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NEPAL: Two alleged brutal torture cases committed by Banke district police

June 4, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

5 June 2007
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UA-179-2007: NEPAL: Two alleged brutal torture cases committed by Banke district police

NEPAL: Torture; arbitrary arrest and detention; denial of medical check-up; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner, the Advocacy Forum, regarding two alleged brutal torture cases taken place in Banke district in May 2007. In one case, 8 young persons, including 6 minors, were arbitrarily arrested on 4 May 2007 and further brutally tortured by the officers of the Banke district police office. In another case, one man arrested with the charge of drug smuggling on 6 May 2007 was severely tortured by the officers of the Jamunaha Police Post, Nepalgunj, Banke district. In both cases, the victims' right to receive medical check-up was denied during their prolong detention. We believe that the denial of the medical check-up and the prolong detention of the victims intend to destroy the physical evidence of torture of the victims. No serious action has yet been taken by the local authorities to investigate the alleged two torture cases and arrest the perpetrators.   

CASE DETAILS:

Eight young persons, 6 minors and 2 adults, were arrested by some 7-8 armed police personnel of District Police Office (DPO), Banke district from Piprahawa Chowk, Ganapur Village Development Committee (VDC), Banke district, Nepal at around 9:30pm on 4 May 2007. They are Madan Chaudhari (17), Surya Chaudhary (18), Aman Chaudhary (15), Shyam Lal Chaudhary (17), Deshu Lal Chaudhary (17), Mewa La Chaudhary (17), Jeevan Chaudhary (18), Maya Ram Chaudhary (18). It should be noted that a person below the age of 16 is the minor according to the Nepali domestic law, while the international law defines the minor as a person aged below 18. The AHRC followed the international definition of the minor in this case. 

All the victims were arrested with charges of robbery, while waiting for the public vehicle for returning home after they had attended Pooja [a religious ceremony] at their friend's home at Kohalpur VDC, Banke district. 

According to the victims, patrolling security personnel in two police vans stopped at Piprahawa Chowk, Ganapur VDC at about 9:30pm, while they were waiting for the public vehicles. Some 7-8 police personnel then got off the vans and ordered the 8 victims to stand beside the road. The policemen then randomly accused that the victims were trying to steal something in the area. Although they explained that they were returning home after attending the religious ceremony at their friend's home, the police did not listen to them.

After that, the armed policemen began to beat all the victims. They indiscriminately assaulted the victims with bamboo stick, butt of the guns and torches and also kicked them with their police boots for about one hour and pressured them to accept the baseless allegation against them. One victim Mewalal Chaudhary said, "They beat us on the back, things, head and some other parts of body with a bamboo stick, boots, torch, and butt of the guns for about an hour. They even verbally abused all of us when we denied the allegation. After beating all of us around an hour, they tied our hands on the back with our own shirt and handkerchief and then loaded in to the police van."
 
All the victims were then taken to the Bheri Zonal Hospital in Nepalgunj, Banke district for the medical check-up. However, the victims complain that they have not received any medical attention. At about 1:00am on the following day, the victims were then taken to the DPO, Banke district.

As soon as they were brought to the DPO, Banke district, some policemen proceeded to interrogate all the victims. During the interrogation, they were again beaten with a stick 2-3 times. On the morning of May 5, some of the victims were again interrogated by the police. The police then allegedly forced them to dig a big pond within the DPO premises. They were compelled to work for digging the pond during the 5 day period of their detention at the DPO, Banke.

All the eight victims were produced to the Banke District Court on 6 May 6 2007 on the charge of rubbery. The Court remanded them for 10 days and again remanded for more days with the same charge on May 11. However, we were informed that at the time of remand the judges did not ask the victims whether they had been tortured in police custody. The victims also could not complain to the courts about their torture as the police were presenting in court.

Due to severe assault by the police, one victim Jiwan Chaudhari developed severe pain in his one ear. However, when he was examined by the doctor at Bheri Zonal Hospital, Banke district, the doctor simply said that his ear drum was swollen due to a flue, although Jiwan Chaudhari did not have any flue.

On 11 May 2007, the Advocacy Forum filed application, on behalf of Mewalal, Jiwan Chaudhari and Mayaram Chaudhari, for medical check-up before the Banke District Court, after receiving their complaint of having pain when the Advocacy Forum staff met them at DPO, Bake on 10 May 2007. The judge then issued an order for their medical check-up on the same day. However, they were only brought by the police to Bheri Zonal Hospital, Banke district for the medical check-up on 14 May 2007.

