NEPAL: Rangeli Police torture woman in illegal detention, hanging her upside down

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-125-2016
ISSUES: Administration of justice, Arbitrary arrest & detention, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that police officers attached to Area Police Office Rangeli illegally arrested and illegally detained Gulephun Khatun and her husband. Gulephun Khatun, illegally detained for 24 days, has been tortured and even hung upside down for 30 minutes. Husband and wife are now released on bail, after submitting NPR. 20,000 as bail amount.

CASE DETAILS:

The AHRC has received information that Gulephun Khatun, 40, resident of Ward Number 2, Kadmaha Village Development Committee (VDC), Morang District, was arrested on 18 June 2016 by a group of 6 police officers, with one officer dressed in civilian clothes. They took her to Area Police Office (APO) Rangeli.

Earlier, Gulephun Khatun had filed a case at the Office of Land Reforms for a transfer of 3.5 Bigha of land, wherein the owner of the land is Madhusudhan Raj Pandeya, resident of Ward Number 8 of Biratnagar Municipality. Gulephun’s father-in-law Sheikh Dhaik Mian has been tilling Madhusudhan’s land since 1965. 

Following this case filing, which was done at the District Court Morang, Biratnagar, Madhusudhan Raj Pandeya gave 1.1 million Nepali Rupees to Sheikh Dhaik Mian, and settled the case. 

However, Gulephun Khatun filed another case at the District Court Morang, Biratnagar, to cancel the settlement, as she was not happy at not being given any part in the property. 
This case is still pending in court. 

On 18 June 2016, land owner Madhusudhan Raj Pandeya and Secretary of Kadmaha VDC Dig Bahadur Katwal filed a complaint of forgery against Gulephun Khatun at Area Police Office Rangeli. 

The police arrested Gulephun from her house at around noon. They even did not allow her to change proper clothes. Khatun was arrested without an arrest warrant. 

She was kept at a women’s detention center. Police Constable Saroj Pandit took her to a dark room and forced her to accept that she forged the documents. Gulephun denied the charges, and told Constable Saroj Pandit that she is uneducated and does not know how to forge a document. When Gulephun reiterated that the document was given to her by the VDC Office, Constable Saroj Pandit hit her with bamboo stick, stamped on her foot, slapped her 15 to 20 times, and hurled verbal abuse at her. 

She was tortured for two days, wherein she was even hung upside down for 30 minutes on the second day of her illegal arrest and detention. The police used to torture her for 15 to 20 minutes, 3 to 4 times a day. She was given no favors by the police torturers for her being a woman. She was repeatedly hit on her chest, hip, and on her private parts. 

Not only this, the police used to spit on her food, and also on her face. The police used to confiscate food brought by her relatives, and spit on it before giving it to her. The police used to snatch money given by her relatives. Once, when her husband went to meet her, he was also arrested and charged in the forgery case.

The District Court released the husband and wife on bail after 24 days of Gulephun’s detention, on 13 July 2016. They deposited NPR. 20,000 as bail. 

Gulephun and her husband have been living with blue torture marks, and she cannot move around properly. The society has begun viewing them in negative light after the incident. Gulephun Khatun and her husband are affected psychologically, having stayed more than 3 weeks in police custody. 

The AHRC urges the government of Nepal and the police headquarters to investigate the allegation of police torture, and if proven correct, suspend Police Constable Saroj Pandit and other police officers involved. The victims must receive medical treatment at the earliest. Land owner Madhusudhan Raj Pandeya and VDC Secretary Dig Bahadur Katwal must be investigated for the charges they filed against Gulephun Khatun to ascertain if the charge of forgery is malafide in intent. 

