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UPDATE (Nepal): Alleged torture of other 13 men by police in Kathmandu

June 10, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

11 June 2007

[RE: UA-177-2007: NEPAL: Alleged brutal torture and attempted rape of a woman by Police]
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UP-080-2007: NEPAL: Alleged torture of other 13 men by police in Kathmandu

NEPAL: Arbitrary arrest, torture, illegal detention, lack of investigation
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to inform you of two further cases of arbitrary arrest and torture connected to the case of the brutal torture and attempted rape of one woman which we had reported previously (UA-177-2007). As in the previous case, the victims in both cases were arbitrarily arrested by the police on the street on 17 May 2007 and charged with setting fire to a government vehicle. They illustrate that the police arbitrarily arrested persons and used acts of torture for interrogation to extract confession from the victims. However, lack of successful prosecution and conviction against the alleged torture perpetrators together with inadequate local legislation allows that such abuses are continuously committed by police. 
 
CASE DETAILS:

On 17 May 2007, Mr. Bhoj Raj Timilsina, the coordinator of Maoists Victims Group of Kathmandu, was allegedly arrested and badly beaten by the police with sticks. As a coordinator of the 'Transportation Strike', he had gone to Jadibuti and Koteshwor, Kathmandu. At about 10am when he observed the strike in Koteshwor, a squad of police came and arrested him. Some 15-20 policemen caught his neck and hands and manhandled him. The police beat the victim with sticks and kicked him with boots on different parts of his body. Beating was continued until he was brought to the police van nearby. Even after taken into the police van, he was assaulted for one hour all the way to the Gausala Metropolitan Police Sector, Kathmandu. At about 8pm he was transferred to the Singhadarbar Metropolitan Police Circle, Kathmandu and detained on the charge of setting fire to the government vehicle on the same day.

His arrest and detention was based on a complaint which alleged that two unknown males and two unknown females had set fire to the government vehicle. However, the victim was arbitrarily arrested without any concrete evidence although his name was not mentioned as the accused in this complaint. Mr. Bhoj Raj Timilsina was released on May 25 only after the said complaint was dropped by the complainant on that day.

Now the Advocacy Forum is preparing to file the case to concerned court to demand compensation for the victim under the Torture Compensation Act of Nepal.

Relating to the same case of incendiarism, Mr. Kalyan Budhathoki, the permanent resident of Ramechhap district who temporarily residing in Tinkune of Kathmandu, was arrested along with 11 other Maoist victims (his friends) by the security forces in Tinkune, Kathmandu on 17 May 2007. Mr. Kalyan and his friends were then allegedly beaten indiscriminately with sticks by the police. The police kicked them with the boots and punched them, accusing that they were responsible for setting fire on the government vehicle. They were then taken to the Metropolitan Police Circle, Newbaneshor and then to Gausala Metropolitan Police Circle, Kathmandu for the further investigation.

After short inquiry, nine persons among them were released on the same day, while three persons including Mr. Kalyan remained custody for further investigation. The three men were then transferred to Singhadarbar Metropolitan Police Circle, Kathmandu, at around 6pm on the same day after receiving the general medical check-up. On 25 May 2007, all the three were released, after the complaint was dropped. They all complain pains on their body. 

In fact, the police arbitrarily arrested several persons relating to the said incendiary incident. The AHRC has earlier reported that alleged brutal torture and attempted rape of one woman by the police. This woman had also been arbitrarily arrested with the same charge on 17 May 2007. To see details of the case, see also UA-177-2007.
 
BACKGROUND INFORMATION:

On 17 May 2007, there was a 'Transportation Strike' in Kathmandu. The security forces arrested more than a dozen Maoists victims in different places with different charges. Some of the Maoists victims were charged of setting fire on government vehicle and others were trying to gather for the 'Transportation Strike'.

The First Information Report (FIR) was given by the driver and some government officials who were inside the government vehicle which was set on fire. According to the FIR, the complaint stated that two unknown males and females had set fire on the vehicle but no names of the particular suspects were mentioned in the FIR.

The above cases illustrate that the police arbitrarily arrested persons and used acts of torture in interrogation process to extract confession from the victims. This shows poor investigation skills and brutal and unlawful manner of the investigation of the police forces in the country. Moreover, lack of successful prosecution and conviction against the alleged torture perpetrators allows that such abuses are continuously committed by police. 

However, the Torture Compensation Act, 1996 created as the domestic legislation corresponding to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT), does not meet international standards to prevent and punish the acts of torture. Under this Act, the torture victims can only claim for compensation against the torture perpetrators.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to investigate the practice of torture by the police through immediate and thorough investigation and provide medical treatment and proper compensation to the victims. The AHRC is also writing to UN Special Rapporteur on the Question of Torture for its consideration.

