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NEPAL: Five minors and two adults severely tortured by the police after their illegal arrest and detention

April 12, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

13 April 2007
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UA-126-2007: NEPAL: Five minors and two adults severely tortured by the police after their illegal arrest and detention

NEPAL: Arbitrary arrest and detention; torture; fabrication of charges; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its partner Advocacy Forum in Nepal that seven persons, including five minors, were arbitrarily arrested without warrant, and tortured by police personnel in Banke district during detention. They were all arrested with the accusation of a small shop theft at the time of arrest but the police inconsistently accused all of them with another charge and then tortured them to admit it. The manner of police torture is brutal in particular case. The seven persons are charged with robbery, and they are now detained in District Jail of Banke district.

CASE DETAILS:

Around 8-12 police personnel of the Area Police Station, Kohalpur of Banke district arrested seven persons, including 5 minors and 2 adults, on the charge of being involved in a small shop theft. Six of them were arrested on 11 March 2007 from their home at Naubasta Village Development Committee (VDC)- 8 of Banke district whereas one civilian was arrested from Bankatatwa VDC-4 on March 10 on the same charge. They are Khim Bahadur Bathamagar, aged 15,?Lil Bahadur Oli, aged 16, Man Bahadur Sahani, aged 16, Ratna Bahadur B.K., aged 16, Mohan Prasad Regmi, aged 16, Budhda Pariyar, aged 19, and Tilak Rawal, aged 26. The police did not reportedly produced any arrest warrant to all the 7 persons at the time of their arrest.?They were also beaten by the police on the way to taken to the Area Police Station, Kohalpur.

After they were taken to the Area Police Station, Kohalpur, all of them were allegedly subjected to brutal torture by the police under the command of police inspector Mr. Surya K.C. the police first accused the arrested 7 persons of being involved in the small shop theft but later they were arbitrarily charged with looting of a vehicle from Nepalgunj-Surkhet Road of Banke district, which took place one month back. The police tortured them to extract forced confession from them and it is alleged that some of them were pointed pistols and threatened to kill by the police.?All of them were even beaten whenever they went to toilet or to fetch meal.

On March 12, the 7 persons were transferred from the Area Police Station, Kohalpur to the District Police Office, Banke, after having a medical examination at Bheri Zonal Hospital. On the same day, they were brought to District Court of Banke, and charged with robbery. The Court then?remanded them for 7 days. The same district court again remanded them for 10 days to Distract Police Office, Banke district on March 18, and 2 days on April 2. All the minors reportedly detained along with other two accused adults. On April 6, the 7 persons were transferred to District Jail of Banke district at the court's order for further judicial inquiry. They are still in detention to date.

On March 13, the lawyer of the Advocacy Forum sought permission to meet the 7 arrested but the Sub-inspector Kadak Bahadur Malla refused it saying that the investigation was still on. On March 22, the lawyer finally met the 7 persons, who reported what happened to them. The Advocacy Forum is providing legal aid to all of them in their request.

The information below is based on the testimony of the victims collected by the Advocacy Forum. The AHRC mainly highlighted the manner of torture they had to endure.?

1. Khim Bahadur Bathamagar, a 15-year-old?boy living Naubasta VDC-8, Banke district, was arrested by 8-10 policemen in civilian clothes from his house on 10 March 2007, on the accusation of theft from a small shop. After taken to the Area Police Station, he was handcuffed and assaulted. The police then kept him upside down and hardly beat with wooden sticks on his feet for about 8-10 times. During this time, the police accused him of involving in the looting of a vehicle from Nepalgunj-Surkhet road, which he denied. On March 12, he was again beaten by two policemen for about half an hour, while some other policemen also kicked him with boots and assaulted him with sticks. During this time, the police pressured him to accept the allegation of the rooting.

2. Lil Bahadur Oli is a 16-year-old boy living in the Naubasta VDC-8, Banke district. He was arrested by some 10-22 policemen in civilian clothes from his house on March 11 with the same charge. On the way to the Area Police Station, he demanded details of the charge against him but the police simply replied that he would know it at the police station. Soon after arriving at the police station, the police handcuffed him and made him lie down on the floor with his feet up. Then the police hit the sole of his feet with wooden sticks for about 25-30 times. The police also beat him especially on his chest. The police changed the accusation against him and interrogated about the looting of the vehicle, which he claimed his innocence.?On the next day, he was again assaulted by 4 policemen in similar manner as in the previous day.?

