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UPDATE (Nepal): A woman torture victim faces threats by police after disclosing her torture incident

September 21, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-056-2008

22 September 2008

[RE: AHRC-UAC-205-2008: NEPAL: A woman torture victim is at risk of further ill-treatment and torture in Morang district]
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NEPAL: A woman torture victim faces threats by police after disclosing her torture incident

ISSUES: Intimidation; fear for security; torture; no proper investigation
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned over the safety of one woman torture victim named Ms. Sumitra Khawas. According to the information received from the Advocacy Forum, a prominent local human rights group in Nepal, the victim is still being detained at the Office (APO) of Belbari in Morang district, where she had been reportedly tortured by the police on September 9 after her arrest (For details, see our previous urgent appeal AHRC-UAC-205-2008) The AHRC received further information that the victim received severe threats, from one of the alleged torture perpetrators, after she disclosed her torture incident to the human rights defenders in the area. The AHRC requested the government authorities for the victim's immediate transfer to Morang District Police Office to secure her safety but received no response from any of them. 

UPDATED INFORMATION:

A group of human rights activists, including the lawyers of the Advocacy Forum, went to the Area Police Office (APO) of Belbari to visit Sumitra Khawas on 14 September 2008. The police allowed them to meet Sumitra. However, while they were interviewing her, one unidentified local man, who was with a group of around eight individuals, managed to enter the APO of Belbari and reportedly threatened the lawyers not to provide any assistance to Sumitra. Ironically, the police did nothing to stop this man. Instead, the police reportedly threatened the human rights group members saying that the locals might beat them and that they would not be able to provide any protection to them. 
 
On September 18, Sumitra was again brought to the Morang District Court by the APO of Belbari for the second time on remand. The district court approved the police's application and remanded her for another 4 days to the APO of Belbari. The Advocacy Forum lawyers were also present at the district court at that time.

When the Advocacy Forum lawyers asked her whether she faced any further torture, ill-treatment or threats by the police while in custody, Sumitra reported that at around 8pm on September 16, Police Inspector Mr. Tanka Prasad Bhattarai threatened her not to disclose her torture incident to any human rights groups. She further said that the Police Inspector told her, "I will peel off your skin if you speak about the incident". Sumitra added that she was however not tortured these days. So far, Sumitra has not filed any complaint against three police officers who had allegedly tortured her, fearing further torture and ill-treatment while she is still in custody.

Fearing that Sumitra was at risk of further torture at the APO of Belbari, on September 12, the AHRC has urgently written to various government authorities, including Inspector General of Police, Attorney General, Minister of Law, Justice and Parliamentary Affairs and Minister of Home Affairs, requesting Sumitra's transfer to Morang District Police Office (DPO) but it went in vain. 

The AHRC again strongly appeals to the local authorities, particularly the Police Human Rights Cell of the Police Headquarters, to take an immediate action to ensure that Sumitra is transferred to Morang DPO without further delay.

The AHRC also requests the Police Human Rights Cell to form a central level investigation team and inquire about Sumitra's torture case. During the meeting with one AHRC staff in May 2008, inspector Manoj  K.C of the Police Human Rights Cell said that a central level investigation team could be formed to investigate any gross human rights abuse cases if there is sufficient details of the case such as medical report, etc and if the local police's investigation is believed to be conducted in a improper manner.     

Meanwhile, the Advocacy Forum filed an application in Morang District Court for a medical examination of Sumitra on September 16, which was approved by the court on the same day. However, the court's order was only dispatched by post to the APO of Belbari on September 19. As the AHRC reported in our previous appeal, Sumitra was taken by the police to one local hospital called Belbari Samudahik Swastha Sewa of Belbari VDC-2 in Morang district on September 11, only after the Advocacy Forum lawyers made repeated requests for it. However, she was not provided with proper treatment and medication at the hospital.

Besides, the AHRC confirmed names of two police officers responsible for the victim's torture, who had remained unidentified at the time of issuing the urgent appeal on her case. They are the police head constable Mr. Ram Kumar Rai and the female police constable Ms. Indira Khadka.

Brief reminder of the case:

Ms. Sumitra Khawas, aged 38, is a permanent resident of Pacham of Haraicha Village Development Committee (VDC) – 8, Morang district, Nepal. On 9 September 2008, she was arrested by the Haraicha local police on suspicion of murdering her husband, who had died the same day under unclear circumstances. On the same day, she was transferred at to the APO of Belbari where she was subjected to a brutal torture by three police officers namely, Police Inspector Mr. Tanka Prasad Bhattarai, the police head constable Mr. Ram Kumar Rai and the female police constable Ms. Indira Khadka. During the course of torture, Sumitra was naked and seriously beaten by the police. Despite the police's pressure and torture, she has denied the police's accusation and pledged her innocence.  For further details of the case, please see our previous urgent appeal on her case at: http://www.ahrchk.net/ua/mainfile.php/2008/3002/  


SUGGESTED ACTION:
Please immediately write to the concerned authorities listed below and demand their urgent intervention in this case to make sure that the victim is transferred to the Morang District Police Office without further delay. Please also urge them to inquire about the victim's torture incident and take strong action against responsible police officers.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for urgent intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ____________,

NEPAL: A woman torture victim faces threats by police after disclosing her torture incident

