Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding repeated torture inflicted on Mr. Kedar K.C. by a police team deployed from Hanumandhoka Metropolitan Police Crime Division, Kathmandu under interrogation regarding his alleged involvement in a robbery case. The victim is denied medical treatment and is kept in the custody of the police team who allegedly tortured him. It must be noted that Inspector Bhism Humagai who took part in the torture had already been accused of two cases involving the assault of detainees in 2010. As is characteristic of the prevalent impunity for acts of torture in Nepal, no action was taken against him so far, allowing him to remain on duty.
CASE NARRATIVE:
According to the information we have received Mr. Kedar K. C. 34, was arrested at 4 am on 16 May 2011 from his house after suspects who had been arrested under the suspicion of robbing one Bishnu, President of Free Student Union, told the police they had given stolen passport of Bishnu to him. Kedar was arrested by three plainclothes policemen under the command of Assistant Sub Inspector Purushottam Poudel deployed from Metropolitan Police Crime Division (MPCD), Hanuman Dhoka, Kathmandu supported by an additional police force of 8, 9 policemen under the command of Inspector Bhisma Humagai including Sub Inspector Madhav Khanal.
After his arrest, the police officers put black goggles on his eyes, handcuffed him and took him to the MPCD, Hanumandhoka, in a white private van. During his transfer MPCD, Hanumandhoka, Kedar was thrashed and beaten up on various parts of his body and was threatened that his family life would be destroyed as the police would charge him with drug smuggling.
At MPCD, Hanumandhoka, six policemen took him to a room on the top floor. SI Madhav Khanal and ASI Purushottam Poudel then interrogated him about the location of the stolen passport under torture. They forced him to lie on the floor and reportedly rolled a wooden stick on his thighs and legs for about 20 minutes, beat on the soles of his feet with plastic pipes turn by turn for about 2 hours, made him stand upside down against a wall and allegedly beat on the soles of his feet while forcing him to keep that position for about 15 minutes. Then they forced him to stand on his fours and reportedly beat on his back, bottom and thigh with a plastic pipe in which a stick was inserted for about half an hour and then made him jump for about 45 minutes on sticks kept on the floor. Inspector Bhisma Humagai reportedly took part in the beating. Every time the victim fell on the floor the police beat on his legs and arms with sticks. They threatened to kill him and Deputy Superintendent of Police Raju Kumar Lamsal threatened to charge him with serious criminal crimes as he was being uncooperative. Following an order of Inspector Humagai the police blindfolded the victim and kicked and punched him from everywhere. The complainant, Bishnu, reportedly also took part into the beatings of the victim. The police tortured the victim until noon.
The police then took the victim to his house, without having given him any food and searched his house. They seized one laptop, one motorcycle, one ID Card date stamp machine, four mobile sets, one passport, one pen drive and, cheque books of Nabil Bank, Agriculture Development Bank and Investment Bank worth Rs. 1 lakh amount.
After coming back to the MPCD, Hanumandhoka, the police officers gave him tea and biscuits, and detained him in a cell.
Due to the torture, the victim suffered from fever and pain all over his body and his mouth was bleeding but he was given only painkillers.
At around 7.30 pm the same day he was taken to Litigation Section in a room, blindfolded and handcuffed behind his back, where he was tortured for the second time in the day. The victim recognized the voices of SI Madhav Khanal and ASI Purushottam Poudel among the half-dozen policemen present there. The victim pleaded that he was already tortured severely and was sick but the policemen reportedly inflicted torture on him for almost two hours. They rolled sticks on his thighs and legs, beat on the soles of his feet and made him jump over sticks while interrogating him about the stolen passport. Whenever he folded his legs due to the pain of torture they beat on his knees to force him to stretch his legs and beat on the soles of his feet. As the policemen left the room they threatened the victim that they would file fake cases against him and that he would “rot” in jail for 10 years. The victim was detained in a cell for the night but could not sleep due to the pain.
