UPDATE(Nepal): Police Human Rights Cell fails to provide any justice to torture victim
March 5, 2008
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-010-2008
5 March 2007
[RE: NEPAL: Assault and threat of a policeman by senior police officers at District Police Office in Surkhet]
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NEPAL: Police Human Rights Cell fails to provide any justice to torture victim
ISSUES: Torture victim; assault; threats; no investigation; impunity
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information that three senior police officers, who are responsible for the brutal assault of a policeman, were simply transferred to another police post without facing any departmental or legal action. Meanwhile, in its response regarding the case, the Police Human Rights Cell failed to provide any justice to the victim, or taking action against the perpetrators.
UPDATED INFORMATION:
This is the case relating to Mr. Surendra Thapa, a 22 year-old police constable at the District Police Office (DPO), Surkhet in Nepal. On 15 October 2007, he was severely assaulted by his senior officer, Assistant Sub Inspector (ASI) Jay Bahadur Thapa and police Sub inspector (SI) Mr. Deependra Khatri, on the petty reason that he did not wear his uniform in a proper way. The victim was again beaten inside the room of Deputy Superintendent of Police (DSP) Mr. Bahadurjung Malla, who did not object to this brutal beating. He finally fell unconsciousness. Later in December, Surendra was sent to a training program despite his poor health, at Midwestern Regional Police Training Center, Nepalgunj. Surendra also received a threat of dismissal from his job. (For more details, please see AHRC-UAC-006-2008).
According to the latest information we have received, after the local human rights group, and the AHRC intervened in this case, the Human Rights Cell of the Nepal Police Headquarter sent an email on 18 January 2008 and assuring that "necessary measures will be taken" after receiving the details of the incident.
However, the Human Rights Cell sent another email on February 5 and attempted to hush up the case based on the information provided by the DPO, Surkhet, where the torture perpetrators worked as senior officers. It did not contain any information on whether the Human Rights Cell had conducted an impartial inquiry about the incident or what measures were taken against the torture perpetrators.
The AHRC reproduce the full text of the Human Rights Cell's email below.
"In response to your recent mail, District Police Office, Surkhet has provided the following information.
1. Regarding the case of Constable Surendra Thapa, on dated 14 Dec 2007, he was failed to report on time in duty but eventually appeared 30 minutes later with no proper uniform. He was asked to submit clarification for his act of improper conduct which is the breech of the Police Code. He couldn't come up with justifiable reasons. Therefore, he was awarded with the formal written warning in conformity with provisions of Police Regulation 2049.
2. And on 29 Dec 2007 , he was selected and sent for the professional training in Regional Police Training centre Nepalgunj as he qualified the criteria set up for the course. Later, He was found expelled even from the training for not being sincere and showing gross negligence as that could hint the negative signal to the other trainees. He reported back on 5 Jan 2008 to the office."
However, the Human Rights Cell's response to this case is challenged by the statements given by two police constables who were present during the incident. The statements are as follows:
Statement of a police constable Ram Bahadur [Name changed for the witness's security]
"On the day of the incident, Surendra arrived at DPO Surkhet in the morning at 9:45 on time. I saw him at the main gate of DPO, Surkhet at 9:45 am.
A patrolling team was already at the gate of DPO and they were about to move to the duty outside. ASI Jay Bahadur Thapa pointed to Surendra and scolded that he did not know how to wear an uniform. I informed Surendra to put his T-shirts uniform inside his belt using some sign languages. ASI Jaybahadur also insulted him saying, "Hey, don't you know how to wear uniform. Didn't you learn in the training to wear clothes?" Surendra replied, "Yes sir, I will arrange the uniform".
The ASI Jay Bahadur then started beating him with a bamboo stick saying that Surendra had repartee with the seniors. ASI Jay Bahadur beat him until a bamboo stick was broken in to 3 or 4 pieces. Surendra didn't have any mistakes there."
Statement of Police Constable Pradeep [Name changed for the witness's security]
"ASI Jay Bahadur Thapa assaulted Surendra Thapa at the gate of DPO, Surkhet with boots and fist. Then, SI Deependra Khatri beat him at the gate with a bamboo stick and also beat him at the room of DSP Bahadurjung Malla until he lost his consciousness. After Surendra lost his consciousness, we took Surendra at Regional Police Office, Surkhet and then to Regional Hospital, Surkhet. He was taken back to DPO from the hospital with the order of SI Deependra Khatri. The incident has not been investigated and the victim hasn't got justice yet."
