continuous erosion of the rule of law. Further, the inadequacies of the policing system lie at the heart of the criminal justice’s inability to hold human rights violators to account.
Police unaccountability has far-reaching consequences for the exercise of a vibrant democracy. Instances of police charge against protesters, journalists and human rights defenders through the years has proven extremely detrimental to the realization of freedom as fundamental as freedom of expression, freedom of assembly and press freedom.
Peaceful protesters who had gathered daily for two months in front of the Prime Minister’s residence in Kathmandu to denounce gender-based violence and impunity were twice manhandled by the police and arrested by dozens of officers. On 25 January, 32 protesters were arrested and detained for three hours, while one transgender activist was assaulted by four policemen and had to be taken to the hospital. Again on 16 February, the police arrested and detained 23 activists and a nine month old baby as the protests denounced the impunity benefiting Maina Sunuwar’s murderers. One activist was injured and bleeding after being punched in the face by police personnel.
Similarly protesters asking for a more inclusive local policy and journalists covering peaceful protests in Biratnagar on 10 June 2013 were charged and assaulted by the police. Two journalists and at least six protesters have been injured in the attack by the police. Witnesses have reported hearing specific orders to target journalists. When the protesters went to complain about the incident to the District Police Office they were sent away.
If the democratization process of Nepal is to make concrete progress it is of utmost importance that steps are taken to guarantee freedom of expression and assembly and the right to a fair trial; the pillars of a strong democracy. And those steps start with bringing law enforcement agencies under the authority of the rule of law.
Of course it will take more than a mere law criminalizing torture to ensure that torture becomes an issue of the past in Nepal. Instead, the attention should focus on developing an effective and comprehensive system of checks and balances able to hold police officers accountable for abuses of power and authority. Political interference into policing must be stopped immediately; all Nepalis should be able to enjoy the same protection under the law.
On the occasion of the 26 of June, the AHRC calls upon all Nepali citizens to make the issue of torture and police unaccountability their own and start a national debate on the form they want policing to take in their country.
