NEPAL: Man seriously injured due to police torture

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-003-2019
ISSUES: Institutional reform, Police negligence, Police reform, Police violence, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum (AF) that police officers attached with the Police Post in Hatiya, Baglung District thrashed Mr. Som Bahadur Bista for speaking in English. Som Bahadur received life threatening injuries due to the police torture, and has been receiving treatment for his injuries. He and his family are seeking justice, treatment, and compensation. The locals in Hatiya, Baglung District came to the streets protesting against the police highhandedness, and seeking punishment for the police officers involved. The locals have been conducting a signature campaign, making a human chain and carrying out rallies in protest.

CASE NARRATIVE:

Mr. Som Bahadur Bista, 40, has been working in Thailand for the last 12 years. He came to Nepal in September 2018 when his father fell ill, and as his father’s condition is improving, he was planning to go back to Thailand after 1 or 2 months.

At around 4:30 p.m. on 13 January 2019, Som Bahadur went out to attend a meeting for road construction in Galkot. At around 9 pm the same day, while he was returning home with Bikki Gaire and Krishna KC, and when they came near the Police Post in Hatiya, one policeman shook hands with Bikki Gaire. Som Bahadur also took out his hand from his pocket and tried to shake hands with him, but the police officer verbally abused him saying, “Ma saale” (bloody bastard). Then Som Bahadur asked in English, ‘What do you mean by ‘Ma saale’?’ Angered by Som Bahadur speaking in English, the policeman started beating and kicking him. Using sticks, Policemen Prem Thapa and Buddha Bista (rank unidentified) hit and kicked him on different parts of his body. Krishna KC requested the police not to beat him, but he too was then beaten.

After that incident, Som Bahadur returned home with difficulty. When there was intolerable pain in his stomach, his wife and son took Som Bahadur to the Arati Medical in Hatiya. The video x-ray was not clear, so he was advised to come the following morning on an empty stomach. On their way home, as they passed the police post, they saw the policemen in plain clothes. When Som Bahadur’s son asked them why they beat his father, they told him to come the following morning at 10 a.m. for discussion.

Then they returned home. Once at home, Som Bahadur felt dizzy and fell down. He even vomited. He also suffered from loose motions the whole night.

The following morning Som Bahadur was again taken to the medical centre, where a doctor gave him saline water and did an x-ray. The doctor said that he was suffering from internal stomach injuries. Som Bahadur’s family members then took him to the Fewa City Hospital in Pokhara. There, it was diagnosed that his bile duct, bladder and pancreas were damaged. Around three liters of blood was clotted in his stomach. The doctor said that if he had been admitted a few hours later, he could have died. Som Bahadur has received 52 stitches in his stomach.

Som Bahadur and his family need immediate support. He was the breadwinner of the family, and due to police torture, he has been badly injured. His health condition is improving gradually after the operation. The AHRC demands legal action against the perpetrators, medical treatment for Som Bahadur and adequate compensation for the pain he suffered and loss of future opportunities.

SUGGESTED ACTION:

The AHRC calls for quick and stringent action by the Government of Nepal, and investigation into the torture by the police. The police officers must be suspended during the investigation as they could tamper with the evidence and threaten the victim and the family. Som Bahadur must receive protection, and the government must ensure proper treatment to him. The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

NEPAL: Man seriously injured due to police torture

Name of victims: Mr. Som Bahadur Basnet, resident of Harichaur RMC-6, Baglung district

Name of alleged perpetrators:

1. Police Constable Prem Thapa attached with the Police Post Hatiya, Baglung District, Nepal
2. Police Constable Buddha Bista attached with the Police Post Hatiya, Baglung District, Nepal

Date of incident: 13 January 2019 to the present

Place of incident: Hatiya, Baglung District of Nepal

I am writing to voice my deep concern regarding Mr. Som Bahadur Bista who was severely tortured by the police officers attached with the Police Post Hatiya of Baglung District, Nepal.

Mr. Som Bahadur Bista, 40, has been working in Thailand for the last 12 years. He came to Nepal in September 2018 when his father fell ill, and as his father’s condition is improving, he was planning to go back to Thailand after 1 or 2 months.

At around 4:30 p.m. on 13 January 2019, Som Bahadur went out to attend a meeting for road construction in Galkot. At around 9 pm the same day, while he was returning home with Bikki Gaire and Krishna KC, and when they came near the Police Post in Hatiya, one policeman shook hands with Bikki Gaire. Som Bahadur also took out his hand from his pocket and tried to shake hands with him, but the police officer verbally abused him saying, “Ma saale” (bloody bastard). Then Som Bahadur asked in English, ‘What do you mean by ‘Ma saale’?’ Angered by Som Bahadur speaking in English, the policeman started beating and kicking him. Using sticks, Policemen Prem Thapa and Buddha Bista (rank unidentified) hit and kicked him on different parts of his body. Krishna KC requested the police not to beat him, but he too was then beaten.

After that incident, Som Bahadur returned home with difficulty. When there was intolerable pain in his stomach, his wife and son took Som Bahadur to the Arati Medical in Hatiya. The video x-ray was not clear, so he was advised to come the following morning on an empty stomach. On their way home, as they passed the police post, they saw the policemen in plain clothes. When Som Bahadur’s son asked them why they beat his father, they told him to come the following morning at 10 a.m. for discussion.

Then they returned home. Once at home, Som Bahadur felt dizzy and fell down. He even vomited. He also suffered from loose motions the whole night.

The following morning Som Bahadur was again taken to the medical centre, where a doctor gave him saline water and did an x-ray. The doctor said that he was suffering from internal stomach injuries. Som Bahadur’s family members then took him to the Fewa City Hospital in Pokhara. There, it was diagnosed that his bile duct, bladder and pancreas were damaged. Around three liters of blood was clotted in his stomach. The doctor said that if he had been admitted a few hours later, he could have died. Som Bahadur has received 52 stitches in his stomach.

Som Bahadur and his family need immediate support. He was the breadwinner of the family, and due to police torture, he has been badly injured. His health condition is improving gradually after the operation. I demand legal action against the perpetrators, medical treatment for Som Bahadur and adequate compensation for the pain he suffered and loss of future opportunities.

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Khadga Prasad Sharma Oli
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Ram Bahadur Thapa ‘Badal’
Home Minister 
Ministry of Home Affairs
Singh Durbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Agni Prasad Kharel
Attorney General
Office of Attorney General 
Ramshah Path, Kathmandu
NEPAL 
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np

5. Mr. Sarbendra Khanal
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

6. Mr. Dhiru Basnyat
DIGP
Human Rights Section
Nepal Police Headquarters, Naxal, Kathmandu
NEPAL
Tel: +977-1-4411618
Fax: +977-1-4415593
E-mail: hrcell@nepalpolice.gov.np

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-003-2019
Countries : Nepal,
Issues : Institutional reform, Police negligence, Police reform, Police violence, Torture,