NEPAL: Torture victim faces continuous death threats due to his complaints to the courts 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-076-2006
ISSUES: Administration of justice,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the constant death threats made against and the harassment of a torture victim by his perpetrators due to his legal action against them in court. The victim is a police officer who was arbitrary detained and tortured by his senior officers in November 2002 merely because he refused to do the work which he felt was not within his scope of duty as a police officer. As a result of his torture, he has filed two torture cases against his perpetrators, which are currently pending in the Patan Appellate Court and the Supreme Court seperately. The victim has reported that he has been receiving countless death threats for the last couple of months due to his legal action and he has been pressured by his superiors to resign from his post as a police officer.

Hom Bahadur Bagale (41) is a Sub-inspector working as a technical officer at the Central Police Band Gulma (Battalion), Maharajganj, Kathmandu, Nepal. He is currently involved in a legal battle against his superiors who he alleges committed atrocious acts of torture against him in November 2002.  According to the victim, on 18 February 2006, at around 6.30 pm, a group of around six men in civilian clothing came to his house and asked his wife where he was.  The wife told the men that the victim had gone to see his sons at their school in Sage, 25 kilometers from Kathmandu.  When the victim was informed about the visit from the men he feared for his life and therefore abstained from returning to his house.

Bagale has been receiving continuous threats against his life from his perpetrators (senior officials within his office). They have warned him to withdraw the cases filed at the Patan Appellate Court and the Supreme Court of Nepal against them.  Furthermore, they have threatened to terminate the victim’s job as a police officer.  Their threats have been reinforced by a letter sent to the victim, from the legal department of the police station, asking him to either withdraw his two cases or resign.

This has placed immense pressure on the victim, who is asking for protection from relevant authorities.  Even though he is faced with threats against his life, the victim is determined to seek justice and accountability from his perpetrators.  He has refused to follow the warnings of the perpetrators and declined to accept the letter from the legal department.

There is fear that the death threats will escalate as the date of his trial hearing gets nearer.  The date of the trial has been set for 5 March and therefore, prompt protection must be offered to the victim.

BACKGROUND INFORMATION:

On 23 November 2002, Khadka Singh Gurung, the Deputy Superintendent of Police (DSP) and chief of the office, ordered Bagale to go to the Tribhuwan International Airport to fetch some gold sent by his relatives in Brunei. However, Bagale politely refused to do so saying that it was not his duty to run errands for his supervisor.

On November 28, the DSP Gurung ordered Bagale to go to the Kathmandu District Police Office, Hanumandhoka (KDPO) to meet Inspector Yagnya Binod Pokharel. When he entered Inspector Pokharel’s office, Inspector Pokharel closed the door and assaulted him with a bamboo stick for an hour without saying a word. At that time, Bagale was wearing his police uniform. After the attack, Inspector Pokharel demanded the victim confess where he had hidden DSP Gurung’s gold. Even though the victim insisted he was innocent, the inspector did not listen to him and said that DSP Gurung had only informed Bagale about the gold. The victim was then illegally put under the custody of the KDPO. No arrest warrant was produced on Bagale. Inspector Pokharel then called to Sub-inspector Ram Kumar Thapa of the Telephone Section of the victim’s office and ordered him to bring the victim’s civilian clothing.

On November 29, Bagale was handcuffed and taken into the office of Kuber Singh Rana, Superintendent of Police (SP) of the KDPO. SP Rana and Inspector Pokharel then severely beat the victim with cane sticks. They then ordered the victim to roll a heavy cement log onto both his thighs. Bagale fainted many times while being tortured. At around 1:00am, they took the victim to the investigation room where he was blindfolded and tortured again by another police officer, Inspector Ganga Panta for about 15 minutes. At 1:30am, the police, led by Inspector Panta, forced Bagale to show them where he lived, they then searched his house and surrounding land but they could not find anything. Meanwhile, some police officers approached and threatened Bagale’s family saying that if any family members told anybody about the torture then they would face the same fate as the victim. After that, they brought the victim back to the police station. The victim was not given any food and water following his arrest on November 28. After starving for almost two days, he was given some food on November 30 from the other detainees who shared the cell with him.

On December 2, the police took the victim to the Investigation Branch of the KDPO and ordered him to sign a document which he was not given a chance to read. When he refused to sign, the police laid him down on the floor and started beating him on both of his soles. They continued to torture him in this way. When Bagale still refused to sign the document, he was taken to Inspector Pokharel who brutally assaulted him. The torture was continued by Inspector Pokharel on December 3 and 4.

On December 5, Bagale was handcuffed and taken to the Legal Section of the Police Head Quarters, Naksal but they refused to keep him. The police then took him to the Quarter Guard, Armed Police Battalion No. 1, at Naksal where they also refused to keep the victim. The police then brought the victim to his own office in Maharajganj and ordered him not to go outside the station. Meanwhile, Bagale’s wife Binda Kumari Bagale filed a habeas corpus petition in the Appellate Court on behalf of her husband on December 3. On December 4, the court ordered the police officers to present the victim within 24 hours to the court. However the next day, DSP Gurung stated to the court that the victim was not detained because he had not committed any crime and was currently working in the office. Similarly, SP Rana of the KDPO also told the court on December 5 that no complaint had been filed, by his superiors, on Bagale and therefore he was not detained by them.

After being finally released from custody, Bagale filed his case for compensation against his perpetrators in the Kathmandu District Court on 31 December 2002 (Registered case number: 455). The District Court ruled on 13 July 2004 in the perpetrator’s favour and therefore, Bagale appealed against the decision and registered his case before the Patan Appellate Court on 6 December 2004.

