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NEPAL: Custodial death of Mr. Manoj Das following alleged torture by the police

October 17, 2006

URGENT APPEAL URGENT APPEAL URGENT APPEAL URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

18 October 2006
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UA-344-2006: NEPAL: Custodial death of Mr. Manoj Das following alleged torture by the police

NEPAL: Torture; custodial death; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information concerning the custodial death on October 16th, 2006 of 32-year old Indian citizen Mr. Manoj Das. It is alleged that Mr. Manoj Das was tortured by the police while in detention at the Janasewa Ward Police Office, Kathmandu, following his arrest on October 15, 2006. There are serious concerns that this death will not be fully or effectively investigated and that the alleged perpetrators of the torture that preceded Mr. Manoj Das' death will go unpunished. In Nepal, perpetrators of torture and a broad range of other grave human rights violations typically enjoy impunity for their actions, as investigations are frequently cursory, lacking in independence or designed to cover up abuses carried out by members of the authorities.

Mr. Manoj Das was reportedly arrested along with Mr. Arun Das on 15th October under the charge of robbery, having been accused of stealing 24,000 rupees from Ms. Binita Neupane, a staff-member of the Bank of Kathmandu, while she was at work. The police arrested them following evidence of this act allegedly provided by CCTV video recordings in the bank. Sagar Das and Rohit Das were also reportedly arrested on the same day with the help of information provided by Manoj and Arun Das.

Police Inspector Nanti Raj Gurung of Janasewa Ward Police Station, Kathmandu has stated that Manoj Das was interrogated and tortured at his command. It is believed that Mr. Arun Das also underwent similar treatment. This admission shows the extent to which the use of torture and impunity for its use have become ingrained in the policing system in the country. Police Inspector Nanti Raj Gurung has clearly stated that he had instructed assistant police inspector Narayan Pandit and police junior Surendra Adhikari to beat Manoj Das with a plastic pipe on the soles of his feet for around 10 minutes and then make him jump up and down on his feet for around half an hour.

When questioned about Mr. Manoj Das' custodial death, District Superintendent of Police (DSP) Sharad Kumar Oli of the District Police Office, Kathmandu, also revealed that the victim was tortured during interrogation, but claimed that he had died as the result of being weakened by a heavy case of diarrhea. DSP Oli further stated that the victim had gone to the toilet due to his illness, and had later been found unconscious inside the toilet. According to these claims, he was immediately taken to Bir Hospital, where the doctors declared him dead. Mr. Manoj Das is alleged to have been suffering from heart disease, for which he was taking medication. After his death, his body was taken to T.U. Teaching Hospital Maharajganj, Kathmandu for a postmortem examination, with the report expected to be produced in the next few days.

After the incident, the Police Headquarters in Naxal, Kathmandu formed a three-member probe team to investigate the case. The committee is led by Superintendent of Police of Kathmandu Valley Crime Investigation branch, Keshav Adhikari. While the formation of a team to investigate this case is welcomed, there remain concerns as to whether it will be effective, independent and able to deliver justice in this case. Given that there have been clear admissions of torture by members of the police concerning this case, it is hoped that the investigation will lead to the prosecution of anyone found to have been responsible for these acts. If the postmortem finds that the use of torture led to Mr. Manoj Das' death, the perpetrators should be punished accordingly.

SUGGESTED ACTION:

The AHRC is seriously concerned by the allegations of the use of torture on Mr. Manoj Das and Mr. Arun Das and the subsequent custodial death of the former. The frank admissions of the use of torture by police officials is also a serious concern, as it underlines the routine nature of this practice in the country and the impunity with which it is perpetrated. It is hoped that the investigation that has been launched into this situation will lead to the appropriate punishment of those found to be responsible for these acts. We therefore ask that you please send letters urging the authorities in Nepal to ensure a prompt, independent and effective investigation into these acts, in order to bring the bring the perpetrators to justice and award adequate reparation to the victims or their families. Please also urge the authorities to produce legislation criminalizing torture in Nepal, so that any future use of this practice can be punished in line with international standards, as is required under the United Nations Convention Against Torture, to which Nepal is party.  