Name of victim: Ms. Sumitra Khawas, aged 38, works at one NGO named Paribartan Nepal based in Ithari of Sunsari district, Nepal
Address of victim: Permanent resident of Pacham of Haraicha Village Development Committee (VDC)-8, Morang district, Nepal
Alleged perpetrators:
1. Police Inspector Mr. Tanka Prasad Bhattarai (responsible for torture and threats)
2. Police head constable Mr. Ram Kumar Rai (responsible for torture)
3. One female police personnel named Ms. Indira Khadka (responsible for torture and threats)
All the three are attached to the Area Police Office (APO) of Belbari, Morang district, Nepal
Place of torture: APO Belbari
Date of incident: Reportedly tortured on 9 September 2008 and remains detained to date
Currently detained at: APO of Belbari

I am deeply concerned by the information that a woman torture victim Ms. Sumitra Khawas has reportedly received severe threats from Police Inspector Mr. Tanka Prasad Bhattarai of APO Belbari, one of three alleged torture perpetrators, after she disclosed her torture incident to local human rights groups.

To briefly remind you about the case, on 9 September 2008, she was arrested by the Haraicha local police on suspicion of murdering her husband, who had died the same day under unclear circumstances. On the same day, she was transferred at to the APO of Belbari where she was subjected to a brutal torture by three police officers mentioned above. During the course of torture, the victim was reportedly naked and seriously beaten by the police. The police also reportedly threatened the victim by giving her electric shocks. Despite police pressure and torture, she has denied the police's accusations and pledged her innocence. 

According to the latest information I have received, the victim reported that at around 8pm on September 16, Police Inspector Mr. Tanka Prasad Bhattarai threatened her not to disclose her torture incident to any human rights groups and also told her that he would peel off her skin if she spoke about the incident.

It is obvious that the victim is valuable by such a threat from the alleged torture perpetrators, and she remains detained at the same APO Belbari where she was reportedly tortured on September 9. I therefore strongly urge you to take immediate action to transfer the victim to another detention centre, for example Morang District Police Office (DPO), without further delay. I particularly request the Police Human Rights Cell of the Police Headquarters to urgently intervene into this matter and give a proper instruction to the Morang DPO regarding this matter.

I am also gravely concerned by the apparent negligence of the APO Belbari in the victim's case. I am informed that when local human rights lawyers, along with a group of human rights defenders visited the victim at the APO of Belbari on September 14, one unidentified local man with a group of around eight individuals managed to enter the police station and reportedly threatened the lawyers not to provide any assistance to the victim. I am annoyed by the report that the police did nothing to stop this man and instead threatened the lawyers saying that the locals might beat them and that the police would not be able to provide any protection to them.

I am worried that in these circumstances, it is impossible to expect any proper and impartial investigation into the victim's torture incident.  I was informed that the victim has not filed any complaint against the responsible police officers, fearing further torture and ill-treatment because she is still in custody of the APO of Belbari. By law, the victim has the right to feely access her lawyer and family.

I therefore strongly request you to urgently take steps to initiate an impartial and proper investigation into the alleged torture of the victim by independent investigating officers. I particularly request the Police Human Rights Cell under the Police Headquarters to form a central level investigation team and inquire about the victim's torture case. If the investigation find the torture allegation is true, strong departmental and legal action should be taken against the responsible police officers. The victim should be given adequate compensation as well.

I also request that the three alleged torture perpetrators, including Police Inspector Mr. Tanka Prasad Bhattarai, are to be suspended while the investigation is ongoing, in order to prevent any further threats or intimidation towards the victim.

Besides, I am informed that the Morang District Court approved a medical examination of Sumitra on September 16. I ask you to ensure that the medical examination on the victim is conducted in a proper manner and that the victim receives appropriate medical treatment for her injuries.

I further appeal to you to ensure that the victim should be immediately released, if the police fail to present any concrete and sufficient evidence against her on the charge of murder. If such charge exists against the victim with sufficient evidence, the victim's right to fair trial and her procedural rights should be guaranteed. Lastly, I again recommend the government of Nepal to enact a law criminalizing torture, a crime in accordance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which Nepal is a state party.

I look for your immediate intervention into this matter.


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Hem Bahadur Gurung
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Tel: +977 1 4412432 (Secretary to IGP)
Fax: +977 1 4415593

2. Mr. Raghav Lal Vaidya
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
E-mail: attorney@mos.com.np

3. Mr. Bamdev Gautam
Minister of Home Affairs
Ministry of Home Affairs
Singha Darbar, Kathmandu
NEPAL
Tel: +977 1 4211261, 4211212, 4211274, 4211249 or 4211224
Fax: +977 1 4211264 or 4211232
E-mail: homegon@wlink.com.np

4. Mr. Dev Gurung
Minister of Law, Justice and Parliamentary Affairs
Ministry of Law, Justice and Parliamentary Affairs
Singha Durbar, Kathmandu
NEPAL
Tel: +977 1 4223727, 4224633 or 4220672
Fax: +977 1 4220684
E-mail: molaw@wlink.com.np

5. 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

6. SSP Mr. Binod Singh
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
E-mail: hrcell@nepalpolice.gov.np

7. Ms. Nainkala Thapa
Chairperson
National Women's Commission
Bhadrakali Plaza
Kathmandu
NEPAL
Fax: +977 1 4256783
E-mail: nwc@htp.com.np 

8. Mr. Richard Bennet
Representative
The United Nations High Commissioner for Human Rights in Nepal (OHCHR)
Museum Road, Chhauni,
G.P.O. Box 24555,
Kathmandu
NEPAL
Fax: +977 1 4670712 or 4670713

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-056-2008
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.