Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that 17-year-old Bijay Khadka and 16-year-old Govinda Malla, residents of Sonashree VDC 05 and 06 respectively, were arrested for theft by the police. The two were then tortured by various physical means. They have complained of being forced to confess to the crime and not being given a chance to read their statements. They are currently being detained at the Bardiya District Police Office.
CASE NARRATIVE:
The AHRC has received information that four unidentified policemen at Dhodhari Mach, Bardiya, arrested teenagers Bijay Khadka and Govinda Malla, for theft at around 9 a.m. on 3 August 2014. They were taken to the Dhodhari Police Station in Bardiya district after their arrest, and detained there for about one and half hours.
At the Dhodhari Police Station, the four policemen who arrested them took them to a room and forced them to stand upside down against the wall and beat them with sticks. Due to the effects of fear and pain, they cannot remember exactly how long they were tortured. The details they are able to provide are:one policeman used sticks to beat them at least four times on the soles of their feet;five or six times on their hips, back, and hands; and then slapped them four or five times in the face. The police then took them out to the office premise and forced both of them onto their elbows and knees. They were made to crawl on gravel for about 10 minutes. Then the police ordered them to do frog jumps for about 10 minutes. After that, they were tortured further.
The police kept them in a waiting room for a while before transferring them to the Bardiya District Police Office (DPO) in a police van. At Bardiya DPO, they were taken to the Litigation Section where they were interrogated by other unidentified policemen. The children were accused and questioned about other acts of theft. Demanding that they confess the truth, one of the policeman banged Govinda Malla’s head against a wall and beat both the detainees with sticks. Then, two unidentified policemen forced both of them to lie down on their knees and elbows and beat them with sticks, twice on the soles of their feet, and twice on their hips. They were also forced to slap each other’s faces four times. Only then did their physical torture end.
The victims were provided arrest warrants and detention letters on 5 August, with effect from 3 August, from the time they were transferred to the Bardiya District Police Office.
The two juvenile victims were taken to the public prosecutor’s office in the second week of August, between10 to 15 August 2014, to record their statement. They complained of a coerced confession and of not being given a chance to read their statements. Due to the torture, and a reminder of the intense pain they experienced for days afterward, the boys still have scars on their back and elbows.
The AHRC urges the government of Nepal to intervene immediately and investigate the allegations of police torture. If the allegations meet the prima facie standard, the police officers should be suspended for the period of investigation. This will limit their ability to meddle with the investigation process. Further, the government should arrange for the safety and security of the victims.
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 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: Police torture two juveniles to extract confession
Name of victims: Bijay Khadka and Govinda Malla
Names of alleged perpetrators:
1: Police Officers from the Dhodhari Police Station
2: Police Officers from Bardiya District Police Office
Date of incident: 3 August 2014 to present
Place of incident: Dhodhari Police Station & Bardiya District Police Office, Bardiya District, Nepal
I write with deep concern that four unidentified policemen at Dhodhari Mach, Bardiya, arrested teenagers Bijay Khadka and Govinda Malla, for theft at around 9 a.m. on 3 August 2014. They were taken to the Dhodhari Police Station in Bardiya district after their arrest, and detained there for about one and half hours.
At the Dhodhari Police Station, the four policemen who arrested them took them to a room and forced them to stand upside down against the wall and beat them with sticks. Due to the effects of fear and pain, they cannot remember exactly how long they were tortured. The details they are able to provide are: one policeman used sticks to beat them at least four times on the soles of their feet; five or six times on their hips, back, and hands; and then slapped them four or five times in the face. The police then took them out to the office premise and forced both of them onto their elbows and knees. They were made to crawl on gravel for about 10 minutes. Then the police ordered them to do frog jumps for about 10 minutes. After that, they were tortured further.
The police kept them in a waiting room for a while before transferring them to the Bardiya District Police Office (DPO) in a police van. At Bardiya DPO, they were taken to the Litigation Section where they were interrogated by other unidentified policemen. The children were accused and questioned about other acts of theft. Demanding that they confess the truth, one of the policeman banged Govinda Malla’s head against a wall and beat both the detainees with sticks. Then, two unidentified policemen forced both of them to lie down on their knees and elbows and beat them with sticks, twice on the soles of their feet, and twice on their hips. They were also forced to slap each other’s faces four times. Only then did their physical torture end.
I know that the victims were provided arrest warrants and detention letters on 5 August, with effect from 3 August, from the time they were transferred to the Bardiya District Police Office.
I have been informed that two juvenile victims were taken to the public prosecutor’s office in the second week of August, between 10 to 15 August 2014, to record their statement. They complained of a coerced confession and of not being given a chance to read their statements. Due to the torture, and a reminder of the intense pain they experienced for days afterward, the boys still have scars on their back and elbows.
Therefore, I urge the government of Nepal to intervene immediately and investigate the allegations of police torture. If the allegations meet the prima facie standard, the police officers should be suspended for the period of investigation. This will limit their ability to meddle with the investigation process. Further, the government should arrange for the safety and security of the victims.
I look forward to your immediate attention in this matter.
Yours 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
+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)