SUGGESTED ACTION: 

Please write letters to the following authorities calling on them to take necessary action against the police officers involved in this case. Senior police authorities must immediately suspend Police Constable Saroj Pandit and other police officers involved, and initiate action against them after due process of investigation into the allegation of 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: Rangeli Police torture woman in illegal detention, hanging her upside down

Name of victims: Gulephun Khatun and her husband 
Alleged Perpetrators: Police Constable Saroj Pandit and other unidentified police officers attached with the APO Rangeli

Date of incident: 18 June 2016 to present

Place of incident: APO Rangeli, Biratnagar

I am writing to voice my deep concern as police officers attached to Area Police Office Rangeli illegally arrested and illegally detained Gulephun Khatun and her husband. Gulephun Khatun, illegally detained for 24 days, has been tortured and even hung upside down for 30 minutes.

Gulephun Khatun, 40, resident of Ward Number 2, Kadmaha Village Development Committee (VDC), Morang District, was arrested on 18 June 2016 by a group of 6 police officers, with one officer dressed in civilian clothes. They took her to Area Police Office (APO) Rangeli.

Earlier, Gulephun Khatun had filed a case at the Office of Land Reforms for a transfer of 3.5 Bigha of land, wherein the owner of the land is Madhusudhan Raj Pandeya, resident of Ward Number 8 of Biratnagar Municipality. Gulephun’s father-in-law Sheikh Dhaik Mian has been tilling Madhusudhan’s land since 1965. 

Following this case filing, which was done at the District Court Morang, Biratnagar, Madhusudhan Raj Pandeya gave 1.1 million Nepali Rupees to Sheikh Dhaik Mian, and settled the case. 

However, Gulephun Khatun filed another case at the District Court Morang, Biratnagar, to cancel the settlement, as she was not happy at not being given any part in the property. 

This case is still pending in court. 

On 18 June 2016, land owner Madhusudhan Raj Pandeya and Secretary of Kadmaha VDC Dig Bahadur Katwal filed a complaint of forgery against Gulephun Khatun at Area Police Office Rangeli. 

The police arrested Gulephun from her house at around noon. They even did not allow her to change proper clothes. Khatun was arrested without an arrest warrant. 

She was kept at a women’s detention center. Police Constable Saroj Pandit took her to a dark room and forced her to accept that she forged the documents. Gulephun denied the charges, and told Constable Saroj Pandit that she is uneducated and does not know how to forge a document. When Gulephun reiterated that the document was given to her by the VDC Office, Constable Saroj Pandit hit her with bamboo stick, stamped on her foot, slapped her 15 to 20 times, and hurled verbal abuse at her. 

She was tortured for two days, wherein she was even hung upside down for 30 minutes on the second day of her illegal arrest and detention. The police used to torture her for 15 to 20 minutes, 3 to 4 times a day. She was given no favors by the police torturers for her being a woman. She was repeatedly hit on her chest, hip, and on her private parts. 

Not only this, the police used to spit on her food, and also on her face. The police used to confiscate food brought by her relatives, and spit on it before giving it to her. The police used to snatch money given by her relatives. Once, when her husband went to meet her, he was also arrested and charged in the forgery case.

The District Court released the husband and wife on bail after 24 days of Gulephun’s detention, on 13 July 2016. They deposited NPR. 20,000 as bail. 

Gulephun and her husband have been living with blue torture marks, and she cannot move around properly. The society has begun viewing them in negative light after the incident. Gulephun Khatun and her husband are affected psychologically, having stayed more than 3 weeks in police custody. 

I therefore urge the government of Nepal and the police headquarters to investigate the allegation of police torture, and if proven correct, suspend Police Constable Saroj Pandit and other police officers involved. The victims must receive medical treatment at the earliest. Land owner Madhusudhan Raj Pandeya and VDC Secretary Dig Bahadur Katwal must be investigated for the charges they filed against Gulephun Khatun to ascertain if the charge of forgery is malafide in intent. 

I look forward to your prompt action in this matter.

Yours Sincerely,

—————————— 
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-125-2016
Countries : Nepal,
Issues : Administration of justice, Arbitrary arrest & detention, Torture,