In the meantime, the AHRC received information that after the incident, ASI Jay Bahadur Thapa has been transferred to Area Police Station, Matela, Surkhet district whereas SI Deependra Khatri was transferred to Midwestern Regional Police Office, Surkhet. Another alleged perpetrator DSP Mr. Bahadurjung Malla was also transferred to Midwestern Regional Police Office, Surkhet. No information is available why these three officers have been transferred. So far, no departmental sanction or legal action has been taken against any of them.
ADDITIONAL COMMENTS:
In fact, it is not an isolated case that the Police Human Rights Cell has failed to provide any justice to a victim of human rights violation. It seems that the Police Human Rights Cell plays role not more than merely forwarding a complaint to the relevant police office. It does not have any independent monitoring or investigation function on the concerned cases. Some good examples are as follows:
1. Case of Jitman Basnet (UA-171-2007): One human rights defender Mr. Jitman Basnet of Solukhumbu District, Nepal, received a threatening phone call from unidentified person on 21 May 2007. In its response to the AHRC Urgent Appeal through email on June 3, the Police Human Rights Cell wrote, "Metropolitan office has been instructed to carry out a thorough investigation to track down the culprit and report of the development on the said case in the earliest."
The AHRC was informed that a few days after an urgent appeal was issued on this case, the police from Metropolitan Police Circle, Kamalpokhari, Kathmandu, called at Advocacy Forum and inquired about a threat to Jitman. In the mean time, a police officer from Kamalphokari Police Circle, Kathmandu, also called on Jitman's cell phone and inquired about the threat. Since then, Jitman was not contacted any more by any police authority. On August 7 and August 11, Jitman again received a threat calls. He registered a complaint at Tinkune Police Station, Kathmandu on August 13 but has not received any responses from the Tinkune Police Station so far.
As police failed to investigate the threats and provide security to Jitman, he continuously received threats in later days. Eventually, he had to leave the country for safety.
2. Case of Kalpana Bhandari (UA-177-2007 and UP-094-2007): On 17 May 2007, Kalpana Bhandari was brutally tortured and sexually molested by the policemen from the Gausala Metropolitan Police Sector and from New Baneshowar Metropolitan Police Circle. In its communication to Urgent Appeal of the AHRC on June 7, the Police Human Rights Cell said that "the prohibition of torture; general requirements on human treatment; and specific requirements concerning women and juveniles are the basis of police investigation" and "all the police official has to abide by this provision of human rights instrument at all times." It further said that "Allegations of human rights violations are to be subjected to an investigation."
However, the AHRC was informed that neither any investigation has been carried out on her case nor any police authority has contacted her so far. The perpetrators walk free as a result. The victim registered a case in Kathmandu District Court for torture compensation on 11 June 2007. She received a threat by a police inspector for filing this case in the court. The case is pending in the court.
3. Case of Prakash Thakuri (UA-219-2007): Prakash Thakuri of Mahendranagar Municipality ward No. 1 in Kanchanpur District, was abducted by members of the Maoist-affiliated Young Communist League (YCL) on 5 July 2007. The Police Human Rights Cell responded to Urgent Appeal of AHRC on August 3 saying that one of the abductors, Pom Prashad Sharma Bhandari was arrested and the police are trying to locate the victim.
However, the AHRC was informed that the police released Pom Prasad Sharma Bhandari 4-5 days after his arrest, without completing an investigation. Mr. Pom Lal was arrested for the second time after few weeks later but he was released with 27,000 rupees bail amount with the decision of the District Court, Kanchanpur. Since the incident, the victim's wife visited the DPO, Kanchanpur many times but the police did not provide her any details about their investigation. Now she says that she does not want to go back to the police station anymore. She further says that there is no other way than weeping as the state authority is deaf and does not hear her problem. However, with the continuous pressure of the media, local human rights organizations and international community, the wife of Prakash Thakuri received Rs. two hundred thousands from District Administration Office, Kanchanpur recently. According to the latest information received, Pom Rasad Sharma Bhandari has been appointed as the member of Mahendranagar Municipality Development Committee of Kanchapur district.
The whereabouts of Prakash are still unknown and no active initiative has been taken by the police authority to find his whereabouts.
