Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Sipahi Kurmi, a 42-year-old resident of Bogadi Ward no. 4, Rupandehi District, had been illegally detained at the Area Police Station Majhgawa Rupandehi and was released only when he paid a bribe of NRs. 8,000 to Police Inspector Birendra Kumar Yadav. However Inspector Yadav, after finding that Mr. Kurmi had exposed him to local media, threatened the victim. Fearing for his life, as Inspector Yadav is notorious for beating and torturing individuals, Mr. Kurmi is on the run.
CASE NARRATIVE:
Mr. Sipahi Kurmi cuts trees and sells the wood for a living. Recently, he took a job of felling trees for Aqwal Churihar, who resides in Ward number 7 of Majhgawa Village Development Committee (VDC). He got permission from the District Forest Office Rupandehi, Dispatch no. 9661, on 4 July 2014 to fell 100 square feet of trees.
On 22 July 2014, a group of 5 policemen under the command of Police Inspector Birendra Kumar Yadav, from the Area Police Station Majhgawa Rupandehi, came to inspect the worksite. They asked for the logging documentation. Upon showing the necessary documents, the Inspector told Kurmi to meet with him before loading the wood and also asked the Forest Office staff to see him in person. Kurmi agreed.
On 25 July 2014, Kurmi went to the District Forest Office Rupandehi to get a permit to transport the wood; there he received Dispatch no. 68. When he asked the Forest Ranger about meeting Police Inspector Yadav, the Ranger refused, stating it was not necessary. Kurmi then loaded the wood and sold it in the market.
Inspector Yadav sent two police officers to summon Kurmi on July 28. Police officers took him to the police station where he was illegally detained for 3 hours; from noon to 3 p.m. Inspector Yadav used foul words and demanded NRs. 15,000 from the victim for his release.
Kurmi asked the Inspector, why he had been detained. He had not done anything wrong, Kurmi argued. In return, the Inspector demanded to know why the victim had taken the wood without informing him and why he did not come to meet the Inspector.
Inspector Yadav kept asking for money and repeating that he would kill Kurmi if he did not provide the money. The Inspector even threatened to put Kurmi in jail and reminded Kurmi that his children will starve to death if he were to end up in prison.
After putting a lot of psychological pressure on the victim, Inspector Yadav lowered the bribe demand to NRs. 10,000. When Kurmi said the figure was still too much for him to manage, but that he could manage to give the policeman NRs. 8,000, Inspector Yadav agreed to release him.
Two police officers accompanied Kurmi to his house. Kurmi took NRs. 8,000 out of the NRs.16,000 his wife had made selling their only calf, and returned to the police station with the sum. He handed the money to Inspector Yadav, after which he was allowed to go.
After several days, when Kurmi was out of town, 2 journalists began asking him about the incident. Without thinking much, he detailed how he was detained by the police and was made to provide NRs. 8,000 for his release. The journalists took videos and photos, in order to broadcast the story in the local television station and broadsheet daily. The journalists also went to the police station to meet Inspector Yadav to interview him on the same issue. When the Inspector saw the video of Kurmi detailing the illegal detention and extortion, he made statements to the journalists denying the claims.
Later, Inspector Yadav sent policemen to look for Kurmi. When the policemen did not find Kurmi at his house, Inspector Yadav called him on his mobile and threatened to kill him for exposing the illegal detention and extortion. The Inspector asked Kurmi to visit the police station to “settle their business.”
Inspector Yadav is notorious for beating and torturing locals to extract money. Kurmi fears visiting the police station again. He has been on the run since. It has been over 12 days since he was forced to leave his home. Police officers arrive at Kurmi’s house everyday looking for him.
The AHRC is concerned about the safety and security of Sipahi Kurmi. The AHRC urges the government of Nepal to intervene immediately and investigate the allegations of police corruption and threats. If prima facie, the allegations hold up, Police Inspector Birendra Kumar Yadav should be suspended for the period of investigation, to limit his ability to meddle with the investigation process. It is in the self-interest of Nepal Police to punish officers that tarnish its image.
SUGGESTED ACTION:
Please send letters to authorities listed below, expressing concern about this alleged act of police torture, requesting immediate intervention. The officers involved must be subject to investigation and the guilty must be prosecuted. The government should ensure safety for the victim and his family.
