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 case, please click here: SEND APPEAL LETTER
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)