4. Case of Sarita (UA-134-2007): A 13-year-old school girl Sarita of Baglung district (name changed to safeguard the victim's identity) and her mother were severely threatened by Maoists on 30 March and 1 April 2007. The Police Human Rights Cell in its response to Urgent Appeal of the AHRC on May 27 and said that it directed the concerned unit to inquire this case to bring the perpetrator to justice.
However, according to our information, the police from the DPO, Baglung came to the village but failed to arrest any perpetrators due to an intervention by the Maoists affiliated Young Communist League (YCL). No one arrested so far relating to this incident. However, the girl and her mother are not threatened these days as earlier. Meanwhile, no investigation has been conducted by the police authority in the other three cases mentioned in the same urgent appeal.
5. Case of Kalam Miya (UA-253-2007): Kalam Miya, a 27-year-old manual worker of Pakali VDC-3, Sunsari district, Nepal was arrested and tortured on 30 and 31 July 2007, while the police forced him to confess to having committed a crime. However, the Police Human Rights Cell wrote in its response to Urgent Appeal of the AHRC on August 15 that "He sustained injuries while trying to flee" and "no torture of any kind has been inflicted against him in custody".
According to the latest information received, no action has yet been taken against those alleged torture perpetrators. The victim was released on August 26 according to the order of the district court. The victim filed a torture compensation case at the District Court, Morang on September 2 (reference no. 27-064/0013). After filing the case to the court, his house was visited by the police on September 11 and broke his door and took two small knives and some his personal documents. Kalam Miya left India to avoid further risk then.
SUGGESTED ACTION:
Please immediately write to the Police Human Rights Cell in Nepal and urge it to take strong measures against the alleged torture perpetrators. Please also urge it to conduct a proper action on the cases that were brought to its attention. We also suggest you to urge the other relevant Nepal authorities to intervene into this matter.
The AHRC also writes letters to the UN Special Rapporteur on the Question of Torture calling for an intervention in these cases.
To support this appeal, please click: 
SAMPLE LETTER:
Dear SSP Mr. Binod Singh,
NEPAL: Police Human Rights Cell fails to provide any justice to torture victim
Name of the victim: Mr. Surendra Thapa, 22, police constable working at District Police Office, Surkhet, residence of Jaljala VDC-7, Sankhuwasava District
Name of alleged perpetrators:
1. Sub inspector of police (SI) Mr. Deependra Khatri of DPO, Surkhet, Nepal (now to Midwestern Regional Police Office, Surkhet)
2. Assistant police inspector (ASI) Mr. Jay Bahadur Thapa of the DPO, Surkhet, Nepal (now transferred to Area Police Station, Matela, Surkhet district)
3. Deputy Superintendent of Police (DSP) Mr. Bahadurjung Malla of DPO, Surkhet (now transferred to Midwestern Regional Police Office, Surkhet)
Place of incident: At District Police Office, Surkhet district, Nepal
Date of incident: 15 October 2007
I am deeply concerned by inaction of the Police Human Rights Cell on the alleged torture case of Mr. Surendra Thapa by his senior police officers listed above.
I was previously informed that the victim was severely assaulted by his senior officer, Assistant Sub Inspector (ASI) Jay Bahadur Thapa and police sub inspector (SI) Mr. Deependra Khatri, on 15 October 2007. He was further assaulted inside the room of Deputy Superintendent of Police (DSP), where he lost his consciousness. The DSP Mr. Bahadurjung Malla did not object to this brutal beating. Later in December, Surendra was forced to go for a training program despite his poor health, at Midwestern Regional Police Training Center, Nepalgunj, after facing threats from his senior officers.
I am recently informed that the Police Human Rights Cell attempted to hush up the case only based on the information provided by the DPO, Surkhet, where the torture perpetrators worked as a senior officer. I have not received any information that whether the Human Rights Cell conducted any impartial inquiry about the incident or what kind of necessary measures it took against the torture perpetrators.
However, the Police Human Rights Cell recently gave a simple justification that Constable Surendra Thapa was failed to report on time in duty with no proper uniform therefore he was awarded with the formal written warning in conformity with provisions of Police Regulation 2049. It further justified that on 29 Dec 2007, Surendra Thapa was selected and sent for the professional training in Regional Police Training centre Nepalgunj but later, he was found expelled even from the training for not being sincere and showing gross negligence.