The AHRC has written a separate letter to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______,
NEPAL: Policeman that used illegal detention to extort bribes now seeks revenge
Name of victim: Sipahi Kurmi
Names of alleged perpetrators: Police Inspector Birendra Prasad Yadav & Police Officers from the Area Police Station Majhgawa, Rupandehi District, Nepal
Date of incident: 28 July 2014 to present
Place of incident: Area Police Station Majhgawa, Rupandehi District, Nepal
I have received information that Mr. Sipahi Kurmi, a 42-year-old resident of Bogadi Ward no. 4, Rupandehi District, had been illegally detained at the Area Police Station Majhgawa Rupandehi and was released only when he paid a bribe of NRs. 8,000 to Police Inspector Birendra Kumar Yadav.
Mr. Sipahi Kurmi cuts trees and sells the wood for a living. Recently, he took a job of felling trees for Aqwal Churihar, who resides in Ward number 7 of Majhgawa Village Development Committee (VDC). He got permission from the District Forest Office Rupandehi, Dispatch no. 9661, on 4 July 2014 to fell 100 square feet of trees.
On 22 July 2014, a group of 5 policemen under the command of Police Inspector Birendra Kumar Yadav, from the Area Police Station Majhgawa Rupandehi, came to inspect the worksite. They asked for the logging documentation. Upon showing the necessary documents, the Inspector told Kurmi to meet with him before loading the wood and also asked the Forest Office staff to see him in person. Kurmi agreed.
On 25 July 2014, Kurmi went to the District Forest Office Rupandehi to get a permit to transport the wood; there he received Dispatch no. 68. When he asked the Forest Ranger about meeting Police Inspector Yadav, the Ranger refused, stating it was not necessary. Kurmi then loaded the wood and sold it in the market.
I am aware that Inspector Yadav sent two police officers to summon Kurmi on July 28. Police officers took him to the police station where he was illegally detained for 3 hours; from noon to 3 p.m. Inspector Yadav used foul words and demanded NRs. 15,000 from the victim for his release.
Kurmi asked the Inspector, why he had been detained. He had not done anything wrong, Kurmi argued. In return, the Inspector demanded to know why the victim had taken the wood without informing him and why he did not come to meet the Inspector.
It is outrageous to hear that Inspector Yadav kept asking for money and repeating that he would kill Kurmi if he did not provide the money. The Inspector even threatened to put Kurmi in jail and reminded Kurmi that his children will starve to death if he were to end up in prison.
After putting a lot of psychological pressure on the victim, Inspector Yadav lowered the bribe demand to NRs. 10,000. When Kurmi said the figure was still too much for him to manage, but that he could manage to give the policeman NRs. 8,000, Inspector Yadav agreed to release him.
Two police officers accompanied Kurmi to his house. Kurmi took NRs. 8,000 out of the NRs.16,000 his wife had made selling their only calf, and returned to the police station with the sum. He handed the money to Inspector Yadav, after which he was allowed to go.
After several days, when Kurmi was out of town, 2 journalists began asking him about the incident. Without thinking much, he detailed how he was detained by the police and was made to provide NRs. 8,000 for his release. The journalists took videos and photos, in order to broadcast the story in the local television station and broadsheet daily. The journalists also went to the police station to meet Inspector Yadav to interview him on the same issue. When the Inspector saw the video of Kurmi detailing the illegal detention and extortion, he made statements to the journalists denying the claims.
Later, Inspector Yadav sent policemen to look for Kurmi. When the policemen did not find Kurmi at his house, Inspector Yadav called him on his mobile and threatened to kill him for exposing the illegal detention and extortion. The Inspector asked Kurmi to visit the police station to “settle their business.”
I have been informed that Inspector Yadav is notorious for beating and torturing locals to extract money. Kurmi fears visiting the police station again. He has been on the run since. It has been over 12 days since he was forced to leave his home. Police officers arrive at Kurmi’s house everyday looking for him.
I am concerned about the safety and security of Sipahi Kurmi. I urge the government of Nepal to intervene immediately and investigate the allegations of police corruption and threats. If prima facie, the allegations hold up, Police Inspector Birendra Kumar Yadav should be suspended for the period of investigation, to limit his ability to meddle with the investigation process. It is in the self-interest of Nepal Police to punish officers that tarnish its image.
I look forward to your immediate attention in this matter.
Yours 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
+977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Bed Prasad Bhattarai
Acting Secretary
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015+977 1 5010015
E-mail: complaints@nhrcnepal.org ornhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210+977 1 4240210 , +977 1 4262548+977 1 4262548, +977 1 4262394+977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.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+977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
