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NEPAL: Three members of the Morang police engaged in serial torture

October 24, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

24 October 2007
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UA-304-2007: NEPAL: Three members of the Morang police engaged in serial torture

NEPAL: Torture; illegal detention; death threats; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources concerning two cases of torture allegedly committed by the same perpetrators from the Morang District Police Office in Nepal on 4 and 10 September 2007 respectively. The AHRC has also received another two cases of torture by these persons that it will soon be issuing separately.

CASE 1:

Mohammed Pappu Miya, 19, a goat-dealer by profession, is a permanent resident of Neta Chowk, Banigama VCD-1, in Morang District. He was arrested on September 4, 2007, at around 4:30pm in Panitanki Chowk, Biratnagar, Morang District, on the charge of robbery. After his arrest he was handcuffed and was taken to the Morang District Police Office (DPO) at about 6:30pm in a police van.

Mohammed Pappu Miya was taken to the interrogation cell of the DPO in which 8-10 policemen were present. One of the policemen asked him whether or not he was involved in the robbery. Mohammed Pappu Miya denied any involvement, at which point policeman Shyam Chaudhary twisted his hands until the victim fell to the floor. He was then ordered to place his legs up on a bench. Policeman Rajendra Mehata then held his legs while Assistant Sub-Inspector (ASI) Balram Yadav and Shyam Chaudhary beat him on his feet and ankles with a wooden stick some 15 times.  They repeatedly asked him to admit his involvement in the crime, but he continued to plead his innocence, leading to him being beaten by Rajendra Mehata on his buttocks, thighs and all over his body. Eventually, Mohammed Pappu Miya gave in to the torture and stated that he was involved in the crime. 

On September 5, 2007 at about 9am Mohammed Pappu Miya was taken to the women's cell by Rajendra Mehata, Bal Ram Yadav, Shyam Chaudhary and another three unidentified police personnel. He was handcuffed with his hands behind his back and interrogated about his involvement in other robbery cases. His denial led to further torture: Rajendra Mehata beat him on the calves of his legs and, when he screamed in pain, Rajendra Mehata blocked his mouth. Having been torture for some 75 minutes, he was again forced to confess to further robberies, although the torture did not stop immediately after his confession. At about 8pm he was again handcuffed in the same way, made to lie on the floor, and was then beaten by Rajendra Mehata and a policeman named Shyam Chaudhary for about half an hour.

The following day, September 6, 2007, an unidentified member of the police again took him to the women cell at around 10am and interrogated him about his involvement in a robbery that took place in Rangeli. He again claimed his innocence and was again handcuffed and beaten for around 30 minutes. Similarly, on September 7 and 8, 2007, he was tortured while being interrogated about other robbery cases. On September 9, 2007, he was tortured while being interrogated about his involvement in a robbery in Dudfaram, in Morang. Shyam Chaudhary ordered him to sit down with his legs on the sofa. Rajendra Mehata then started beating him on his feet with a stick. Mohammed Pappu Miya was then blindfolded and forced to lie on the floor with his legs on the sofa while his arms were pulled in opposite directions. Then water was poured into his nostrils. He was again forced into confessing his involvement in a crime he claims he did not commit. The interrogations and torture lasted for about 90 minutes.

He was only allowed to meet members of his family members after seven days of detention, and was only provided with arrest and detention letters on September 8, 2007 He was only presented before Morang District court on September 9, 2007, on robbery charges. Under law, arrested persons have to be presented before a court within 24 hours of their arrest. Mohammed Pappu Miya's detention was therefore conducted in an illegal manner. He was transferred to the Area Police Office (APO), in Rani, Morang District on September 22, and was sent to Morang District Jail on 5 October, 2007, having been found guilty by the judge on all counts of robbery. The length of his sentence is at present unclear.

