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NEPAL: Two civilians subjected to torture while in detention, access to family denied

March 27, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

27 March 2007
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UA-098-2007: NEPAL: Two civilians subjected to torture while in detention, access to family denied

NEPAL: Arbitrary arrest and detention; torture; easy access to family denied; no rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the alleged torture and illegal detention of two civilians namely Mr. Jonson Gurung and Mr. Raju Rai by the police of Metro Police Range (MPR) of Hanumandhoka, Kathmandu. According to the information received, both of them were subjected to torture by the investigating police officers of the Metro Police Range (MPR), Hanumandhoka on the charge of theft. Mr. Jonson Gurung was allegedly arrested by Traffic Police of Kathmandu on the suspicion of stealing a motorcycle but later handed over to Metro Police Sector of Singhadarbar on 7 March, 2007 as he was suspect of being involved in stealing gold. On March 8, he was taken to Metro Police Range of Hanumandhoka and beaten by police officers in order to force him to confess to the theft. Similarly, on 8 March, Mr. Raju Rai was arrested by the police from Metro Police Range of Hanumandhoka, Kathmandu on the charge of being involved in theft along with Mr. Jonson Gurung and beaten. Currently, they are detained in Metro Police Circle, Kalimati of Kathmandu and access to their family members is denied.


CASE DETAILS:

According to the information received, Mr. Jonson Gurung (19), a resident of Nayabaneshwor, Kathmandu district, was allegedly arrested on 7 March 2007 by some 12-13 traffic police personnel in civilian clothes from Basundhara, Kathmandu on the suspicion of being involved in stealing motorcycles. At about 2:00 pm, the traffic police from Traffic Police Office of Putalisadak, Kathmandu arrived at Basundhara of Kathmandu district in search of stolen motorcycles while he was playing video games.

After the arrest, he was taken to Traffic Police Office, Putalisadak for the further investigation. When he was just brought to the premises of Traffic Police Office, a stranger pointed out that he had involved in stealing gold two years earlier. Then, the traffic police handed him over to the Metro Police Sector (MPS) of Singhadarbar, Kathmandu stating that he was found involved in stealing gold. On March 8, he was transferred to Metro Police Range (MPR), Hanumandhoka, Kathmandu, for the further investigation.

In Metro Police Range, Hanumandhoka, some 2-3 investigating police officers of Interrogation Section first beat him with sticks and boots. Then again they beat him time and again with the boots and sticks and interrogated until he confessed his involvement in stealing gold. As he was threatened and tortured severely, he accepted his involvement in stealing gold. He said he was involved in a group with five of his friends but he was not involved directly.

Similarly, Mr. Raju Rai known as Rajan (21) permanent resident of Devisthan VDC-4 of Khotang district, was arrested from his rented room at Teku Kathmandu on 8 March 2007 by four civilian dressed security personnel of Metro Police Range of Hanumandhoka, Kathmandu on the charge of theft. He was accused of stealing gold according to the statement of Mr. Jonson Gurung who had been arrested on the previous day. After the arrest, he was taken to Metro Police Service, Hanumandhoka for the further investigation. On the second day, on March 9, a police officer in MPR Hanumandhoka tied his hands on the back, blindfolded and then beat him with boots and sticks on his head, legs and other parts of his body for some time. The police officer indiscriminately beat him until he accepted his involvement in stealing the gold. The police officer was beating him saying, 'don't you say yes! Don't try to speak lie!'

Both the victims were illegally detained until 16 March 2007. With the continuous efforts of local human rights NGO Advocacy Forum Nepal, they were remanded to the court only on March 16. 

On 16 March, 2007, the Metro Police Range (MPR), Hanumandhoka, Kathmandu transferred both of them to Metro Police Circle at Kalimati, Kathmandu.

Now, they are detained at Metro Police Circle, Kalimati but access to family members has been denied. The family members only could see them and hardly talk with them from around 10-15 meters far in the presence of police.


SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to conduct investigation into the alleged torture, arbitrary arrest and illegal detention. The AHRC also urges you to express your concern over the continuing use of torture, arbitrary arrest and illegal detention in police detention centres.

