NEPAL: Police officer gives open challenge to investigate and prosecute

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-009-2014
ISSUES: Arbitrary arrest & detention, Impunity, Rule of law, Threats and intimidation, Torture, Victims assistance & protection,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Forum for Protection of People’s Rights, Nepal (PPR Nepal), that the Nepal police officers stationed at the Hanumandhoka Metropolitan Police Range (MPR) resumed their torturous call to the Thakur family living in Kathmandu. The family had allegedly been under investigation for theft of gold from their landlord since 19 February 2013.

UPDATED INFORMATION:

According to the information received by the Asian Human Rights Commission (AHRC), the police officers have resumed their torturous calls to the Thakur family. The AHRC earlier released an Urgent Appeal where we gave the detailed information about police torture to a Thakur family including 3 children.

Uma Kanta Thakur received a phone call from +977 9851283032 at around 9 am on 7th March 2014. The caller asked Uma Kanta to come to the MPR and also bring his wife, Sunita Devi Thakur, as told by DSP Om Adhikari. Uma Kanta replied that he was busy at that time and his wife has been feeling sick so that he would not be able to come to Hanumandhoka. On same day at 12 noon Uma Kanta received a call from the same number that threatened him and told ‘If you do not come to Hanumandhoka then we will send a police van to arrest you’. It worried Uma Kanta. He then called representatives of PPR Nepal and INSEC and told them what happened. Uma Kanta went to the Hanumandhoka MPR at 2 PM with representatives of PPR Nepal and INSEC.

They first went to meet Inspector Kiran Neupane working in crime investigation division at Hanumandhoka MPR, one of the alleged officers in the torture. The Inspector admitted calling the Thakur family for the first time on 16th May 2013, after they received the allegation of the gold theft. The officer also accepted that the police interrogated the Thakur family without any formal arrest warrant. Furthermore he said that he and DSP Om Adhikari are the main investigating authority in this case.

Without the permission of the investigating authority nobody can call and summon the Thakur family to the police station so it indicates their strong involvement on this issue. Inspector Neupane openly claimed that they can restart the investigation anytime and can call the family for further investigation.

It is a serious concern that Inspector Kiran Neupane boasted openly that he has served the Nepal police for 20 years now (After 20 years service any government official can get the lifelong pension). During this period he went to the United Nations mission twice. He threatened that if the victim family files a torture case, it would not make any difference to him and he is ready to go through it.

Upon seeing the human rights defenders, DSP Om Adhikari informed that this case is under investigation. DSP Adhikari accepted bringing in the Thakur family, including the children, for an alleged theft of gold. But DSP Adhikari denied torturing. Using diplomatic language he said, ‘Nepal police has not any kind of policy to torture, we are a modern police now so do not torture in the name of investigation’.

DSP Adhikari said that Sunita Devi needs to come to the Hanumandhoka for a lie detector test later as he said that it was busy at that time. DSP Om Adhikari further told Uma Kanta that he will call him when the lie detector is free and also added “Next time just bring your wife only, you do not need to bring any human rights defenders”.

DSP Om Adhikari called Uma Kanta at 10:24 am on 10 March 2014 and threatened him over phone ‘Why are you speaking to so many people regarding torture? Do you know me? Yesterday one of a lawyer met me as well. If you speak further regarding the torture, then you would have to face a bad consequence’.

Now the police have recently received a lie detector machine. They are planning to test Sunita Devi on that. Sunita Devi has not slept properly after she heard that she needs to go back to the police range again. It has increased her psychological problem.

The AHRC have already urged the Nepal government on its previous Urgent Appeal released on February 27, 2014 to immediately direct its relevant department to conduct an impartial investigation and punish the officers who were involved in this incident. The AHRC reiterates its call to immediately intervene so that the victim family stop receiving further torture. The government should take appropriate measures to provide security to the family as the officers who are involved have started making threatening calls. We urge that the police officer who openly challenged to prosecute him must be brought before the court of law as there is no one above the law, not even a police officer. Furthermore, the government should take appropriate steps to prevent this ongoing torture and provide immediate redress to all torture victims.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this incident and request immediate intervention on the allegations of torture. The officers who were involved must be subject to investigations and brought before the court of law.

The AHRC has written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this matter.

