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Nepal: Case of Torture by the military

June 12, 2003

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

12 June 2003

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UA-18-2003: Case of Torture by the military in NEPAL

NEPAL: Need for Impartial Investigation, medical treatment and safety to the victims

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Dear Friends

AHRC is informed of a severe case of torture by the military in Nepal. Besides, recently many other torture cases are reported from Nepal. Your urgent action is required and we firmly believe that all efforts should be made urgently for impartial investigation of the allegations, medical treatment, and safety to the victims, the family members, witness and the lawyers.

Thank you.

 

Urgent Appeals Desk

Asian Human Rights Commission

 

Explanation of Torture Case:

Nau Bahadur Tamang (21-year-old, male worker) was arrested by soldiers on July 24, 2002. At Srijung Army Barrack in Jiri, Dolkha District, Tamang was severely tortured by means of beating, kicking, whipping with belts and even electric torture. He fainted several times while he was tortured. After two-months of detention in Jiri Army Barrack, he was sent to several army barracks and police offices where he got tortured seriously and continuously. He was blindfolded for the first 3 months during the detention period.

On January 10, he was charged under TADA (Terrorist and Destructive Activities Prevention and Punishment)) at the Appellate Court in Kathmandu. When Advocacy Forum lawyers visited Tamang, he complained of diminished vision, disorientation of time, diminished memory, chest, rib, and other body pains, nightmares, and a lack of interest to live. Despite the order of the court, police refused to provide medical assistance to Tamang, claiming they did not have funds. The Forum has however been able to provide medical service to him since February 26, 2003.

On May 28, 2003, the Forum filed the case for compensation under the Torture Compensation Act to the District Court of Lalitpur. This is the first case in Nepal charging army personnel for a case of torture compensation. The victim, Nau Bahadur Tamang, is in Nakhu Prison, Lalitpur District. Advocacy Forum has been providing legal aid for his case. As there have been many incidents where the army forced victims to retract information and threatened their lives, we fear for the safety of Mr. Ram Bahadur Tamang, father of Nau Bahadur Tamang, and the two witnesses of the case, Mr. Tenjing Sherpa and Mrs. Dolma Tamang.

 

BACKGROUND INFORMATION:

1 In Nepal, there is no specific law which defines Torture as a crime. Even in the Torture Compensation Act (TCA), the act of Torture is not defined as a crime. In the TCA, compensation may be awarded to victims of Torture, but the perpetrators of the Torture itself are not punishable because, as stated, in law, they have not committed a crime.

Additionally, Nepal has no other specific law that defines Torture as a crime. The only recourse is to the ¡®beating¡¯ section of the Civil Code in Nepal, where physical assault is defined as a crime. However, the Civil Code gives fines/punishment according to the nature of the wound, and furthermore does not make any provision for the psychological effects of Torture.

Even more important is the fact that even this 'beating' section of the Civil Code does not provide any specific provision for assault which has taken place whilst the victim is in custody, that is, with State involvement.

2 It is mandatory to maintain a medical report on a detainee at the beginning and again on their release, and a copy has to be sent to the District Court. However, this provision is hardly applied, and the Police rarely maintain such records, nor does a Judge scrutinize the records (if any). Consequently, very few lawyers use this clause in Court.

3 Torture is defined very narrowly, and torture outside custody seems to be totally exempt.

 

Other Torture Cases in Nepal, which require impartial investigation:

1. Mr Timilsina (21 years old) was arrested by three policemen from the District Police Office, Hanumandhoka on 06 May 2003, on suspicion of theft and murder. In the Interrogation Section of the District Police Office, Hanumandhoka, approximately 8 to 10 policemen forced Mr Timilsina to lie down on the floor, and then beat him continuously on his thighs and back for about half an hour. They then tied both his legs and inserted a stick between them so that he was unable to move them. The policemen then beat him indiscriminately on his thighs, legs and the soles of his feet, with bamboo sticks and plastic pipes. The policemen dragged him by his hair and stepped upon it at times.

2 Mr Kiran Tamang (16 years old) was arrested from his residence on a charge of theft, taken to the Ward Police Station, Gaushala on 10 February 2003. While Mr Tamang was in Gaushala Police Office, 4 or 5 policemen beat him severely for about an hour with a wooden stick, on the soles of his feet, his back, and the palms of his hands. He was given no food. In the District Police Office, Hanumandhoka, Mr Tamang was kept in the Interrogation Section for about 5 to 6 hours and was beaten for about 3 hours continuously and even was given electric shocks for about half an hour. Mr Tamang complained that, as a result of torture, he is suffering from anorexia, insomnia, chest pain and difficulty when moving.