To support this appeal, please click here:

Suggested letter:

Dear ___________,


NEPAL: Alleged torture of other 13 men by police in Kathmandu

Case 1
Name of victim: Mr. Bhoj Raj Timilsina; resides in Achham District; Coordinator of Maoists Victims Group of Kathmandu
Alleged perpetrators: Some 15-20 police from Gausala Metropolitan Police Sector, Kathmandu
Period of incident: from 17 May 2007 to 25 May 2007

Case 2
Name of victims:
1) Mr. Kalyan Budhathoki, the permanent residents of Ramechhap district; temporarily resides in Tinkune, Kathmandu
2) Other 11 Maoist victims (Victim 1's friends)
Alleged perpetrators: Security forced from Metropolitan Police Circle, Newbaneshor, Kathmandu
Period of incident: From 17 May 2007 to 25 May 2007

I am deeply concerned by other two cases of illegal detention and torture by the police in Nepal. As you already know, there was a 'Transportation Strike' in different part of Kathmandu on 17 May 2007 and some of Maoists victims were arrested on charge of either setting fire on a government vehicle as suspects or gathering for the 'Transportation Strike'.

In one case, Mr. Bhoj Raj Timilsina, the coordinator of Maoists Victims Group of Kathmandu, was arrested from Koteshwor and badly beaten by Some 15-20 policemen from the the Gausala Metropolitan Police Sector, Kathmandu on 17 May 2007. The police beat the victim with sticks and kicked him with boots on different parts of his body. He was first taken to the Gausala Metropolitan Police Sector, Kathmandu then to the Singhadarbar Metropolitan Police Circle. He was accused by the police of being involved in setting fire on the government vehicle on the same day. He was even warned to detain in jail for 10 years and further threatened to kill by the police and illegally detained for 7 days in Metropolitan Police Circle, Singhadarbar, Kathmandu. He was released on May 25 after the original complaint of the incident was dropped.

In another case, Mr. Kalyan Budhathoki, the permanent resident of Ramechhap district who temporarily residing in Tinkune of Kathmandu, was arrested along with 11 other Maoist victims (his friends) by the security forces in Tinkune, Kathmandu on May 17. All of them were allegedly beaten indiscriminately with sticks by the police. They were also accused with the same charge mentioned in the first case. They were then taken to the Metropolitan Police Circle, Newbaneshor and then to Gausala Metropolitan Police Circle, Kathmandu for the further investigation. Nine persons among them were released on the same day, while the remaining three including Mr. Kalyan Budhathoki were illegally detained for 8 days and released in Singhadarbar Metropolitan Police Circle, Kathmandu on May 25.  

I want to inform you that the police in fact arbitrarily arrested several persons relating to the said incendiary incident. I think that you are aware that Kalpana Bhandari, a 30 year-old widow and driver, was also arrested by the police on May 17 with the same charge and subjected to brutal torture and attempted rape.

In fact, the lodged complaint did not indicate the names of any suspect, the police arrested indiscriminately the persons just observing ‘the Strike’ or walking on the road without concrete evidence. The Nepal is a state party to the Convention Against Torture which obliges to protect and prevent its citizens from torture in internationally. While the Constitution of Nepal prohibits the practice of torture, Torture Compensation Act, 1999, the corresponding local legislation to the UN Convention against Torture (CAT) only enables the torture victims to claim compensation. Furthermore, lack of successful prosecution and conviction against the alleged torture perpetrators allows that torture are continuously committed by police in the country. 

I also point out that some victims were released after being detained for 7-8 days at the police stations, without being produced before any court. As far as I know, a person arrested should be brought to the nearest magistrate within 24 hours after arrest by law. Such procedure was originally designed to ensure the right to security and prevent torture or ill-treatment of detainees. However, in these two cases, they were overly kept in the police stations. 

It is believed that those responsible who used torture while they arrested the said victims have not received any proper investigation on their crimes. The continuance of enjoying impunity from such crimes lead to more ordinary process to beat, kick and punch to the suspects by the police. Only one thing to stop this continuance is the punishment through impartial investigation. In case that the police themselves are alleged suspects of practicing torture, there must need independent body or unit for investigation.

It is also reported that the said victims of the cases above complain their pains caused by torture.  Medical treatment for them is another priority of concern. Compensation should be also granted to those victims. The Government of Nepal has to make sure that the torture which is enjoyed by the police must stop.

Therefore, I urge you to conduct thorough and effective investigation in this case without delay and if the practice of torture is proven, those responsible must be brought before the court without enjoying impunity any more. Proper compensation should be granted to the victims with medical treatment. Especially the loopholes that a perpetrator cay enjoy impunity should be removed either by enacting a law or amend a relevant law in accordance with the international human rights standards. I further urge you to establish proper mechanisms to monitor whether torture in possible occasions. 

I look forward to your prompt response in this matter.

Yours sincerely,

 
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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 5547973
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

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-080-2007
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.