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Suggested letter:

Dear___________,

NEPAL: Custodial death of Mr. Manoj Das following alleged torture by the police

Name of victim of custodial death and torture:
1. Mr. Manoj Das
Name of victim of torture:
2. Mr. Arun Das

I am gravely concerned by information that I have received concerning the custodial death on October 16th, 2006 of 32-year old Indian citizen Mr. Manoj Das. It is alleged that Mr. Manoj Das was tortured by the police while in detention at the Janasewa Ward Police Office, Kathmandu, following his arrest on October 15, 2006. I remain seriously concerned that this death will not be fully or effectively investigated and the alleged perpetrators of the torture that preceded Mr. Manoj Das' death will go unpunished. In Nepal, perpetrators of torture and a broad range of other grave human rights violations typically enjoy impunity for their actions, as investigations are frequently cursory, lacking in independence or designed to cover up abuses carried out by members of the authorities. I hope that this will not be the case with regard to this incident.

Mr. Manoj Das was reportedly arrested along with Mr. Arun Das on 15th October under the charge of robbery, having been accused of stealing 24,000 rupees from Ms. Binita Neupane, a staff-member of the Bank of Kathmandu, while she was at work. The police arrested them following evidence of this act allegedly provided by CCTV video recordings in the bank. Sagar Das and Rohit Das were also reportedly arrested on the same day with the help of information provided by Manoj and Arun Das. I hereby urge you to ensure that the personal integrity of these persons in guaranteed at all times.

I am outraged by the fact that Police Inspector Nanti Raj Gurung of Janasewa Ward Police Station, Kathmandu has admitted that Manoj Das was interrogated and tortured at his command. It is believed that Mr. Arun Das also underwent similar treatment. This admission shows the extent to which the use of torture and impunity for its use have become ingrained in the policing system in the country. Police Inspector Nanti Raj Gurung has clearly stated that he had instructed assistant police inspector Narayan Pandit and police junior Surendra Adhikari to beat Manoj Das with a plastic pipe on the soles of his feet for around 10 minutes and then make him jump up and down on his feet for around half an hour.

When questioned about Mr. Manoj Das' custodial death, District Superintendent of Police (DSP) Sharad Kumar Oli of the District Police Office, Kathmandu, also revealed that the victim was tortured during interrogation, but claimed that he had died as the result of being weakened by a heavy case of diarrhea. DSP Oli further stated that the victim had gone to the toilet due to his illness, and had later been found unconscious inside the toilet. According to these claims, he was immediately taken to Bir Hospital, where the doctors declared him dead. Mr. Manoj Das is alleged to have been suffering from heart disease, for which he was taking medication. After his death, his body was taken to T.U. Teaching Hospital Maharajganj, Kathmandu for a postmortem examination, with the report expected to be produced in the next few days.

After the incident, the Police Headquarters in Naxal, Kathmandu formed a three-member probe team to investigate the case. The committee is led by Superintendent of Police of Kathmandu Valley Crime Investigation branch, Keshav Adhikari. While the formation of a team to investigate this case is welcomed, there remain concerns as to whether it will be effective, independent and able to deliver justice in this case. Given that there have been admissions of torture by members of the police concerning this case, it is hoped that the investigation will lead to the prosecution of anyone found to have been responsible for these acts. If the postmortem finds that the use of torture led to Mr. Manoj Das' death, the perpetrators should be punished accordingly. Furthermore, I hereby urge you to take all necessary measures to ensure that legislation that criminalizes torture is enacted, in order to deter future violations of this type and ensure punishment for perpetrators in line with international standards, as is required under the United Nations Convention Against Torture, to which Nepal is party.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Prime Minister Girija Prasad Koirala
Prime Minister's office
Singha Durbar
Kathmandu, Nepal
Email: info@opmch.gov.np
Fax: + 977 142 27286

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

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

4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org

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

6. Police HR Cell  
Human Rights Cell,
Nepal Police
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-344-2006
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.