CASE 2:

Mohammad Rajjabul Hussain Miya, 24, a butcher by profession and a permanent resident of Pakali-3, Muslim Tole, Sunsari District, was arrested on September 10, 2007 at around 2pm by ASI Balram Yadav and Shyam Choudhary from the Morang DPO. He was handcuffed and taken to the Pakali APO in Sunsari District. Three policemen - Balram Yadav, Shyam Chaudhary and Rajendra Mehata - who all wearing civilian clothes, locked the door of the room that Mohammad Rajjabul Hussain Miya was being held in and started beating him. Two of the policemen beat him with bamboo batons and the other policeman kicked him while ordering him to give them information about a robbery. The victim told them that he is a butcher and owns a meat shop in Ithari, Sangit Tole, Sunsari District and that he was not involved in any robbery. The police continued beating him and also ordered him to lie spread-eagled and started kicking and beating him all over his body with bamboo batons for about 40 minutes. They then took the victim to the next room and forced him to sign a piece of a paper. He was not allowed to read the contents of the paper. 

Mohammad Rajjabul Hussain Miya was kept at the Pakali APO for a further 90 minutes before being transferred to the Morang DPO at around 4:45pm. There he was taken directly to the women's cell where the police locked the door and began accusing him of being a thief and a rapist. ASI Balram Yadav reportedly then threatened to kill and rape his family members. Shyam Chaudhary then beat him with a baton on his left foot continuously for about 7 minutes. Rajendra Mehata and another unidentified policeman ordered the victim to lie spread-eagled and beat his feet, thighs, buttocks, head and elsewhere continuously for 25 minutes. Rajendra Mehata began punching him in the eyes, at which point Mohammad Rajjabul Hussain Miya could take no more and accepted the charges of robbery and rape that the policemen had leveled against him. He was then forced to sign a paper that he was not allowed to read and detained.

In custody, Rajendra Mehata reportedly told 'Jabber' (another inmate being held in the Morang DPO) to inform him about Mohammad Rajjabul Hussain Miya's physical condition. Mohammad Rajjabul Hussain Miya was again taken to the women's police cell at around 7pm where he was shown a list of people's names and interrogated about them. When he said he didn't know them, he was again beaten until he confessed to knowing them all. The policemen then hit him until he lost his consciousness. He was woken up a few minutes later and forced to acknowledge his involvement in a series of robberies.

On September 10, Mohammad Rajjabul Hussain Miya was admitted to Koshi Zonal Hospital, Morang, for medical treatment, during which he showed his injuries to a medical officer, but a policeman pulled the victim out of the medical room and warned him not to tell anyone about his injuries. He was transferred to the Rani APO in Morang District on September 22, before being sent to Morang District Jail on 5 October, 2007, having been found guilty and sentenced accordingly. The exact length of the sentence is unknown at present.

The AHRC is gravely concerned by the continuing use of torture in Nepal and the impunity that accompanies it. The above cases, which were allegedly perpetrated by the same group of policemen, are clear examples of the fact that when torture goes unpunished, the perpetrators will repeatedly make use of it. It is vital that the authorities immediately investigate these persons and, if found responsible, bring them to justice and punish them in line with international standards. Furthermore, it a serious concern that the victims of torture in these cases have been tried and sentenced based on evidence extracted under torture. Judges should not consider such evidence as admissible in court and should ascertain whether persons under trial have been tortured during detention and interrogation before passing judgement. It is also imperative for the Nepalese authorities to immediately take measures to ensure that torture is criminalized in the country, in order to address the problem of impunity concerning this very serious human rights violation in line with its international obligations.

SUGGESTED ACTION:
Please write to the authorities mentioned below and urge them to immediately intervene into these cases. Due to the ongoing practice of torture in this particular police office and more widely around the country, a special independent unit should be established to thoroughly investigate all abuses committed by State agents. It is also imperative for torture to be criminalized under law, if the perpetrators of such abuses are to be effectively prosecuted and the victims are to receive adequate reparation. The AHRC has also sent a separate letter to the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for his intervention into these cases.

