NEPAL: Family subjected to repeated torture for more than a year

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-024-2014
ISSUES: Arbitrary arrest & detention, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Forum for Protection of People’s Rights, Nepal (PPR Nepal) regarding frequent and continuous police torture inflicted upon a family throughout the last year. The police from the Metropolitan Police Range Hanumandhoka Kathmandu were involved in torture of a Thakur family living in Kathmandu. The family had allegedly been under investigation for theft of gold from their landlord.

CASE NARRATIVE:

According to the information received, Mr. Uma Kanta Thakur (38) and his family members, who are permanent residents of Janakpur Municipality ward number 13 of Dhanusha District, have been victims of police torture throughout the last year. Uma Kanta is a barber by profession and belongs to Madheshi community. He has been living in Kathmandu Metropolitan city ward number 31 Bagbazar, Kathmandu for 20 years and in a rented room of Mr. Kalyan Khagdi for 15 years with his wife Sunita Devi Thakur (35) and children Mithiles Thakur (15), Rajesh Thakur (13), and Dipika Thakur (8), were also frequently tortured during their visits to the police stations. During this time, they have never had a single dispute with the landlord. (Picture above: close-up of the injuries on the body of Sunita Devi Thakur due to torture).

On 19 February 2013, Mallika Khadgi, the landlord’s wife, asked the Thakur children if they had taken her gold ornaments as could not find them anywhere. The gold included a finger ring, a bracelet, and a mangalsutra (beads and gold necklace worn by married women). Mallika alleged the three children, Mithiles, Rajesh, and Dipika, were responsible for the theft. Upon hearing the allegation, Uma Kanta tried to convince Mallika that they had not taken the gold. She did not want to listen to them and reiterated that a shaman told her that three persons are behind the theft, and that a girl had given the key of the locker where the gold was kept to a boy. According to the Shaman, the boy took the gold from the locker and gave it to woman wearing a red shawl. Believing this, Mallika claimed that the three persons involved in the theft were Thakur family members as the appearance and clothes mentioned by shaman match them exactly. Upon saying this, the Khadgi family beat the children and mistreated them badly.

Uma Kanta filed a petition in Metropolitan Police Circle Singhadurbar, Kathmandu on same day at around 5:30 pm seeking security for his family. Instead of protecting the Thakur family, 4-5 unidentified police officers came to his room and took his two sons away in a police van. The police did not present arrest warrant or give other cause. They asked the house owner Kalyan Khadgi to come to the police station immediately.

After asking a few questions regarding the gold theft, the police allowed the Thakur family to return to their home, but told the family to come to the station the next day. The Thakur family went to the police station at around 9 am on 20 February 2013. The police asked the three children if they had taken the gold; they denied taking it. The family was kept in the police office the whole day, only allowed to leave at around 4 pm. The Thakurs were told to return the following day. The same process happened next day. This process continued for three consecutive days.

After three days, police conducted a public inquiry. The police brought Thakur’s sons and daughter to the Metropolitan Police Circle, Singhadurbar after the inquiry. One of the Sub Inspector (SI) started beating Mithiles, the eldest son. They beat him on the soles of his feet with a polythene pipe. The police also used electric shocks on his ear before he was released.

Police summoned the Thakur family for cross examination at the Inquiry Section of Metropolitan Police Range (MPR) Hanumandhoka on 26 February 2013. The police handcuffed Mithiles and asked about the whereabouts of the gold. He again denied taking the gold. After this, police started beating him everywhere in his body and detained him without food and water. Uma Kanta was also beaten all over his body. One of the policemen slapped him on both sides of his ears causing lasting damage to his hearing.

Uma Kanta went to the Hanumandhoka Detention Center to provide food and water for his son, Mithiles, but the police did not allow him to do so. The Police released Mithiles on 27 February 2013 but told him to return the next day.

With fear of further torture and harassment, Uma Kanta went to the MPR Hanumandhoka with Mithiles on 28 February. Inspector Manjil Mukarung, from the Inquiry Section, ordered other policemen to put their signatures on a blank paper and let them go.

Uma Kanta later received a phone call from an unknown person. The person on the phone told him to speak to the CPN Maoist office as Mallika has filed a petition against the Thakur family regarding the gold theft. The unidentified person asked Uma Kanta to come to CPN Maoist office, but he did not go.

Uma Kanta received a call from the Hanumandhoka Inquiry Section 20 days later. The police asked him to come to the office with his family members. The family went to the police station next day where Assistant Sub Inspector (ASI) Pursottam Acharya took their statement and allowed them to go.

Uma Kanta received a phone call from MPR Hanumandhoka during which Inspector Kiran Neupane called asked him to come to Hanumandhoka with his wife. Next day, they went to MPR Hanumandhoka where they were kept in two separate rooms. The wife was sent upstairs where 4-5 policemen in civilian clothing (aged between 28-30) were sitting; they immediately started asking her about the gold using abusive words. They blamed her of taking 13 Tolas (around 151 gram) of gold. She was then beaten randomly. She was forced to lie down and they beat her on the soles of her feet, thighs, back, and other parts of her body with a polythene pipe. Sunita Devi fell unconscious due to this severe beating. When she regained consciousness, she was allowed to go.