The victim also lodged an injunction before the Patan Appellate Court on 24 February 2003 demanding directive, prohibitory orders against the perpetrators.  The court’s decision went in favour of the defendants.  The court said that it was still a matter of investigation from within the police organisation whether a junior personnel was obliged to follow his senior’s command it if was for personal purpose.  However, the court did not order an investigation into the incident to find out. The victim subsequently, appealed to the Supreme Court to challenge the appellate court’s decision.  The appeal was lodged on 2 August 2004.  The trial date has been set for 5 March 2006.

During the victim’s legal proceedings, he received the first out of the two letters, (Ref. Pra/11//(059-60) Cha. No. 383), from his superiors on behalf of the Legal Section of the Nepal Police on 5 February 2003. He was detained for three days in the Quarter Guard Room of Armed Police Battalion no. 1, Naksal.  The Inspector General of Police (IGP) asked the victim to reply, within 24 hours, in writing why he should not be terminated from his job.  What is interesting, is that this runs in direct contradiction with what DSP Gurung told the district court which was that Bagale had not committed any act contrary to the Police Act or Police Regulations therefore, he had not been detained by his superiors. However, what the IGP has asked suggests that the police do believe that Bagale has done something wrong to sanction detention in custody.

SUGGESTED ACTION:
Please write to the relevant authorities listed below to ensure that proper and immediate protection is provided to Bagale especially with the date of the Supreme Court hearing getting nearer. There is a fear that the threats and intimidation will increase in order to force Bagale to withdraw his complaint.  Although legal action is taking place against his perpetrators, disciplinary action must be taken by the Inspector General of Police, to instigate a prompt and impartial investigation into the actions of Bagale’s superiors and to make them accountable for their actions.  Finally, the Convention Against Torture must be implemented in Nepal, notably by the enactment of the law criminalising torture, so that the perpetrators can be successfully prosecuted under national and international law

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

SAMPLE LETTER

Dear ________________,

NEPAL: Torture victim faces continuous death threats due to his complaints to the courts

Name of the victim: Hom Bahadur Bagale, aged 41, Sub-inspector attached to the Central Police Band Gulma (Battalion), Maharajganj, Kathmandu, Nepal, married with three children
Address of the victim: Ward No. 3, Sibar Village Development Committee (VDC), Lamjung District, Nepal (permanent address); currently resides at Ward no. 9, Manamaiju VDC, Kathmandu District 
Alleged perpetrators: 
1. Khadka Singh Gurung, the Deputy Superintendent of Police (DSP) of the Central Police Band Office (CPBO), Maharajganj, Kathmandu
2. Kuber Singh Rana, Superintendent of Police (SI) attached to Kathmandu District Police Office, Hanumandhoka (KDPO)
3. Yagnya Binod Pokharel, Inspector of the KDPO
4. Ganga Panta, Inspector of the KDPO

I am writing to voice my deep concern regarding the case of Hom Bahadur Bagale, a police officer, who is the victim of severe torture committed by his superiors.  He is currently waiting for the trial of two cases he has filed against his perpetrators, however, what is worrying is that since his complaint in 2002 he has received constant threats on his life warning him to withdraw his complaints and demanding that he resign from his job as a police officer. 

The victim was brutally tortured during the end of November to the beginning of December 2002, after he refused to run an errand for his superior, believing it was beyond his scope of duty as a police officer.  The forms of torture committed by the above listed perpetrators included acts of beating the soles of his feet continuously, attacking him with bamboo and cane sticks on different parts of his body, rolling a heavy cement log over his thighs and detaining him for days without any food. 

When the victim was finally released from custody without having been charged with any crime, he filed a torture compensation case against his perpetrators, demanding Rs. 100,000 and departmental action on 31 December 2002.  The victim also filed an injunction against his superiors before the Patan Appellate court on 24 February 2003. 

As a result of the victim’s legal actions against his perpetrators, he has received countless threats to his life over the years and has been presented with two letters from the Legal Section of the Nepal police; one in February 2003 and the other in February 2006.  Both letters demand that the victim either withdraws his complaints against the alleged perpetrators or resign from his post as a police officer. 

On 20 February 2006, Bagale requested protection from a local human rights organisation because he feels his life is in serious danger since the threats from his perpetrators have escalated.  On February 18 at around 6:30 pm, a group of around six men in civilian clothing came to his house and asked his wife where he was.  The wife told the men that Bagale had gone to see his sons at their school in Sage, 25 kilometers from Kathmandu.  When the victim was informed about the visit from the men he feared for his life and thus did not return home. 

Even though the victim is faced with such strong opposition to his pending cases in the Appellate Court and Supreme Court, he is adamant that justice and accountability must be served upon his perpetrators.  For this reason, I urge you to ensure that adequate and prompt protection is offered to Bagale and his family so that they are protected from the threats and intimidation that could obstruct the course of justice.  Even though legal action has been taken, I ask that the Inspector General of Police conducts an investigation into the acts of the victim’s superiors.  If they are found guilty, then disciplinary action must take place.  Finally, the Convention Against Torture has to be fully implemented by the Nepalese authorities so that the guilty parties can be successfully prosecuted under national and international law.

Yours sincerely, 
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PLEASE SEND LETTERS TO:

1. Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: +977 1 5524 366 or 5523 200
Fax: +977 1 5523 991 or 5523 986
Email: hrinfounit@undp.org 

2. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg 
Kathmandu 
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955

3. Laxmi Bahadur Nirala 
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu 
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np 

4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975 
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np 

5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org 

6. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-076-2006
Countries : Nepal,
Issues : Administration of justice,