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

SAMPLE LETTER

Dear ………………,

NEPAL: Police officer gives open challenge to investigate and prosecute

Name of victims: Uma Kanta Thakur, Sunita Devi Thakur, Mithiles Thakur, Dipika Thakur & Rakesh Thakur 
Names of alleged perpetrators: DSP Om Adhikari, Inspector Kiran Neupane, and unidentified police officers 
Date of incident: 19 February 2013 and continuing
Place of incident: Metropolitan Police Range Hanumandhoka, Kathmandu, Nepal

I am writing to voice my serious concern against the police torture that has resumed to Thakur family in Kathmandu. The police officers resumed their torturous call to Thakur family. Earlier I read the Urgent Appeal released by the AHRC that gave detailed information about the police torture given to the Thakur family including 3 children.

I am very concerned to know that Uma Kanta Thakur received a phone call from +977 9851283032 at around 9 am on 7th March 2014. The caller asked Uma Kanta to come to the MPR and also bring his wife, Sunita Devi Thakur, as told by DSP Om Adhikari. Uma Kanta replied that he was busy at that time and his wife has been feeling sick so that he would not be able to come to Hanumandhoka. On same day at 12 noon Uma Kanta received a call from the same number that threatened him and told ‘If you do not come to Hanumandhoka then we will send a police van to arrest you’. It worried Thakur. Uma Kanta then called representatives of PPR Nepal and INSEC and told them what happened. Uma Kanta went to the Hanumandhoka MPR at 2 PM with representatives of PPR Nepal and INSEC.

They first went to meet Inspector Kiran Neupane working in crime investigation division at Hanumandhoka MPR, one of the alleged officers in the torture. Inspector admitted calling the Thakur family for the first time on 16th May 2013, after they received the allegation of gold theft. The officer also accepted that the police interrogated the Thakur family without any formal arrest warrant. Furthermore he said that he and DSP Om Adhikari are the main investigation authority on this case.

I am certain that without the permission of the investigating authority nobody can call and summon the Thakur family to the police station. So it indicates strong involvement of the alleged police officer on this issue. Inspector Neupane openly claimed that they can restart the investigation anytime and can call the family for further investigation.

It is a matter serious concern that Inspector Kiran Neupane boasted openly that he has served the Nepal police for 20 years now (After 20 years service any government official can get the lifelong pension). During this period he went to United Nations mission twice. He challenged that if the victim family files a torture case, it would not make any difference to him and he is ready to go through it.

I am aware that upon seeing the human rights defenders, DSP Om Adhikari informed that this case is under investigation. DSP Adhikari accepted brining in the Thakur family including the children for alleged theft of gold. But DSP Adhikari denied torturing them. Using a diplomatic language he said ‘Nepal police has not any kind of policy to torture, we are a modern police now so do not torture in the name of investigation’.

I am dismayed to learn that DSP Adhikari reiterated that Sunita Devi needs to come to the Hanumandhoka for test in a lie dictator later as he said that it was busy at that time. DSP Om Adhikari further told Uma Kanta that he will call him when the lie dictator is free and also added “Next time just bring your wife only, you do not need to bring any human rights defenders”.

It is matter of further concern that DSP Om Adhikari called Uma Kanta at 10:24 am on 10 March 2014 and threatened him over phone ‘Why are you speaking to so many people regarding torture? Do you know me? Yesterday one of a lawyer met me as well. If you speak further regarding the torture, then you would have to face a bad consequence’.

Therefore I urge the Nepal government to immediately direct its relevant department to conduct an impartial investigation and punish the officers who were involved in this incident. I demand the government should take appropriate measures to provide security to the family as the officers who are involved have started giving threatening calls. The police officer who openly challenged to prosecute him must be brought before the court of law as there is no one above the law, not even a police officer.

Sincerely,

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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
Home Ministry
Singh Darbar, Kathmandu 
NEPAL
Fax: +977 1 42 11 232

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. Attorney General of Nepal
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@attorneygeneraal.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

6. Mr. Ramesh Prasad Kharel
Senior Superintendent of Police & 
Chief of Kathmandu Police Circle
Hanumandhoka Metropolitan Police Range
Kathmandu
NEPAL
Tel: +977 1 4410579, +977 9851078100 
Email: kharel2007@gmail.com

Thank you.

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