Sunita Devi filed a petition at the National Women Commission (NWC). She also made a verbal complaint in the Metropolitan Police Commissioner’s Office, Ranipokhari, Kathmandu on 14 April 2013. The NWC and Commissioner’s Office assured the family that they would not be harassed after that and for a while after the complaint, police stopped calling and harassing them.

However, in September 2013 Uma Kanta received a call asking him to report to MPR Hanumandhoka as Deputy Superintendent of Police (DSP) Om Adhikari wanted to talk to him. After receiving this call, Uma Kanta immediately informed the Metropolitan Commissioner’s Office about the phone call from Hanumandhoka. However, he went to MPR Hanumandhoka with his children where they took his statement again.

While his statement was being taken, the police beat his younger son Rajesh. Rajesh had burn injuries from his childhood and doctors had advised the family to take good care of him as he remained very weak. Rajesh was very frightened and remains terrified whenever he sees a police officer.

The police also tried to take a forceful confession from Uma Kanta. He was handcuffed and was slapped again on both of his face. DSP Adhikari using abusive language said that his children had already confessed to the theft so they will be punished accordingly. But later they were allowed to go home.

Uma Kanta again received a phone call from the MPR Hanumandhoka on 26 January 2014 and asked to report in again. When he went to MPR Hanumandhoka the officer said “Oh you have come alone, why did not you bring your family?” The police ordered him to return with his family on 13 February 2014. 
The Thakur family went to MPR Hanumandhoka on 13 February 2014 and met Inspector Neupane. This Inspector told him to contact the DSP as his case is now handled by DSP. Also the Inspector told Uma Kanta that he could help him to get rid of this problem if he agrees to provide 40-50 thousand rupees. He then asked Uma Kanta to return on 22 February 2014.

The Thakur family has not gone to the police office due to fear of further torture, ill treatment, and possibility of extortion of bribe by the police officers. Due to this pattern torture, the Thakur family has suffered the effects of physical and mental trauma; Sunita Devi is on medication for symptoms showing a psychosocial problem and, like her son, is still very afraid of police officers. Likewise, the rest family is extremely worried about their security.

When the Thakur family got in touch with PPR Nepal on 21 February 2014, PPR Nepal sent Sunita Devi and her son Mithiles to the Forensic Department of Tribhuvan University Teaching Hospital (TUTH). According to the forensic report of Sunita Devi Thakur prepared on 24 February 2014, she has symptoms of physical and mental torture. The findings of the Psychiatric Department of TUTH hospital mentioned that they suffer from insomnia, loss of appetite, weight loss, irritability, and anger.
The findings of the report have been outlined below. Thus the AHRC is justifiably concerned about the physical and psychological condition of the family.

1. The scars found on different parts of the body are a result of blunt force injury; 
2. The photographs show multiple blunt force injuries which are mainly consistent with the present findings; 
3. The records from Kathmandu Model Hospital show that there were multiple soft tissue injuries in thighs and back which is consistent with the history and photographs;
4. The age of the injuries/scars is consistent with alleged time of infliction; and 
5. Examinee is suffering with psychological consequences and requires treatment by concerned specialist

The AHRC urges the Nepal government to ensure that such an incident is not repeated. It should immediately direct its relevant department to conduct an impartial investigation and punish the officers who were involved in this incident. The victim family’s fear of further torture and lack of security should be addressed by the government who should take appropriate measures to provide security to the family. The victim family should also receive free medical treatment, psychological counseling, and compensation for what they have to suffer. Furthermore, the government should take appropriate steps to prevent torture and provide immediate redress to all torture victims.

ADDITIONAL INFORMATION:

Torture has been institutionalized as a routine practice for investigation in Nepal. They do not take anyone into custody thus avoiding official records; rather, they prefer to call people and torture them for 2-4 hours in the name of investigation, allow them to go, but ask them to return on a later date. This kind of torture practice is more dangerous as, due to lack of official records of arrest, it will be hard to implicate them later on. This repetitious and frequent type of torture will not only damage victims physically, but will leave long term psychological trauma.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this incident and request immediate intervention on the allegations of torture. The officers who were involved must be subject to investigations and brought before the court of law.

The AHRC has written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this matter.