3. Man Bahadur Sahani, a 16-year-old boy living in Naubasta VDC-8, was arrested by 10-12 policemen in civilian clothes from the Area Police Office, Kohalpur in Banke district from his house on March 11 with the same theft charge. He was handcuffed at the police office, kept upside down and assaulted by the police with wooden sticks in a similar manner, especially on the sole of his feet about 25-30 times.  

4. Ratna Bahadur B.K., a 16-year-old student (7th Grade) of Bageshwari Secondary School, Gabhar, Banke district and the resident of Naubasta VDC-8, was arrested by some 8-10 policemen in civilian clothes from his house on March 11 with the same theft charge. At the police station, similar to other victims, he was handcuffed, made lie down on the floor and beaten on the sole of his feet hardly with wooden sticks about 10-12 times by 5-6 policemen. The policemen also assaulted on his shoulders indiscriminately. On the next day, he was again tortured by the police who pressured him to give false confession regarding the rooting of the vehicle.

5.?Mohan Prasad Regmi, a 16-year-old boy living Naubasta VDC-8, was arrested by some 10-12 policemen in plain clothes from his house on March 11 with the same theft charge. At the Area Police Station, he was tortured by the two policemen in the same manner like Lil Bahadur Oli.?On March 12, he was again severely tortured by 3-4 policemen for nearly 5 hours. At this time, the police threatened to kill him by even putting a pistol in his mouth and forced him to accept the allegation of the rooting of the vehicle.  

6. Budhda Pariyar is a 19-year-old farmer and his permanent address is Bankatwa VDC-4, Banke district. He was arrested by some 8-10 policemen in plain clothes from his house on March 11 with same charge of the theft. On the way to the police station, he was beaten and one policeman even threatened him saying that he would be tortured with electric shock and then killed. At the police station, he was handcuffed, kept upside down on the floor and some 7 policemen hit hard on the sold of his feet with wooden sticks around 10-12 times. The policemen also severely beaten him with bamboo sticks especially on his back and palms for about half an hour. On March 12, he was taken to upstairs of the police station and again beaten with sticks and kicked with boots by the police. He complained of an excessive pain on his feet for several days during the meeting with the lawyer of the Advocacy Furm.

7. Tilak Rawal, a 26-year-old man living in Naubasta VDC-8, was arrested by a squad of 8-10 civil dressed police from his house on March 11 on the same charge of the theft. At the police station, he was tortured in the same manner as Ratna Bahadur B.K. tortured, while being pressured to admit the involvement in the looting of a vehicle from Nepalgunj-Surkhet Road of Banke district. However, he denied the accusation. On the next day, he was again brutally tortured by the police in the similar incident like the previous day.


ADDITIONAL COMMENTS:

It is important to note that arbitrary arrest and detention is clearly prohibited in?Article 9 of International Covenant on Civil and Political Rights (ICCPR), which states that 'No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.' Nepal has accessed to the treaty but fails to fitful its obligation in?this case.

Torture is also prohibited in Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Torture Compensation Act of Nepal. However, torture is widely practiced these days in police detention centers. In March, Mr. Jonson Gurung and Mr. Raju Rai were allegedly tortured by the police of Metro Police Range (MPR) of Hanumandhoka, Kathmandu during detention (UA-098-2007). In October 2006, Mr. Manoj Das was allegedly tortured by the police while he was in detention at the Janasewa Ward Police Office, Kathmandu, and he eventually died in the police custody(UA-344-2006).

SUGGESTED ACTION:
The AHRC is very concerned about the alleged illegal arrest and torture of the seven persons, including five minors. Please write to the following authorities, to urge the Nepal government to investigate the case immediately. If the allegations are proved, the perpetrators should be prosecuted accordingly. The victims should also be provided with medical care and legal services. The AHRC also urges you to express your concern regarding the widespread practice of torture in police detention centers in the country. The AHRC has reported this case to UN Special Rapporteur on Question of Torture and UN Working Group on arbitrary detention for their intervention.

To support this appeal, please click:?