On 17 May, Inspector Humagai informed the victim that he had been charged with seven cases. At around 8 pm, he was taken to the Litigation Section where DSP Lamsal, Inspector Humagai and student leader Bishnu were present. They showed him some pictures and asked him to identify the persons on it. As he couldn’t identify them, Inspector Humagai reportedly beat him with a plastic pipe, punched his chest and kicked him. Two policemen inserted a stick through the crooks of his knees and elbows of his cuffed hands and hanged the two ends of the stick and Inspector Humagai beat on the soles of his feet for about 10 minutes. Then DSP Lamsal ordered him to jump on the floor for a dozen minutes and sent him to the cell. That day he was not allowed to see his family members who were there to bring him food.
On 18 May 2011, he was taken to Bir Hospital. The Doctor diagnosis was that the victim was suffering from chest problems and prescribed x-ray and urine test. However, the police refused to provide medical treatment to the victim, even after he promised that he would cover all the expenses himself. He was made to pay Rs. 50 for the medical ticket.
As a result of torture, the victim presents a one-inch diameter rash on his right ankle, swollen soles of feet, a blue mark on left shin reportedly caused by the kicks with police boots and visible blue marks of torture on his bottom. The victim faces problems while sitting down and standing up, he cannot walk and make movements properly, suffers from dizziness and pain while getting up at once, as well as from pain and burning sensation on shins, palms and soles of feet and painful urination. He presents symptoms of low blood pressure. At night, he often wakes up shouting and crying because he has nightmares of policemen inflicting torture on him. Further, he is suffering from loss of appetite and from depression. The victim needs immediate medical support.
Further, the victim is kept in detention of Hanumandhoka police station, where the policemen who tortured him are stationed and is therefore at risk of facing further torture.
ADDITIONAL INFORMATION:
The AHRC is concerned to see that although reports of torture and ill-treatment at Hanumandhoka police station are frequent, no sanctions are taken against the perpetrators enabling them to remain in duty and encouraging them to further torture detainees. It is in particular unfortunate to notice that Inspector Bhisma Humagai who allegedly took part in the torture inflicted on this victim had already been allegedly involved in two cases of serious torture and that no action has been taken against him. In the urgent appeal: AHRC-UAC-020-2010, we denounced the torture inflicted on Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung in the same police station on 3 February 2010 in which Inspector Bhisma Humagai was directly involved. Similarly, in our urgent appeal: AHRC-UAC-174-2010 we called for action to be taken in the case of torture of Gyan Bahadur Balami, Hermin Ratu Lama and Makar Bahadur Gharti Magar at the hands of a police team from the same police station, under the command of the same Inspector. Following their arrest under allegations of theft and drug smuggling on 31 October and 1 November 2010, the three victims were repeatedly severely beaten in different locations including in a private house. For several weeks, the victims remained in the custody of the same police team which had tortured them, were refused medical treatment for the injuries they had sustained in the aftermath of torture and faced repeated threats and abuse.
In light of those cases, the AHRC is concerned that as long as the victim remains in the custody of Hanumandhoka police station, he is at risk of further torture and abuses and of being continuously denied medical treatment. Further, the AHRC is concerned that the lack of investigation and prosecutions of those who bear the command responsibility in previous cases nurtures a feeling of immunity among the perpetrators which emboldens them to continue to consider torture as a way to conduct an investigation and to encourage their subordinates to do so. The AHRC is therefore of the opinion that unless thorough investigations into allegations of torture leading to prosecutions of the perpetrators, in particular against those with the command responsibility of the torture, the government of Nepal’s pledge to end torture will remain mere lip-service.
SUGGESTED ACTION:
Please join us in calling for the thorough investigation of those allegations of torture, sanctions against the perpetrators and immediate medical treatment for the victim. Please join us in recalling that no confession extracted under torture can be held against the victim during court proceedings.