To support this appeal, please click here:

Suggested letter:

Dear __________,

NEPAL: Three members of the Morang police engaged in serial torture

Name of victims:
1) Mohammed Pappu Miya, 19, a goat-dealer by profession, a permanent resident of Neta Chowk, Banigama VCD-1, in Morang District
2) Mohammad Rajjabul Hussain Miya, 24, a butcher by profession and a permanent resident of Pakali-3, Muslim Tole, Sunsari District
Name of alleged perpetrators:
Assistant Sub-Inspector (ASI) Balram Yadav, policeman Rajendra Mehata and Shyam Chaudhary
Date of incident: 1) September 4, 2007 to date; 2) September 10, 2007 to date
Place of incident: Morang District Police Office (DPO)

I am writing to voice my deep concern regarding the alleged illegal detention and torture of two young men in separate incidents by the same three policemen from the Morang District Police Office (DPO). The repeated use of torture by these persons, namely Assistant Sub-Inspector (ASI) Balram Yadav, policeman Rajendra Mehata and Shyam Chaudhary, must immediately be halted and they must be investigated and, if found guilty as alleged, must be brought to justice, with adequate punishments to the perpetrators and reparation to the victims being provided, in line with international standards.

CASE 1:
Mohammed Pappu Miya, 19, was arrested on September 4, 2007, at around 4:30pm in Panitanki Chowk, Biratnagar, Morang District, on the charge of robbery. After his arrest he was handcuffed and was taken to the Morang District Police Office (DPO) at about 6:30pm in a police van, where he was taken to the interrogation cell in which 8-10 policemen were present. During the interrogation, Mohammed Pappu Miya denied any involvement in the robbery, at which point policeman Shyam Chaudhary allegedly twisted his hands until the victim fell to the floor. He was then ordered to place his legs up on a bench. Policeman Rajendra Mehata then held his legs while Assistant Sub-Inspector (ASI) Balram Yadav and Shyam Chaudhary beat him on his feet and ankles with a wooden stick some 15 times. They repeatedly asked him to admit his involvement in the crime, but he continued to plead his innocence, leading to him being beaten by Rajendra Mehata on his buttocks, thighs and all over his body. Eventually, Mohammed Pappu Miya gave in to the torture and stated that he was involved in the crime. 

On September 5, 2007, at about 9am, he was taken to the women's cell by Rajendra Mehata, Balram Yadav, Shyam Chaudhary and another three unidentified police personnel. He was handcuffed with his hands behind his back and interrogated about his involvement in other robbery cases. His denial led to further torture: Rajendra Mehata beat him on the calves of his legs and, when he screamed in pain, blocked his mouth. Having been torture for some 75 minutes, he was again forced to confess to further robberies, although the torture did not stop immediately after his confession. At about 8pm he was again handcuffed in the same way, made to lie on the floor, and was beaten by Rajendra Mehata and Shyam Chaudhary for about half an hour.

The following day, September 6, 2007, at around 10am he was again interrogated about his involvement in a robbery that took place in Rangeli. He again claimed his innocence and was handcuffed and beaten for around 30 minutes. Similarly, on September 7 and 8, 2007, he was tortured while being interrogated about other robbery cases. On September 9, 2007, he was tortured while being interrogated about his involvement in a robbery in Dudfaram, in Morang. Shyam Chaudhary ordered him to sit down with his legs on the sofa. Rajendra Mehata then started beating him on his feet with a stick. Mohammed Pappu Miya was then blindfolded and forced to lie on the floor with his legs on the sofa while his arms were pulled in opposite directions. Then water was poured into his nostrils. He was again forced into confessing his involvement in a crime he claims he did not commit. The interrogations and torture lasted for about 90 minutes.

He was only allowed to meet members of his family members after seven days of detention, and was only provided with arrest and detention letters on September 8, 2007 He was only presented before Morang District court on September 9, 2007, on robbery charges. Under law, arrested persons have to be presented before a court within 24 hours of their arrest. Mohammed Pappu Miya's detention was therefore conducted in an illegal manner. He was transferred to the Area Police Office (APO), in Rani, Morang District on September 22, and was sent to Morang District Jail on 5 October, 2007, having been found guilty by the judge on all counts of robbery.