To support this appeal, please click here:


Sample letter:

Dear __________,

NEPAL: Two civilians subjected to torture while in detention, access to family denied

Name of victims:
1. Mr. Jonson Gurung, 19 year-old, permanent resident at Nayabaneshwor, Kathmandu district
2. Mr. Raju Rai known as Rajan, 21 year-old, permanent resident at Devisthan VDC-4 of Khotang district
Alleged perpetrators:
1. Some police officers attached to the Metro Police Range (MPR), Hanumandhoka, Kathmandu district
2. Some police officers of Metro Police Circle of Kalimati, Kathmandu district
Date of incident: 8 March 2007 to the present
Place of incident: Metro Police Range (MPR), Hanumandhoka, Kathmandu district and Metro Police Circle, Kalimati, Kathmandu

I am writing to you to express my grave concern over the alleged arbitrary arrest, torture and denial of access to family members of two victims- Mr. Jonson Gurung and Mr. Raju Rai- by the police personnel of Metro Police Range (MPR), Hanumandhoka, Kathmandu district, and Metro Police Circle, Kalimati, Kathmandu district.

According to the information received, the torture victim Mr. Jonson Gurung was allegedly arrested on 7 March, 2007 by some 12-13 civil dressed traffic police personnel from Basundhara, Kathmandu on the suspect to being involved in stealing motorcycles. After the arrest, he was taken to Traffic Police Office of Putalisadak, Kathmandu however he was transferred to the Metro Police Sector (MPS) of Singhadarbar, Kathmandu stating that he was found involved in stealing gold according to a stranger who encountered Mr. Gurung in the premises of the Traffic Police Office, Putalisadak. In MPS, Singhadarbar he was misbehaved by the police, and on the second day, on 8th March, he was transferred to Metro Police Range (MPR), Hanumandhoka, Kathmandu, for the further investigation.

In Metro Police Range, Hanumandhoka, some 2-3 investigating police officers of Interrogation Section beat him with sticks and boots for about 2-3 minutes. Then, they beat and threatened him time and again with the boots and sticks and interrogated until he confessed his involvement in stealing gold.

Similarly, another torture victim Mr. Raju Rai was arrested from his rented room at Teku Kathmandu on 8 March, 2007 by four civil dressed security personnel of Metro Police Range of Hanumandhoka, Kathmandu on the charge of theft. He was accused of stealing gold according to the statement given by Mr. Jonson Gurung who had been arrested on the previous day. After the arrest, he was taken to Metro Police Service, Hanumandhoka for the further investigation. On the second day, on 9 March, a police officer in MPR Hanumandhoka tied his hands on the back, blindfolded and then beat him with boots and sticks on his head, legs and other parts of his body for some 6-7 minutes. The police officer indiscriminately beat him until he accepted his involvement in stealing the gold. The police officer was beating him saying, 'don’t you say yes! Don't try to speak lie!'

Both the victims were illegally detained until 16 March 2007. They were only remanded in the court only on 16 March, 2007 after the continuous efforts of local human rights NGO Advocacy Forum Nepal.
 
On 16 March, 2007, the Metro Police Range (MPR), Hanumandhoka, Kathmandu transferred both of them to Metro Police Circle at Kalimati, Kathmandu for the further investigation.

Now, they are detained at Metro Police Circle, Kalimati but the easy access to family members denied. The family members only could see them and hardly talk with them from around 10-15 meters far in the presence of police. They further said that they do not make access to family members for those who have been in investigation under the charge of theft.
 
To the best of my knowledge, arbitrary arrest and detention of citizens is clearly prohibited under article 9 of the International Covenant on Civil and Political Rights (ICCPR). Also, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) strictly demands the prohibition of torture at any level of state practices and the fulfilment of the state obligation to take effective legislative, administrative, judicial or other measures to prevent brutal acts of torture.

The Nepali government is a party to the ICCPR and CAT. I therefore strongly urge your actions in ensuring the immediate investigation into the case of arbitrary arrest and torture of the victim. I also urge you to take all necessary actions in providing effective methods to eliminate practice of arbitrary arrest and torture, and to ensure the easy family access to meet the victims.

I look forward to your prompt and effective response in this matter.
 
Yours sincerely, 

 

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np 

2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com 

3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: 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
Email: info@nepalpolice.gov.np  

5. Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Email: hrcell@nepalpolice.gov.np 

6. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 9179016 ((ATTENTION: SPECIAL RAPPORTEUR TORTURE)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-098-2007
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.