However, this version is challenged by the statements given by two police constables who were present during the incident. Two police constables, who requested to hide their identity, testified that the victim arrived at the DPO Surkhet on time and ASI Jay Bahadur and SI Deependra Khatri beat him with a bamboo stick until a bamboo stick was broken in to 3 or 4 pieces. They further testified that the incident has not been investigated and the victim hasn't got justice yet.
I note with grave concern that no departmental or legal action has yet been taken against any of the alleged perpetrators. I am informed that the three senior officers were simply transferred to other police post.
I am alert that this is not an isolated case that the Police Human Rights Cell fails to provide any justice to a victim of human rights violation. I draw your attention on some case examples mentioned below.
1. In the case of Jitman Basnet, who is a human rights defender from Solukhumbu District, regarding the threat to him on 21 May 2007, the Police Human Rights Cell said that the Metropolitan office was instructed to carry out a thorough investigation to track down the culprit. However, Jitman reported that he received a phone call one time from a police officer from Kamalphokari Police Circle, Kathmandu and has not been contacted by any police authority since then. Regarding his complaint about further threats on him in August 2007, he has not also received any response from the Tinkune Police Station, Kathmandu.
2. In the case of Kalpana Bhandari, who was brutally tortured and suffered and sexually molested by the policemen from the Gausala Metropolitan Police Sector and from New Baneshowar Metropolitan Police Circle on 17 May 2007, the Police Human Rights Cell promised that an investigation will be done in this case. However, as far as I am informed, neither any investigation has been carried out on her case nor any police authority has contacted her so far. As police failed to investigate the threats and provide security to Jitman, he continuously received threats in later days. Eventually, he had to leave the country for safety.
3. In the case of Prakash Thakur of Mahendranagar Municipality ward No. 1 in the Kanchanpur District, he was abducted by members of the Maoist-affiliated Young Communist League (YCL) on 5 July 2007. The Police Human Rights Cell informed that one of the identified abductors, Pom Prashad Sharma Bhandari was arrested. However, I am informed that the police soon released him without completing an investigation. Unfortunately, Pom Rasad Sharma Bhandari has been recently appointed as the member of Mahendranagar Municipality Development Committee of Kanchapur district. The victim's wife visited the DPO, Kanchanpur many times but did not receive any updated information about the investigation.
4. In the case of a 13-year-old school girl Sarita of Baglung district (name changed to safeguard the victim's identity), she and her mother were severely threatened by Maoists on 30 March and 1 April 2007. The Police Human Rights Cell informed that it directed the concerned unit to inquire this case to bring the perpetrator to justice. However, I am informed that the police from the DPO, Baglung failed to arrest the alleged culprits, although they visited the village due to an intervention by the YCL.
5. In the case of Kalam Miya, a 27-year-old manual worker of Pakali VDC-3, Sunsari district, Nepal, he was arrested and tortured by the police on 30 and 31 July 2007. However, the Police Human Rights Cell simply claimed that the victim sustained injuries while trying to flee and that no torture of any kind has been inflicted against him in custody. No action has yet been taken against those alleged torture perpetrators. The victim filed a torture compensation case at the District Court, Morang on September 2 (reference no. 27-064/0013). After that, his house was visited by the police on September 11 and broke his door and took two small knives and some his personal documents. Kalam Miya left India to avoid further risk then.
In this regard, I strongly urge you, as a head of the Police Human Rights Cell, to take strong measures against the alleged torture perpetrators of Mr. Surendra Thapa. I also ask you to suggest the relevant authorities that the perpetrators are prosecuted by law and brought to justice as soon as possible. I also request you to take a proper action to ensure that the victim receive adequate compensation. I also demand that an impartial and effective investigation is conducted on the cases I mentioned above and proper action is taken against the alleged perpetrators accordingly. Otherwise, the existence of the Police Human Rights Cell would be a mockery to its own citizens as well as to the international community.
I look for your urgent intervention in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
SSP Mr. Binod Singh
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
E-mail: hrcell@nepalpolice.gov.np
PLEASE SEND A COPY OF YOUR LETTER TO:
1. Mr. Krishna Sitaula
Home Minister
Ministry of Home Affairs
Singha Darbar, Kathmandu
NEPAL
Fax: +977 1 4211232
E-mail: moha@wlink.com.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
E-mail: attorney@mos.com.np
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
E-mail: info@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
