NEPAL: Illegal arrest and torture of a man in the Dang district

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-123-2016
ISSUES: Arbitrary arrest & detention, Torture,

Dear Friends,

The Asian Human Rights commission (AHRC) has received information, that police officers attached to the Dang District Police Office, illegally arrested and tortured Salman Khan of the Dang District. Police charged him with robberies at Lamahi, Ghorahi, and Tulsipur Chowk. They have been given permission from the District Court of Dang Ghorahi to investigate. Khan has been under arrest for a month already.

CASE DETAILS: 

The AHRC has received information that Salman Khan (36), resident of India, Uttar Pradesh (UP), is temporarily living in ward number-1 of Ghorahi Municipality, Dang District for the past 5 years. He collects waste materials for a living. He has been arrested on robbery charges at Lamahi, Ghorahi, and Tulsipur Chowk in the Dang District.

On 14 September 2016, a team of two police officers in civilian clothes arrived on a motorbike. Two uniformed police officers, in a van, arrested Salman from Ghorahi Municipality ward number-11, Tulsipur Chowk, without a warrant. They took him to the District Police office (DPO) Dang, Ghorahi. He was in custody for 5 days without any documentation, after which an arrest warrant and detention papers were served. 

On the same day about 6 PM, a police officer named Tika (surname unknown) took him to the Crime Inquiry Compartment. He started asking for details and his involvement in the robberies in the different houses at Lamahi, Ghorahi and Tulsipur. The officer tried to force Salman to acknowledge that he was involved in the robberies, and disclose names and addresses of friends who were involved. 

Salman told the police officer that he did not know anything about other persons and he had not heard who were involved in the robberies. Salman told the officer that he made his living by collecting waste. He did not know anything about the robberies and denied involvement. 

The police officer responded by handcuffing him. Salman was then beaten on the legs and the back with a black plastic pipe for 15 minutes. The police officer kicked Salman, 5 to 7 times with his police boots. He was beaten 14-15 times within one hour. When Salman did not acknowledge the crime, Officer Tika poured petrol into his anus, threatening to light it-so that he would die in the fire. 

The police registered robbery charges against him at the District Court and have been given permission from the District Court to keep him in remand, under investigation. 

Salman’s family was allowed to visit him only after 5 days. The police have extended permission to keep him in custody.

The AHRC has received information that the police threatened him with further torture for disclosing information to human rights defenders. Salman and his family members are living in fear of retaliation. The AHRC urges the government of Nepal, and the police headquarters to immediately stop the torture of Salman Khan.

SUGGESTED ACTION: 

Please write letters to the following authorities calling on them to take the necessary action against the police officers involved in this case. Senior police authorities must immediately suspend the alleged police officers involved, and initiate action against them after due process of investigation into the police torture.

The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

NEPAL: Illegal arrest and torture of a man in the Dang district

Name of victims: Salman Khan (36)

Alleged Perpetrators: Police officers Tika (Surname unknown) attached with the DPO Dang

Date of incident: 14 September 2016 to present

Place of incident: DPO Dang, Ghorahi Municipality

I am writing to voice my deep concern as police officers attached to the Dang District Police Office, illegally arrested and tortured Salman Khan of the Dang District. Police charged him with robberies at Lamahi, Ghorahi, and Tulsipur Chowk.

On 14 September 2016, a team of two police officers in civilian clothes arrived on a motorbike. Two uniformed police officers, in a van, arrested Salman from Ghorahi Municipality ward number-11, Tulsipur Chowk, without a warrant. They took him to the District Police office (DPO) Dang, Ghorahi. He was in custody for 5 days without any documentation, after which an arrest warrant and detention papers were served. 

On the same day about 6 PM, a police officer named Tika (surname unknown) took him to the Crime Inquiry Compartment. He started asking for details and his involvement in the robberies in the different houses at Lamahi, Ghorahi and Tulsipur. The officer tried to force Salman to acknowledge that he was involved in the robberies, and disclose names and addresses of friends who were involved.

Salman told the police officer that he did not know anything about other persons and he had not heard who were involved in the robberies. Salman told the officer that he made his living by collecting waste. He did not know anything about the robberies and denied involvement.

The police officer responded by handcuffing him. Salman was then beaten on the legs and the back with a black plastic pipe for 15 minutes. The police officer kicked Salman, 5 to 7 times with his police boots. He was beaten 14-15 times within one hour. When Salman did not acknowledge the crime, Officer Tika poured petrol into his anus, threatening to light it-so that he would die in the fire.

The police registered robbery charges against him at the District Court and have been given permission from the District Court to keep him in remand, under investigation. 
Salman’s family was allowed to visit him only after 5 days. The police have extended permission to keep him in custody.

I know that the police threatened him with further torture for disclosing information to human rights defenders. Salman and his family members are living in fear of retaliation. I therefore urge the government of Nepal, and the police headquarters to immediately stop the torture of Salman Khan.

I look forward to your prompt action in this matter.
Yours Sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Pushpa Kamal Dahal ‘ Prachanda’ 
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Bimalendra Nidhi 
Home Minister of Nepal
Ministry of Home Affairs
Singh Durbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. Mr. Anupraj Sharma
Chairperson
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. Raman Kumar Shrestha 
Attorney General
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@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
Email: phqigs@nepalpolice.gov.np

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-123-2016
Countries : Nepal,
Issues : Arbitrary arrest & detention, Torture,