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NEPAL: Torture victim receives death threat for filing a complaint

July 6, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAC-123-2012

6 July 2012
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NEPAL: Torture victim receives death threat for filing a complaint

ISSUES: Torture, police violence, threats and intimidation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a couple is facing death threats after filing a case under the Torture Compensation Act against a police officer in Danusha district. Ms Mukhiya filed a case at the Danusha District Court after being tortured by a police officer in relation to a land dispute. After a first attempt to bribe her into withdrawing her case, her husband was abducted by five persons who appeared to be thugs hired by the alleged perpetrator to intimidate him. He was beaten for half an hour and threatened that if the case was not withdrawn within a week, all their relatives would be killed. Ms. Mukhiya is now receiving anonymous calls which reiterate similar threats. The AHRC is very concerned about the safety of the victims and urges the government of Nepal to immediately take measures to protect them against further threats and attacks.

CASE NARRATIVE:

According to the information we have received, the police visited Ms Mukhiya's house twice, on 7 March 2012 and 8 March to search for her brother-in-law who had a land dispute with one Ramprit. At 2 pm on 8 March, Ramprit, Assistant Police Inspector (ASI) Dev Kumar Raut, alias Deep Kumar, and two police officers in uniform with weapons came back to the house to look for the brother-in-law. Ms. Mukhiya asked them the reason behind the frequent visits to her house which led to an argument between her and the police. As a result the policemen arrested her without a warrant.

She was taken to the Area Police Office, Chorakoila. After arriving at the police station, the ASI punched her once on the left side of her forehead and slapped her many times on her left cheek following which she fell to the floor, semiconscious.

Her husband and neighbours who had followed them to the police station arrived at that point and rescued her. She was taken to Janakpur Zonal hospital for treatment. She was so terrified that she could not speak for forty hours after the incident. She left the hospital on 11 March 2012, against the doctor's advice to attend her daughter's wedding. Nevertheless, her health condition remained a matter of concern, her cheeks were swollen and she suffered from migraines as a result of which she received physical and mental treatment in TU teaching hospital, Kathmandu.

On 22 March 2012, she filed a case against the ASI under the Torture Compensation Act in the District Court, Dhanusha. Ramprit, the person who had the initial dispute with her brother-in-law- and a local leader reportedly tried to give her NRs. 60, 000/- (Approximately US$ 759) to settle the case outside court, although the case was not filed against them.

The victim and her husband, Dev Lal Mukhiya, are now facing death threats to force them to withdraw their case.

On 16 June, at 12.30 pm, Mr Mukhiya had received a call from an unknown person asking him to meet the caller near Kalanki temple, in Kathmandu. Mr Mukhiya is a marble paver and the caller said that he wanted to hire him for his house. He reached there at 1.30 pm. Three persons were waiting for him in a taxi and pretended that they would bring him to the house to be marbled. He was brought to a village, near a river below Thankot in Kathmandu district. Two more persons were following them on a motorbike.

He was taken out of the car and the five persons asked him why he had filed a torture compensation case against their friend. They beat him randomly, kicked and punched him. They ordered him to withdraw the case within a week, or else they threatened that they would kill all his family members, including their children. They also asked him who helped them to file their case. They beat him until he fell unconscious and sprinkled water on his face to bring him around. The beatings and threats lasted for half an hour. The five persons involved in the abduction and the beatings were all wearing civilian clothing and appeared to be thugs.

Due to the beatings, Mr Mukhiya's body is covered with bruising. As the perpetrators were linked to the police he has not filed a complaint about that incident. He also feels that cannot ask them for protection.

On 2 July, Ms. Mukhiya received four anonymous calls from the cell number 977-9817728411.The caller insulted her and threatened to kill all her family members if she did not withdraw the case.

The victims are now living in constant fear for their lives and that of their relatives. They feel that they might be attacked at any time. Ms. Mukhiya is residing in the same village where the perpetrator is on duty.

ADDITIONAL COMMENTS:

Witness and victim protection mechanism is a pre-requisite to ensure that victims of human rights violations can access justice without fear of reprisals. It is particularly crucial in cases of torture where victims filing a case go against one of the most powerful institutions of the state and face tremendous risks. Nevertheless, there is no such mechanism in Nepal, leaving victims exposed to threats and attacks by the perpetrators when they try to access justice.

Article 13 of the Convention against Torture mandates that "Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given." The Committee against Torture in its concluding observations recommended Nepal to "Consider adopting legislative and administrative measures for witness protection, ensuring that all persons who report acts of torture or ill-treatment are adequately protected."

Most crucially, the officials against which allegations of torture are being brought up- unless manifestly ill-founded- should be suspended from their duties pending the outcome of the investigation and subsequent legal proceedings. This suspension is imperative to remove the alleged perpetrators from any position of control or power over complainants, witnesses and investigators and to prevent them from interfering into the due process of investigations. The CAT specifically demanded Nepal that "In connection with prima facie cases of torture, the accused should be subject to suspension or reassignment during the investigation." Similarly the Special Rapporteur following his country visit in 2005 recommended Nepal to ensure that "Any public official indicted for abuse or torture, including prosecutors and judges implicated in colluding in torture or ignoring evidence, be immediately suspended from duty pending trial, and prosecuted".

Threats, harassment, intimidation or attacks against victims or witnesses for their collaboration with investigation and legal processes should be made serious criminal offences of their own and should be promptly, independently and professionally investigated and any person found involved in such acts would face prosecutions.

Developing a comprehensive, strong, independent and credible victim protection mechanism is a pre-requisite to ensure that victims of torture have access to justice. So far in Nepal, extreme delays in rendering justice, fear of reprisals and no effective protection of witnesses and victims have lead to a general failure of justice and a lack of fair trials. Building a strong protection mechanism will be a tremendously important step toward rebuilding the trust of the public in their institutions and toward strengthening the right to a legal remedy of the victims, leading to greater protection of human rights in Nepal.