The seven victims except Aman Chaudhary were released on bail on the bail amount of rupees 5000 each on 23 May 2007. Aman Chaudhary was later released on the same day in the condition to report to the DPO, Banke district after a week.

The AHRC is deeply concerned by this serious case that all the victims including 6 minors had been arbitrarily arrested without any particular charges or complaint lodged against them and further subjected to severe torture.

In another case, Mr. Bablu Rai alias Sojhe, a 34 year-old man residing in Nepalgunj Metropolitan City-15, was arrested by a policeman named Dilip of the Nepalgunj Custom Office, Nepalgunj, Banke district at around 7:00pm on 6 May 2007. At the time of arrest, the victim was returning Nepalgunj from Rupediha of India, where he went for his personal work.  It is reported that the victim took drugs at that time. Mr. Bablu was arrested on the charge of drug smuggling, which he denies it. 

Immediately after the arrest, Mr. Bablu was handed over to the Jamunaha Police Post, Nepalgunj, Banke district, where he was subjected to severe torture. According to him, some 6-7 police personnel allegedly made him to lie down on the floor and brutally tortured him. They hit hard on soles of his feet with a plastic pipe and stick and indiscriminately assaulted him all over his body for about 2 hours during the interrogation. He still has some visible bruises and cuts on his body.

After being tortured, Mr. Bablu was transferred to DPO, Banke district, at about midnight for the further investigation. He was remanded there for 5 days until 6 May 2007 and his remand at the DPO was extended for another 30 days on 10 May 2007. The Banke district police authority said that Mr. Bablu had been taken to the Bheri Zonal Hospital, Banke district on 6 May 2007 for medical check-up. However the victim claims that he did not receive any medical attention at that time.

One lawyer of the Advocacy Forum finally met the victim on 22 May 2007, after failing to interview him several times due to alleged obstacles made by the police authority. After interviewing him, Advocacy Forum filed a complaint on behalf of Mr. Bablu to the Banke District Court for his medical check-up on the same day. However, the district court endorsed the application stating that the complaint only can be registered in the next period of remand after his 30 day remand is completed. The Advocacy Forum then appealed to the Appellate Court, Nepalgunj against the district court decision. However the Appellate Court dismissed the appeal based on the ground that the complaint had not been registered to the district court.  Mr. Bablu is still detained at DPO, Bake district to date.  

The AHRC appeals that no one, even the criminals, should be subjected to torture in any circumstance. This is also against the Nepal's obligation under the Convention against Torture (CAT) to which it is a state party. The investigating authority should not take torture as a method of the investigation against a suspect. If there is sufficient evidence to prove Mr. Bablu's guilty act, he should be prosecuted and punished in due process.

The AHRC are also concerned that in both cases no medical check-up has been given to the victims in earlier stage after torture. We believe that the denial of the medical check-up and the prolong detention of the victims in the DPO intend to wait until the physical evidence of torture are faded away from the bodies of the victims. One of the main purposes of medical check-up of the detainees is to prevent the act of torture or ill-treatment of the detainees by the detaining authorities. However, Banke district police violated this important procedure to escape from the legal responsibility for their crimes.  

No serious action has yet been taken by the local authorities to investigate the alleged two torture cases and arrest the perpetrators.   

SUGGESTED ACTION:
Please write to the relevant Nepali authorities and express your serious concern about these two cases. Please urge them to immediately launch an impartial investigation into the cases and bring the perpetrators to justice as soon as possible. The AHRC has already informed these two cases to Prof. Manfred Nowak, the UN Special Rapporteur on Torture and asked for his urgent intervention into these cases.  

To support this appeal, please click here:

Sample letter:

Dear _________,

NEPAL: Two alleged brutal torture cases committed by Banke district police

CASE 1:
Name of victims:
1) Madan Chaudhari, aged 17, 2) Surya Chaudhary, aged 18, 3) Aman Chaudhary, aged 15, 4) Shyam Lal Chaudhary, aged 17, 5) Deshu Lal Chaudhary, aged 17, 6) Mewa Lal Chaudhary, aged 17, 7) Jeevan Chaudhary, aged 18, 8) Maya Ram Chaudhary, aged 18
(Victims from no. 1 to 7 are residents of Kohalpur Village Development Committee (VDC)-5, Banke district and victim no. 8 is the resident of Kohalpur VDC- 4, Banke district)
Alleged perpetrators: Some officers attached to District Police Office, Banke district
Period of arbitrary detention and torture: from 4 to 23 May 2007
Place of arbitrary detention: District Police Office, Banke district