Please be informed that the AHRC is writing separate letters to the UN Special Rapporteur on Torture and to the Office of the High Commissioner for Human Rights-Nepal Representative, calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Torture victim needs immediate medical treatment
Name of victim: Mr. Kedar K. C. 34, born on 17 November 1977, permanent resident of Imadol – 8, Lalitpur district
Names of alleged perpetrators:
1. Deputy Superintendent of Police Raju Kumar Lamsal,
Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu
2. Inspector Bhisma Humagai, Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu
3. Sub Inspector Madhav Khanal, Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu
4. Assistant Sub Inspector Purushottam Poudel, Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu
5. 5 to 6 unidentified policemen from Hanumandhoka Metropolitan Police Circle, Kathmandu.
Date of incident: 16 May 2011
Place of incident: Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu
I am writing to voice my deep concern regarding repeated torture inflicted on Mr. Kedar K.C. by a policemen belonging to the Metropolitan Crime Division, Hanumandhoka, Kathmandu.
According to the information I have received from the Asian Human Rights Commission, Mr. Kedar K. C. 34, was arrested at 4 am on 16 May 2011 from his house after suspects who had been arrested under the suspicion of robbing one Bishnu, President of Free Student Union, told the police they had given stolen passport of Bishnu to him. Kedar was arrested by three plainclothes policemen under the command of Assistant Sub Inspector Purushottam Poudel deployed from Metropolitan Police Crime Division (MPCD), Hanuman Dhoka, Kathmandu supported by an additional police force of 8, 9 policemen under the command of Inspector Bhisma Humagai including Sub Inspector Madhav Khanal.
After his arrest, the police officers put black goggles on his eyes, handcuffed him and took him to the MPCD, Hanumandhoka, in a white private van. During his transfer MPCD, Hanumandhoka, Kedar was thrashed and beaten up on various parts of his body and was threatened that his family life would be destroyed as the police would charge him with drug smuggling.
At MPCD, Hanumandhoka, six policemen took him to a room on the top floor. SI Madhav Khanal and ASI Purushottam Poudel then interrogated him about the location of the stolen passport under torture. They forced him to lie on the floor and reportedly rolled a wooden stick on his thighs and legs for about 20 minutes, beat on the soles of his feet with plastic pipes turn by turn for about 2 hours, made him stand upside down against a wall and allegedly beat on the soles of his feet while forcing him to keep that position for about 15 minutes. Then they forced him to stand on his fours and reportedly beat on his back, bottom and thigh with a plastic pipe in which a stick was inserted for about half an hour and then made him jump for about 45 minutes on sticks kept on the floor. Inspector Bhisma Humagai reportedly took part in the beating. Every time the victim fell on the floor the police beat on his legs and arms with sticks. They threatened to kill him and Deputy Superintendent of Police Raju Kumar Lamsal threatened to charge him with serious criminal crimes as he was being uncooperative. Following an order of Inspector Humagai the police blindfolded the victim and kicked and punched him from everywhere. The complainant, Bishnu, reportedly also took part into the beatings of the victim. The police tortured the victim until noon.
The police then took the victim to his house, without having given him any food and searched his house. They seized one laptop, one motorcycle, one ID Card date stamp machine, four mobile sets, one passport, one pen drive and, cheque books of Nabil Bank, Agriculture Development Bank and Investment Bank worth Rs. 1 lakh amount.
After coming back to the MPCD, Hanumandhoka, the police officers gave him tea and biscuits, and detained him in a cell.
Due to the torture, the victim suffered from fever and pain all over his body and his mouth was bleeding but he was given only painkillers.
At around 7.30 pm the same day he was taken to Litigation Section in a room, blindfolded and handcuffed behind his back, where he was tortured for the second time in the day. The victim recognized the voices of SI Madhav Khanal and ASI Purushottam Poudel among the half-dozen policemen present there. The victim pleaded that he was already tortured severely and was sick but the policemen reportedly inflicted torture on him for almost two hours. They rolled sticks on his thighs and legs, beat on the soles of his feet and made him jump over sticks while interrogating him about the stolen passport. Whenever he folded his legs due to the pain of torture they beat on his knees to force him to stretch his legs and beat on the soles of his feet. As the policemen left the room they threatened the victim that they would file fake cases against him and that he would “rot” in jail for 10 years. The victim was detained in a cell for the night but could not sleep due to the pain.