3 Mr Rudra Shikarim (33 years old) had been beaten by 6 or 7 policemen who lashed him on the soles of his feet about 10 times with a wooden stick. Mr Shikarim was also beaten with a wooden stick about 10-15 times on his back and calves. The policemen also beat him on various parts of his body, and punched and kicked him with their heavy boots as well.

4 Mr Sanjay Yonzon (22 years old) was arrested on the charge of fraud on 06 May 2003. In the Ward Police Station, Narayanthan, two policemen made Mr Yonzon lie down on the floor. Then they beat him with a wooden stick for about 5 minutes on the soles of both his feet, after which he was made to jump up and down the floor continuously for about 5 minutes. In the Interrogation Section in District Police Office, Hanumandhoka, a policeman lashed him about 3-4 times on his buttocks with a plastic pipe, then he was hit with blows on the chest and shoulder. The policeman also kicked him with his heavy boots on his left knee about twice. Mr Yonzon had a blood clot which could be seen on his left calve.

5 Mr Kamal Tamang (28 years old) was arrested on 08 April 2003 in Kapan. The inspector from the Ward Police Station, Kapan beat him randomly with a wooden stick on his thighs, back and hips. Then, after about an hour, he was taken to the Ward Police Station, Baudha, where he was severely tortured for two days. In the Interrogation Section in the District Police Office, Hanumandhoka, Mr Tamang was again tortured continuously from 9am in the morning to 4pm in the afternoon by policemen using plastic pipes and wooden sticks simultaneously. He was tortured in the same manner on 3 different days, with a gap of 2-3 days in between. The policemen continuously whipped him on the palms of his hands, soles of his feet and on his calves and his back.

6 Mr Sundar Lama (17 years old) was arrested on 23 April 2003 on the suspicion of robbery. At the Ward Police Station, Tinkune, about 3-4 policemen told him to get into a sitting position, and then put a wooden stick between his legs, after which both his legs were tied together so that he was unable to move them. The policemen started to continuously beat him on his back, arms and buttocks with a plastic pipe for about one and half-hours. Then he was told to face down on the floor and was again whipped for about one and half hours, this time on the soles of both his feet, after which he was made to jump up and down the floor for about 10 minutes. He was tortured in the same manner for 4 days continuously, and was subsequently bedridden on the fourth day.

SUGGESTED ACTION:

Write a letter/fax to the following people:

Surya Bahadur Thapa

Office of the Prime Minister,

Singha Durbar, Kathmandu, Nepal

Tel: +977 1 228555 or 227955

Fax: + (977 1) 227 286/422 3838/442 8220/442 8570

The Chief Justice

Mr. Keshav Prasad Upadhaya

Tel: +977 1 262546

Fax: +977 1 262878

H.E. Gyan Chandra Acharya

Ambassador to the United Nations,

Permanent Mission of the Kingdom of Nepal,

81 rue de la Servette,

1201 Geneva, Switzerland

Fax: + 41 22 7332722;

E-mail: mission.nepal@ties.itu.int

The Inspector General of Police

Mr. Pradip Shamsher Rana

Police Headquarters,

GPO Box 407,

Naxal, Kathmandu, Nepal

Tel: +977 1 414985

Fax: +977 1 41 55 93 or 1 415594

 

SAMPLE LETTER:

Dear

I am very concerned that severe torture cases are continued in Nepal and the apparent total impunity of the police involved. I call upon the Nepalese government to guarantee the physical and psychological integrity of the detainees, as listed:

Mr. Nau Bahadur Tamang

Mr Keshav Timilsina

Mr Deepak Laya Magar

Mr Ram Kumar Karki

Mr Jairam Bhandari

Mr Rudra Shikarim

Mr Sanjay Yonzon

Mr Kamal Tamang

Mr Sundar Lama, and

Mr Kiran Tamang.

I call upon the Nepalese government to order an immediate and impartial investigation into these allegations of torture and provide treatment to the victims. I urge again that the Nepalese government should declare torture a punishable crime in the country and give compensation to the victims of torture. Beside, if such charges exist, the detainees should be brought before an impartial and competent tribunal, with the guarantee that their procedural rights be carried out at all times. In this context the Nepalese government must also guarantee the safety of victims, the family members, the witnesses and the lawyers.

 

 

 

Yours faithfully

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Thank you.

 

Urgent Appeals

Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-18-2003
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.