CASE 2:
Name of victim: Mr. Bablu Rai alias Sojhe, aged 34, the resident of Nepalgunj Metropolitan City-15, Banke district, Nepal
Alleged perpetrators:
1. Officers attached to the Jamunaha Police Post, Nepalgunj, Banke district
2. Officers of the District Police Office, Banke district
Date of arrest: 6 May 2007
Currently remanded at: DPO, Bake district

I am deeply concerned by the two alleged brutal torture cases committed by the Banke district police in May 2007. I am informed that no serious action has yet been taken by the local authorities to investigate the alleged two torture cases and arrest the perpetrators.  I am also informed that the Asian Human Rights Commission (AHRC) based in Hong Kong, has already reported these cases to the UN Special Rapporteur on torture and ill-treatment for his intervention.  

According to the information I have received, in one case, 8 young persons, 6 minors and 2 adults, were arrested by some 7-8 armed and police personnel of District Police Office (DPO), Banke district from Piprahawa Chowk, Ganapur Village Development Committee (VDC), Banke district, Nepal on 4 May 2007. The policemen randomly accused that the victims were trying to steal something in the area, despite the fact there was neither any specific complaint nor evidence against them. The victims were in fact returning home after attending the religious ceremony at their friend's home at the time of arrest. All the victims were indiscriminately assaulted by the policemen with bamboo stick, butt of the guns and torches for an hour at the process of arrest.

All the 8 victims were then taken to the Bheri Zonal Hospital in Nepalgunj, Banke district for the medical check-up. However, the victims claim that they did not receive any medical check-up. They were then taken to the DPO, Banke district, where they were again subjected to brutal torture during the interrogation. All the eight victims were produced to the Banke District Court on 6 May 6 2007 on the charge of rubbery. The Court remanded the victims for 10 days and again remanded for more days with the same charge on May 11. However, I am informed that when the victims were brought before the court, the judges did not ask the victims whether they had been tortured in police custody.

The victims were brought to Bheri Zonal Hospital, Banke district for the medical check-up only on 14 May 2007, only after the intervention of one local human rights group. All the eight victims were released on bail on 23 May 2007. 

I am informed that in another case, Mr. Bablu Rai alias Sojhe (34) was severely tortured by the Jamunaha Police Post, Nepalgunj, Banke district for 2 hours, after being arrested by the policemen of the Nepalgunj Custom Office, Nepalgunj, Banke on 6 May 2007 with the charge of drug smuggling. It is reported that the victim took drugs at that time but the victim denies the charges made by the police.

The victim was later transferred to DPO, Banke district for the further investigation. He was remanded there for 5 days until 6 May 2007 and his was again remand at the DPO for another 30 days on 10 May 2007. The Banke district police authority said that Mr. Bablu was taken to the Bheri Zonal Hospital, Banke district on 6 May 2007 for medical check-up. However the victim claims that he did not receive any medical attention. Mr. Bablu is still detained at DPO, Bake district to date.  

I want to draw your attention that the Government of Nepal has obligation to protect its citizens from torture under the Convention against Torture (CAT) to which it is a state party. However, I am concerned that torture has been commonly used as a method of the investigation in police stations in the country. I believe that no one, even the criminals, shall be subjected to torture in any circumstance and if a person commits a crime, he should be prosecuted and punished in due process.

I am also concerned that in both cases no medical check-up has been given to the victims in earlier stage after torture. One of the main purposes of medical check-up of the detainees is to prevent the act of torture or ill-treatment of the detainees by the detaining authorities. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment specifically mentions, 'A proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary (Principle 24)'. Banke district police violated this important procedure and allegedly attempted to ta Mr. Bablu Rai per this procedure. I have an opinion that such action by the police might intend to destroy the physical evidence of torture on their bodies in order to escape legal responsibility for their crimes.  

In light of above, I strongly urge you to order an immediate, impartial and proper investigation into the alleged two torture cases. The responsible police officers should be arrested and brought before court as soon as possible. I also request you to ensure that Mr. Bablu Rai can receive the medical check-up as soon as possible. The victims should also be adequately compensated.

I also request you to take all measures in your official capacity to ensure that the Government of Nepal adopts a legislation criminalizing torture and amends the Torture Compensation Act in line with international laws and standards. I ask you to recommend the Government of Nepal to create independent, competent bodies for investigating all allegations of arbitrary arrest, detention, torture and other custodial crimes. Relevant domestic law provisions should be amended (or created) to ensure that punishments for acts of torture are commensurate with the gravity of the offence and in line with international standards.  

I look for your urgent intervention into this matter.


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np  

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

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

4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

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-179-2007
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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.