On 17 May, Inspector Humagai informed the victim that he had been charged with seven cases. At around 8 pm, he was taken to the Litigation Section where DSP Lamsal, Inspector Humagai and student leader Bishnu were present. They showed him some pictures and asked him to identify the persons on it. As he couldn’t identify them, Inspector Humagai reportedly beat him with a plastic pipe, punched his chest and kicked him. Two policemen inserted a stick through the crooks of his knees and elbows of his cuffed hands and hanged the two ends of the stick and Inspector Humagai beat on the soles of his feet for about 10 minutes. Then DSP Lamsal ordered him to jump on the floor for a dozen minutes and sent him to the cell. That day he was not allowed to see his family members who were there to bring him food.
On 18 May 2011, he was taken to Bir Hospital. The Doctor diagnosis was that the victim was suffering from chest problems and prescribed x-ray and urine test. However, the police refused to provide medical treatment to the victim, even after he promised that he would cover all the expenses himself. He was made to pay Rs. 50 for the medical ticket.
As a result of torture, the victim presents a one-inch diameter rash on his right ankle, swollen soles of feet, a blue mark on left shin reportedly caused by the kicks with police boots and visible blue marks of torture on his bottom. The victim faces problems while sitting down and standing up, he cannot walk and make movements properly, suffers from dizziness and pain while getting up at once, as well as from pain and burning sensation on shins, palms and soles of feet and painful urination. He presents symptoms of low blood pressure. At night, he often wakes up shouting and crying because he has nightmares of policemen inflicting torture on him. Further, he is suffering from loss of appetite and from depression. The victim needs immediate medical support.
I am concerned that as the victim is still kept in detention of Hanumandhoka police station, he is therefore at risk of facing further torture and of continuous denial of medical treatment. I therefore urge you to see to it that the victim will be immediately transferred to another place of detention. Further, I wish to recall that the Evidence Act 1974 states that a statement from the accused can be accepted as evidence against him only if “the accused had not been forced to make such statements, or that such statements had been extorted by torturing or threatening to place him in a situation in which he was compelled to do so against his will”. I urge you to reassert that any statement extracted from the victim as a result of torture should therefore not be considered in court.
I want to express my concern that Inspector Bhisma Humagai who allegedly took part in the torture inflicted on this victim had already been allegedly involved in at least two cases of serious torture since last year and that no action has been taken against him. He is alleged to have ordered the torture on Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung in the same police station on 3 February 2010 as well as commanding a police team from the same police station who severely tortured Gyan Bahadur Balami, Hermin Ratu Lama and Makar Bahadur Gharti Magar.
I am of the opinion that those cases show that the lack of prosecutions against perpetrators of torture nurtures a feeling of immunity among them which emboldens them to continue to see torture as a way to conduct an investigation and to encourage their subordinates to do so. I therefore urge you to immediately take action to launch an impartial and thorough investigation into those allegations of torture and bring the perpetrators to justice. Inspector Bhisma Humagai and Deputy Superintendent of Police Raju Kumar Lamsal bear command responsibility for the torture and should face stronger sanctions. All the alleged perpetrators should be suspended during the investigation process. Last but not least, the victim should be provided immediate medical treatment.
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. Dr. Yuba Raj Sangraula
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan
Lalitpur (Kathmandu)
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Yadhav Raj Khanal
Chief
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np
5. Mr. Krishna Bahadur Mahara
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
6. Jhala Nath Khanal
Prime Minister
Office of the Prime Minister
Singh Darbar
Kathmandu
NEPAL
FAX: + 977 1 4211 086
E-mail: info@opmcm.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