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

SAMPLE LETTER

Dear ______,

NEPAL: Family repeatedly tortured through 2013 and beyond

Name of victims: Uma Kanta Thakur, Sunita Devi Thakur, Mithiles Thakur, Dipika Thakur & Rakesh Thakur 
Names of alleged perpetrators: DSP Om Adhikari, Inspector Kiran Neupane, Inspector Manji Mukarung and unidentified police officers 
Date of incident: 19 February 2013 and continuing
Place of incident: Metropolitan Police Range Hanumandhoka & Metropolitan Police Circle Singh durbar, Kathmandu, Nepal

I have learned that Mr. Uma Kanta Thakur (38), a barbar from the Madheshi community, and his family members have been tortured repeatedly by police for more than a year. His wife Sunita Devi Thakur (35) and children Mithiles Thakur (15), Rajesh Thakur (13), and Dipika Thakur (8), were also frequently and repeatedly tortured during their visits to the police stations. He and his family have been living in Kathmandu Metropolitan city ward number 31 Bagbazar, Kathmandu for 20 years, 15 of which they have lived in a rented room from Mr. Kalyan Khagdi, with whom they have had no prior dispute.

On February 19, 2013, Mallika Khadgi, house owner’s wife, accused the Thakur children of taking gold ornaments including a finger ring, a bracelet, and a mangalsutra (beads and gold necklace worn by married women). Upon hearing the allegation, Uma Kanta tried to convince Mallika that they had not taken the gold. She did not want to listen to them and reiterated that a shaman told her that three persons were behind the theft, and that a girl had given the key of the locker where she kept gold to a boy. According to the Shaman, the boy took the gold from the locker and gave it to woman wearing a red shawl. Believing this, Mallika claimed that the three persons involved in the theft were the Thakur family members as their appearance and clothes matched those mentioned by shaman. The Khadgi family then proceeded to beat the children and mistreated them badly.

I have been informed that Uma Kanta filed a petition in Metropolitan Police Circle Singhadurbar, Kathmandu on same day at around 5:30 pm seeking security to his family but instead of giving security to the Thakur family, 4-5 unidentified police officers came to their room and took the two sons away in a police van. The police did not present arrest warrant although they asked the house owner Kalyan Khadgi to come to the police station immediately.

After asking few questions regarding the gold theft, the police released the Thakur family but demanded they return the next day. The Thakur family went to the police station at around 9 am on 20 February. The police again asked about the gold and the family denied taking it. Again they were released with request that they return the next day. This continued for three straight days.
After three days, police conducted a public inquiry. Police brought Thakur’s sons and daughter to the Metropolitan Police Circle, Singhadurbar after the inquiry. One of the Sub Inspector (SI) started beating Mithiles, eldest son. They beat him on the soles of his feet with a polythene pipe. The police also used electric shocks on his ear before releasing him.

Over the next several weeks the pattern continued; members of the family would be called to the police station for questioning regarding the missing gold and while there they would abused through physical beatings, deprivation of food and water, and other type of torture. Although there was a brief respite during the summer of 2013 after family lodged a complaint about the abuse, the pattern began anew in September.

It is unacceptable to me, and should be to you as well, that every member of the family is suffering physically and mentally as a result of these multiple incidents of torture. Some examples of this are: Uma Kanta has lasting damage to his hearing, Rajesh is suffering psychologically and is terrified at the mere sight of police officers, and Sunita Devi has been showing psychosocial symptoms requiring medication. All this is in addition to physical evidence documented by the Forensic Department of Tribhuvan University Teaching Hospital (TUTH) that shows:

1. The scars found on different parts of the body are a result of blunt force injury; 
2. The photographs show multiple blunt force injuries which are mainly consistent with the present findings; 
3. The records from Kathmandu Model Hospital show that there were multiple soft tissue injuries in thighs and back which is consistent with the history and photographs;
4. The age of the injuries/scars is consistent with alleged time of infliction; and 
5. Examinee is suffering with psychological consequences and requires treatment by concerned specialist

The findings of the Psychiatric Department of TUTH hospital mentioned that the family is suffering from insomnia, loss of appetite, weight loss, irritability, and anger – all consistent with the conclusion that they endure torture.

I have been told that this physical and mental harm has caused the family to begin avoiding law enforcement altogether for fear of further torture, ill-treatment, and extortion of bribes by officers. A situation such as this undermines the effectiveness of the judicial system as well as the health of society as a whole. Moreover, the method by which the torture was conducted was clearly meant to avoid official records. This is evidence that the perpetrators know their actions are wrong and damaging to the country, but that they are more concerned with themselves than with their duty as officers of the law.

Therefore I urge the Nepal government to ensure that such an incident is not repeated. It should immediately direct its relevant department to conduct an impartial investigation and punish the officers who were involved in this incident. As for the victim family fear of further torture and security, the government should take appropriate measures to provide security to the family and should offer free medical treatment, psychological counseling, and compensation for what they have to suffer. The government should also take appropriate steps to rehabilitate the image of law enforcement by preventing further torture and providing means of immediate redress to torture victims.

I look forward for your quick and positive response in this matter.

Sincerely,

———————————————–
PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Bamdev Gautam
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu 
NEPAL
Fax: +977 1 42 11 232

3. Mr. Bed Prasad Bhattarai
Acting Secretary
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. Attorney General of Nepal
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@attorneygeneraal.gov.np

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

 

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-024-2014
Countries : Nepal,
Issues : Arbitrary arrest & detention, Rule of law, Torture,