Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Tika Ram Pokharel, a lawyer working with the Forum for the Protection of People’s Rights (PPR Nepal), has been receiving threatening phone calls. The Lawyer has been assisting the Thakur family who has been tortured by the police officers from the Hanumandhoka Metropolitan Police Range (MPR) for over a year now. The tortured family feels insecure and psychologically distressed due to the ongoing torture in the guise of an investigation.
CASE NARRATIVE:
According to the information received, Uma Kanta came to the PPR Nepal office on March 19, 2014. He told the lawyers there that he feels much relieved after receiving support from the PPR Nepal and the AHRC. However, he fears that the police will falsely prosecute him and maybe use other people to beat the family again. The police officers recently threatened Uma Kanta that they would implicate him in a drug case or something similar and put him in jail if the family does not accept stealing the gold. The AHRC earlier released an Urgent Appeal in which we gave detailed information about the police torture of the Thakur family.
When Uma Kanta left the PPR Nepal office, Tika Ram, the office lawyer, received a call on his mobile at 3:23 PM. The caller who called from a landline +977 014251265 identified himself as DSP Om Adhikari from the Hanumandhoka MPR. DSP Adhikari asked him about the torture complaint the organisation has been raising. He told the lawyer that he was not threatening the Thakur family and had not tortured them. He did admit that they called the Thakur family for an inquiry. When the lawyer asked why he was informing him of this, DSP Adhikari replied that he just wanted to tell him what he talked about with Uma Kanta. DSP Adhikari also told him that the investigation for the gold theft is ongoing so the Thakur family needed to come to the Hanumandhoka MPR for further inquiries when required.
Again Tika Ram received a call from a landline +977 016612064 at 12:42 PM on March 20, 2014. The caller identified himself as Rupesh Khadgi, the brother of Durga Khadgi, the wife who accused the Thakur family of stealing the gold. Rupesh told him that he received his mobile number from DSP Adhikari. Rupesh told Tika Ram that he wanted to meet him and discuss the gold theft. Rupesh also said that he knew from DSP Adhikari that the organization has asked to stop the investigation on the gold theft. Rupesh told him that he is calling from Bhaktapur, a neighboring district of Kathmandu. However the landline he used to call was not his. He told Tika Ram that he would call again.
On March 21, Rupesh called from a mobile number +9779841466352 and the caller asked Tika Ram to meet him in person, which Tika Ram flatly refused. He told the lawyer to stop demanding the police to stop the investigation into the gold theft charge. He wanted the police to continue with the investigation.
The AHRC has received a copy of the conversation. The conversation clearly mentions that the lawyers’ mobile number was supplied by DSP Om Adhikari from the Hanumandhoka MPR. We are worried that the number has been distributed by the DSP to pressure the lawyer to leave this issue. We believe that the police are trying to make people more aggressive towards the lawyer and his organization. There is therefore, a definite security risk for the lawyer and the Thakur family.
Therefore the AHRC urges the Nepal government to immediately intervene and spare no time to conduct an impartial investigation into the allegation of police torture. The police officers who are involved in this issue should face immediate departmental action, and should be suspended from their duty as we fear that they might tamper with the investigation process. We again urge the government to take appropriate steps to provide security to the lawyer and victim family. The ongoing torture and threats to life must be stopped immediately.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this issue 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 government should ensure safety of the lawyer and victim family.
The AHRC has written a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______,
NEPAL: Lawyer threatened for raising the issue of police torture
Name of victims: Tika Ram Pokharel, and Thakur family members including Uma Kanta Thakur, Sunita Devi Thakur, Mithiles Thakur, Dipika Thakur & Rakesh Thakur
Names of alleged perpetrators: DSP Om Adhikari from Hanumandhoka MPR and Rupesh Khadgi
Date of incident: 19 March 2014 and continuing
Place of incident: Metropolitan Police Range Hanumandhoka, Kathmandu, Nepal
I am writing to voice my serious concern that Mr. Tika Ram Pokharel, a lawyer working with the Forum for the Protection of People’s Rights (PPR Nepal), has been receiving threatening phone calls. The Lawyer has been assisting a Thakur family who has been tortured by the police officers from the Hanumandhoka Metropolitan Police Range (MPR) for over a year now. The tortured family feels insecure and psychologically distressed due to the ongoing police torture in the guise of an investigation.
I know that Uma Kanta came to the PPR Nepal office on March 19, 2014. He told the lawyers there that he feel much relieved after receiving support of the PPR Nepal and the AHRC. However, he fears that the police will falsely prosecute him and maybe use other people to beat the family again. The police officers recently threatened Uma Kanta that they would implicate him in a drug case or something similar and put him in jail if the family does not accept stealing the gold. The AHRC earlier released an Urgent Appeal in which we gave detailed information about the police torture of the Thakur family.
I am concerned to learn that when Uma Kanta left the PPR Nepal office, Tika Ram, the office lawyer, received a call on his mobile at 3:23 PM. The caller who called from a landline +977 014251265 identified himself as DSP Om Adhikari from the Hanumandhoka MPR. DSP Adhikari asked him about the torture complaint the organisation has been raising. He told the lawyer that he was not threatening the Thakur family and had not tortured them. He did admit that they called the Thakur family for an inquiry. When the lawyer asked why he was informing him of this, DSP Adhikari replied that he just wanted to tell him what he talked about with Uma Kanta. DSP Adhikari also told him that the investigation for the gold theft is ongoing so the Thakur family needed to come to the Hanumandhoka MPR for further inquiries when required.
Again Tika Ram received a call from a landline +977 016612064 at 12:42 PM on March 20, 2014. The caller identified himself as Rupesh Khadgi, the brother of Durga Khadgi, the wife who accused the Thakur family of stealing the gold. Rupesh told him that he received his mobile number from DSP Adhikari. Rupesh told Tika Ram that he wanted to meet him and discuss the gold theft. Rupesh also said that he knew from DSP Adhikari that the organization has asked to stop the investigation on the gold theft. Rupesh told him that he is calling from Bhaktapur, a neighboring district of Kathmandu. However the landline he used to call was not his. He told Tika Ram that he would call again.
On March 21, Rupesh called from a mobile number +9779841466352 and the caller asked Tika Ram to meet him in person, which Tika Ram flatly refused. He told the lawyer to stop demanding the police to stop the investigation into the gold theft charge. He wanted the police to continue with the investigation.
I am disturbed to learn that the number has been distributed by the DSP to pressure the lawyer to leave this issue. I believe that the police are trying to make people more aggressive towards the lawyer and his organization. Therefore there is a security risk for the lawyer and the Thakur family.
I therefore urge you to immediately intervene and conduct an impartial investigation into the allegation of police torture. The police officers who are involved in this issue should face immediate departmental action, and should be suspended from their duty as we fear that they might tamper with the investigation process. I again urge the government to take appropriate steps to provide security to the lawyer and victim family. The ongoing torture and threats to life must be stopped immediately.
Sincerely,
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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. Mr. Baburam Kunwar
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
6. Mr. Ramesh Prasad Kharel
Senior Superintendent of Police & Chief of Kathmandu Police Circle
Hanumandhoka Metropolitan Police Range
Kathmandu
NEPAL
Tel: +977 1 4410579, +977 9851078100
Email: kharel2007@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