CASE 2:
Mohammad Rajjabul Hussain Miya, 24, a butcher by profession and a permanent resident of Pakali-3, Muslim Tole, Sunsari District, was arrested on September 10, 2007 at around 2pm by ASI Balram Yadav and Shyam Choudhary from the Morang DPO. He was handcuffed and taken to the Pakali APO in Sunsari District. Three policemen - Balram Yadav, Shyam Chaudhary and Rajendra Mehata - who all wearing civilian clothes, locked the door of the room that Mohammad Rajjabul Hussain Miya was being held in and started beating him. Two of the policemen beat him with bamboo batons and the other policeman kicked him while ordering him to give them information about a robbery. The victim told them that he is a butcher and owns a meat shop in Ithari, Sangit Tole, Sunsari District and that he was not involved in any robbery. The police continued beating him and also ordered him to lie spread-eagled and started kicking and beating him all over his body with bamboo batons for about 40 minutes. They then took the victim to the next room and forced him to sign a piece of a paper. He was not allowed to read the contents of the paper. 

Mohammad Rajjabul Hussain Miya was kept at the Pakali APO for a further 90 minutes before being transferred to the Morang DPO at around 4:45pm. There he was taken directly to the women's cell where the police locked the door and began accusing him of being a thief and a rapist. ASI Balram Yadav reportedly then threatened to kill and rape his family members. Shyam Chaudhary then beat him with a baton on his left foot continuously for about 7 minutes. Rajendra Mehata and another unidentified policeman ordered the victim to lie spread-eagled and beat his feet, thighs, buttocks, head and elsewhere continuously for 25 minutes. Rajendra Mehata began punching him in the eyes, at which point Mohammad Rajjabul Hussain Miya could take no more and accepted the charges of robbery and rape that the policemen had levelled against him. He was then forced to sign a paper that he was not allowed to read and detained.

Mohammad Rajjabul Hussain Miya was again taken to the women's police cell at around 7pm where he was shown a list of people's names and interrogated about them. When he said he didn't know them, he was again beaten until he confessed to knowing them all. The policemen then hit him until he lost his consciousness. He was woken up a few minutes later and forced to acknowledge his involvement in a series of robberies.

On September 10, Mohammad Rajjabul Hussain Miya was admitted to Koshi Zonal Hospital, Morang, for medical treatment, during which he showed his injuries to a medical officer, but a policeman pulled the victim out of the medical room and warned him not to tell anyone about his injuries. He was transferred to the Rani APO in Morang District on September 22, before being sent to Morang District Jail on 5 October, 2007, having been found guilty of robbery and sentenced.

I am gravely concerned by the continuing use of torture in Nepal and the impunity that accompanies it. The above cases, which were allegedly perpetrated by the same group of policemen, are clear examples of the fact that when torture goes unpunished, the perpetrators will repeatedly make use of it. It is vital that the authorities immediately investigate these persons and, if found responsible, bring them to justice and punish them in line with international standards. It is also imperative for the Nepalese authorities to immediately take measures to ensure that torture is criminalized in the country, in order to address the problem of impunity concerning this very serious human rights violation in line with its international obligations. Furthermore, it a serious concern that the victims of torture in these cases have been tried and sentenced based on evidence extracted under torture. Judges should not consider such evidence as admissible in court and should ascertain whether persons under trial have been tortured during detention and interrogation before passing judgement.

Torture is prohibited under the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Nepal is party, and the Torture Compensation Act of Nepal. However, torture is widely practiced in police detention centres in the country. This is evidently the case at the Morang District Police Office (DPO). The failure to punish the perpetrators of torture enables a pervasive climate of impunity. There is a critical need for a law criminalizing torture in the country, without which torture will continue to be perpetrated endemically without being punished.

In light of the above, I urge you to take all necessary steps to ensure that a special, independent unit or body is established to immediately inquire into all torture cases and take necessary measures to bring those responsible before courts and to justice. The ongoing practice of torture by the police at the Morang District Police Office is of particular concern. I also urge you to take all possible measures to ensure that a law criminalizing torture is enacted in Nepal, enabling those responsible to be tried and punished in line with international standards and for adequate reparation to be provided to the victims of these abuses.

I look forward to your prompt action into these cases.

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: attorney@mos.com.np 

3. Mr. Kedar Nath Upadhaya
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 (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-304-2007
Countries :
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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.