Sample letter:

Dear ___________,

NEPAL: Five minors and two adults severely tortured by the police after their illegal arrest and detention

Name of victims of illegal arrest and torture:
1. Khim Bahadur Bathamagar (15)
2. Lil Bahadur Oli (16)
3. Man Bahadur Sahani (16)
4. Ratna Bahadur B.K. (16)
5. Mohan Prasad Regmi (16)
6. Budhda Pariyar (19)
7. Tilak Rawal (26)
Alleged perpetrators: Police personnel of the Area Police Station, Kohalpur of Banke district
Date of incident: 10-11 March 2007
Place of incident: Area Police Station, Kohalpur of Banke district
Place where the victims are currently detained: Banke District Jail

I am writing to express my concerns about the illegal arrest and torture of seven persons in Banke district, in which five of them are minors. I have received information that?the seven persons, were arbitrarily arrested without warrant, and tortured by police personnel in Banke district during detention. The seven persons are charged with robbery, and they are now detained in Banke District Jail.

According to the information I have received, around 8-12 police personnel of the Area Police Station, Kohalpur of Banke district arrested seven persons, including 5 minors and 2 adults, on the charge of being involved in a small shop theft. Six of them were arrested on 11 March 2007 from their home at Naubasta Village Development Committee (VDC)- 8 of Banke district whereas one civilian was arrested from Bankatatwa VDC-4 on March 10 on the same charge. They are Khim Bahadur Bathamagar, aged 15,?Lil Bahadur Oli, aged 16, Man Bahadur Sahani, aged 16, Ratna Bahadur B.K., aged 16, Mohan Prasad Regmi, aged 16, Budhda Pariyar, aged 19, and Tilak Rawal, aged 26. The police did not reportedly produced any arrest warrant to all the 7 persons at the time of their arrest.?They were also beaten by the police on the way to taken to the Area Police Station, Kohalpur.

I am informed that after they were taken to the Area Police Station, Kohalpur, all of them were allegedly subjected to brutal torture by the police under the command of police inspector Mr. Surya K.C. The police first accused the arrested 7 persons of being involved in the small shop theft but later they were arbitrarily charged with looting of a vehicle from Nepalgunj-Surkhet Road of Banke district, which took place one month back. The police tortured them to extract forced confession from them and it is alleged that some of them were pointed pistols and threatened to kill by the police.?All of them were even beaten whenever they went to toilet or to fetch meal.

I am also informed that on March 12, the 7 persons were transferred from the Area Police Station, Kohalpur to the District Police Office, Banke, after having a medical examination at Bheri Zonal Hospital. On the same day, they were brought to District Court of Banke, and charged with robbery. The Court then?remanded them for 7 days. The same district court again remanded them for 10 days to Distract Police Office, Banke district on March 18, and 2 days on April 2. All the minors reportedly detained along with other two accused adults. On April 6, they all were transferred to Banke District Jail at the court's order for further judicial inquiry. They are detained in Banke District Jail to date.

Arbitrary arrest and detention is clearly prohibited in?Article 9 of International Covenant on Civil and Political Rights (ICCPR), which states that 'No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.' Nepal has accessed to the treaty but fails to fitful its obligation in?this case.

Torture is also prohibited in Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Torture Compensation Act of Nepal. However, torture is widely practiced these days in police detention centers in Nepal. I learn that in March 2007, Mr. Jonson Gurung and Mr. Raju Rai were allegedly tortured by the police of Metro Police Range (MPR) of Hanumandhoka, Kathmandu during detention. In October 2006, Mr. Manoj Das was allegedly tortured by the police while he was in detention at the Janasewa Ward Police Office, Kathmandu, and he eventually died in the police custody.

I am very concerned about the alleged illegal arrest and torture of the seven persons, including five minors. I therefore urge you to immediately inquire about this arbitrary arrest/detention and torture case, and take strong action to bring the responsible police officers before court. I also request you to provide medical assistance to the victims immediately. Please also inquire about the alleged false implication of the victims into a robbery case. If there is no sufficient evidence against the victims, they should be released immediately and their names should be cleaned.  

I also urges the Government of Nepal to stop the widespread practice of torture in police detention centers in the country, so as to fitful its obligation under different international treaties.

I look forward to your prompt and effective response to this case.

Yours sincerely,


----------------------


PLEASE SEND YOUR LETTERS TO:

1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np 

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

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. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np

Thank you.

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



Document Type :
Urgent Appeal Case
Document ID :
UA-126-2007
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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.