SUGGESTED ACTION:
Please join us in expressing your concern for the victim's situation by writing to the authorities listed below.

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear ___________,

Re: NEPAL:Torture victim receives death threat for filing a complaint

Name of victims: Ram Biraji Devi Mukhiya and Dev Lal Mukhiya, permanent residents of Goth Koyelpur VDC-5 in Danusha district.
Name of alleged perpetrator: Assistant Police Inspector (ASI) Dev Kumar Raut, alias Deep Kumar
Date of the initial incident: 8 March 2012
Place of incident: Area Police Office, Chorakoila

I am writing to express my serious concern about the safety of a torture victim and her husband who have been receiving repeated death threats after filing a case under the Torture Compensation Act against a police officer.

According to the information I have received from the Asian Human Rights Commission (AHRC), the police visited Ms Mukhiya's house twice, on 7 March 2012 and 8 March to search for her brother-in-law who had a land dispute with one Ramprit. At 2 pm on 8 March, Ramprit, Assistant Police Inspector (ASI) Dev Kumar Raut, alias Deep Kumar, and two police officers in uniform with weapons came back to the house to look for the brother-in-law. Ms. Mukhiya asked them the reason behind the frequent visits to her house which led to an argument between her and the police. As a result the policemen arrested her without a warrant.

She was taken to the Area Police Office, Chorakoila. After arriving at the police station, the ASI punched her once on the left side of her forehead and slapped her many times on her left cheek following which she fell to the floor, semiconscious.

Her husband and neighbours who had followed them to the police station arrived at that point and rescued her. She was taken to Janakpur Zonal hospital for treatment. She was so terrified that she could not speak for forty hours after the incident. She left the hospital on 11 March 2012, against the doctor's advice to attend her daughter's wedding. Nevertheless, her health condition remained a matter of concern, her cheeks were swollen and she suffered from migraines as a result of which she received physical and mental treatment in TU teaching hospital, Kathmandu.

On 22 March 2012, she filed a case against the ASI under the Torture Compensation Act in the District Court, Dhanusha.

Ramprit, the person who had the initial dispute with her brother-in-law- and a local leader reportedly tried to give her NRs. 60, 000/- (Approximately US$ 759) to settle the case outside court, although the case was not filed against them.

I am concerned that the victim and her husband, Dev Lal Mukhiya, are now facing death threats to force them to withdraw their case.

On 16 June, at 12.30 pm, Mr Mukhiya had received a call from an unknown person asking him to meet the caller near Kalanki temple, in Kathmandu. Mr Mukhiya is a marble paver and the caller said that he wanted to hire him for his house. He reached there at 1.30 pm. Three persons were waiting for him in a taxi and pretended that they would bring him to the house to be marbled. He was brought to a village, near a river below Thankot in Kathmandu district. Two more persons were following them on a motorbike.

He was taken out of the car and the five persons asked him why he had filed a torture compensation case against their friend. They beat him randomly, kicked and punched him. They ordered him to withdraw the case within a week, or else they threatened that they would kill all his family members, including their children. They also asked him who helped them to file their case. They beat him until he fell unconscious and sprinkled water on his face to bring him around. The beatings and threats lasted for half an hour. The five persons involved in the abduction and the beatings were all wearing civilian clothing and appeared to be thugs.

Due to the beatings, Mr Mukhiya's body is covered with bruising. As the perpetrators were linked to the police he has not filed a complaint about that incident. He also feels that cannot ask them for protection.

I am further concerned to learn that on 2 July, Ms. Mukhiya received four anonymous calls from the cell number 977-9817728411.The caller insulted her and threatened to kill all her family members if she did not withdraw the case.

The victims are now living in constant fear for their life and that of their relatives. They feel that they can be attacked at any time. I am particularly concerned that Ms. Mukhiya is residing in the same village where the perpetrator is on duty.

I therefore urge you to take immediate measures to guarantee the safety of the victims and their family members. An impartial and thorough investigation must be conducted without delay into the allegations of torture and death which must lead to the prosecution of the perpetrators. To guarantee the protection of the victims through the investigation and justice process, the alleged perpetrator must be suspended from duty pending the outcome of the court process. The State should provide full compensation and rehabilitation to the victim.

I am looking forward to your intervention in this matter.

Yours sincerely,

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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. Rt. Hon. Dr. Baburam Bhattarai
Prime Minister of Nepal
Office of the Prime Minister and Council of Nepal
Singh Durbar
P.O. Box: 43312
Kathmandu
Nepal
Fax: +977 1 4211 086
Email: info@opmcm.gov.np,
bhattaraibaburam@gmail.com

3. Hon. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan, Pulchowk, Lalitpur, Nepal
G.P.O. Box: 9182, Kathmandu, Nepal
Tel.: 00977-(0)1-5010015 (Hunting Line)
Fax: 00977-(0)1-5547973
E-mail: nhrc@nhrcnepal.org
complaints@nhrcnepal.org

4. Mr. Mukti Narayan Pradhan
Office of Attorney General
Ramshah Path
Kathmandu, Bagmati
Nepal
Tel: 977-01-4240210, 977-01-4262548, 977-01-4262394
Fax: 977-01-4262582, 977-01-4218051
Email: info@attorneygeneral.gov.np, socialjus@gmail.com

5. Mr. Bijaya Kumar Gachchhadar
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Email: gunaso@moha.gov.np
Fax: +977 1 42 11 232
Tel: +977 1 4211211

6. DSP Bishwa Adhikari
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-123-2012
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.