NEPAL: Students tortured by drunk police officers

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-135-2014
ISSUES: Impunity, Inhuman & degrading treatment, Police violence, Rule of law,

Dear friends,

The Terai Human Rights Defenders (THRD) Alliance in Nepal has informed the Asian Human Rights Commission (AHRC) that three teenage children were tortured by three drunk police officers on 26 September 2014. The victims are still waiting for justice and the perpetrators have yet to be charged. 

CASE NARRATIVE:

Mr. Deepak Thater, the 13-year-old son of Mr. Rajendra Thater; Mr. Yuba Raj B.K, the 14-year-old son of Mr. Harka Bahadur B.K; and Mr. Pramod Chai, the 16-year-old son of Sohan Lal Chai, have been tortured on 26 September 2014 in Jogmohan Chowk, Ward 1 of Gulariya Municipality, Bardiya District. Mr. B.K is a student at Dharma Jyoti Secondary School, Taratal Bardya. Mr. Dhater and Chai studied at Shambhu Sharan Higher Secondary School in Khairapur, Bardiya.

The three victims were playing Langur Burja (local betting game sometimes called Crown and Anchor) in Jogmohan Chowk around 5 p.m. on the 26th. Assistant Sub-inspector Mr. Hem Raj Pathak, Policeman Tilak Bahadur Bishowakarma, and a third officer of 10 number Area Police Station Gulariya who was dressed in plain clothes detained the boys. The three officers were apparently drunk and began kicking the victims’ backs and legs for 10 minutes. 

As a result of the boys’ injuries, local people called an Ambulance from the District Health Office and the boys were hospitalized in District Hospital Gulariya. They suffered numerous bruises on their backs and feet and Yuba Raj B.K. was unable to walk. After recovery they were discharged on 27 September 2014 around 5 p.m. 

While the police refused to provide justice to the victims, local human rights activists visited the local people, family members, and witnesses. They then released a statement demanding the truth and emphasizing the need for justice for torture victims throughout the region. They also called the torture inhuman and abuse of police power. The victims are demanding justice and official punishment on alleged perpetrators. Superintendant of Police Mr. Birendra Kumar Bashyal, District Police Headquarter Bardiya, called and interviewed the involved officers but did not take any action against them.  

The AHRC urges the government of Nepal to immediately intervene and investigate this matter. The students and their family should be provided justice. The police personnel involved must be subject to investigation and the guilty must be prosecuted. If the District Police Headquarter of Bardiya District does not take appropriate action, they too should be investigated and charged accordingly. 

SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this alleged act of police torture, and requesting immediate intervention. 

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: Students tortured by drunk police officers

Identity of victims: 
1. Mr. Deepak Thater, Ward 3 of Gulariya Municipality Bardiya District. 
2. Mr. Pramod Chai, Ward 1 of Gulariya Municipality Bardiya District.
3. Mr. Yuba Raj B.K, Ward 2 of Gulariya Municipality Bardiya District.
Identity of alleged perpetrators: 
1. Assistant Sub-Inspector Mr. Hem Raj Pathak, 
2. Police person Mr. Tilak Bahadur B.K and 
3. One other police officer from the of 10 number Area police station, Bardiya District, Nepal. 
Date of incident: 26 September to present
Place of incident: Jogmohan Chowk, ward 1, Gulariya Municipality, Bardiya, District, Nepal

I am writing to express my grave concern regarding the torture of Mr. Deepak Thater, the 13-year-old son of Mr. Rajendra Thater; Mr. Yuba Raj B.K, the 14-year-old son of Mr. Harka Bahadur B.K; and Mr. Pramod Chai, the 16-year-old son of Sohan Lal Chai, in Jogmohan Chowck, All three are currently still in school.

The three victims were playing Langur Burja (local betting game sometimes called Crown and Anchor) in Jogmohan Chowk around 5 p.m. on the 26th. Assistant Sub-inspector Mr. Hem Raj Pathak, policeman Tilak Bahadur Bishowakarma, and a third officer of 10 number Area Police Station Gulariya who was dressed in plain clothes detained the boys. The three officers were apparently drunk and began kicking the victims’ backs and legs for 10 minutes. 

As a result of the boys’ injuries, local people called an Ambulance from the District Health Office and the boys were hospitalized in District Hospital Gulariya. They suffered numerous bruises on their backs and feet and Yuba Raj B.K. was unable to walk. After recovery they were discharged on 27 September 2014 around 5 p.m. 

While the police refused to provide justice to the victims, local human rights activists visited the local people, family members, and witnesses. They then released a statement demanding the truth and emphasizing the need for justice for torture victims throughout the region. They also called the torture inhuman and abuse of police power. The victims are demanding justice and official punishment on alleged perpetrators. Superintendant of Police Mr. Birendra Kumar Bashyal, District Police Headquarter Bardiya, called and interviewed the involved officers but did not take any action against them.  

Therefore, I urge the government of Nepal to immediately intervene and investigate this matter. The students and their family should be provided justice. The police personnel involved must be subject to investigation and the guilty must be prosecuted. If the District Police Headquarter of Bardiya District does not take appropriate action, they too should be investigated and charged accordingly.

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
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
E-mail: complaints@nhrcnepal.org, or nhrc@nhrcnepal.org

4. Mr. Baburam Kunwar
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-135-2014
Countries : Nepal,
Issues : Impunity, Inhuman & degrading treatment, Police violence, Rule of law,