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UPDATE(Nepal): Torture and sexual molestation victim receives threats from the police for registering a case in court

July 5, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal



5 July 2007

[RE: UA-177-2007: NEPAL: Alleged brutal torture and attempted rape of a woman by Police; UP-080-2007: NEPAL: Alleged torture of other 13 men by police in Kathmandu]
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UP-094-2007: NEPAL: Torture and sexual molestation victim receives threats from the police for registering a case in court

NEPAL: Threats and intimidation; torture; sexual molestation; impunity; witness protection
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by reports that a torture and sexual molestation victim, 30 year-old widow Ms. Kalpana Bhandari, has received serious threats from the police since she registered a case demanding compensation for torture with the Kathmandu District Court on June 11, 2007, concerning her arbitrary arrest, torture and sexual molestation by members of the police on May 17, 2007 (please see UA-177-2007 for further details concerning this case).

CASE DETAILS:

According to the information received, on June 28, 2007, Police Inspector Mr. Hira Bahadur Pandey of New Baneshwar Metropolitan Police Circle , Kathmandu, called Mr. Kalayan Budhathoki to the Police Circle and told him to deliver a message to Ms. Kalpana Bhandari for her to withdraw the case.

Mr. Kalayan Budhathoki was also arrested on 17 May by the police under the command of Mr. Hira Bahadur Pandey in a separate incident that is linked to Ms. Kalpana Bhandari’s arrest. Both were arbitrarily arrested and tortured having been charged with setting fire to a government vehicle. (For details, please also see UP-080-2007)

Mr. Kalayan Budhathoki later stated that Police Inspector Hira Bahadur Pandey had told him that: "Kalpana has filed a case against us. So, convey to her the message that she must withdraw the case. If she doesn't withdraw the case, I will arrest her under any charge and treat her badly."

The AHRC is gravely concerned for Ms. Kalpana Bhandari’s physical and psychological integrity as a result of these threats of illegal arrest and torture and urges the Nepalese authorities to take immediate action to protect Ms. Kalpana Bhandari from any further abuse, to investigate the allegations of threats against her by Police Inspector Hira Bahadur Pandey, to also investigate the allegations of torture and sexual molestation concerning which a case has been filed in court, and to ensure that any persons found responsible for these acts be brought to justice and that adequate reparation be provided, in line with international laws and standards. Similarly, investigations and prosecutions must be immediately carried out concerning the case of Mr. Kalyan Budhathoki and Mr. Bhoj Raj Timilsina who were also allegedly arbitrarily arrested on May 17, 2007 in a related incident and later tortured by the police.

BACKGROUND INFORMATION:

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

A 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 two females had set fire to the vehicle but no names of the particular suspects were mentioned in the FIR.

The afore-mentioned cases of arbitrary arrest, torture and sexual harassment are testimony to the continuing use of torture by the police as part of criminal investigations and the impunity that accompanies it. 

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to take all necessary measures to ensure that the victims receive immediate protection and that investigations and prosecutions are launched concerning the cases of threats, arbitrary arrests, torture and sexual molestation mentioned above. The AHRC is also writing to UN Special Rapporteur on the Question of Torture concerning this case.

To support this appeal, please click here:

Suggested letter:

Dear ___________,

NEPAL: Torture and sexual molestation victim receives threats from the police for registering a case in court

Name of victim: Ms. Kalpana Bhandari, aged 30, widow with two children, permanent resident of Pingkuli Village Development Committee ward no 5, Ramechhap District, Nepal; temporary resides in Lalitpur district
Name of alleged perpetrators: Police inspector Mr. Hira Bahadur Pandey of New Baneshowar Metropolitan Police Circle, Kathmandu
Date of incident: June 28, 2007

I am deeply concerned by reports that a torture and sexual harassment of a victim, 30 year-old widow Ms. Kalpana Bhandari, has received serious threats from the police since she registered a case demanding compensation for torture with the Kathmandu District Court on June 11, 2007, concerning her arbitrary arrest, torture and sexual harassment by members of the police on May 17, 2007 (please see UA-177-2007 for further details concerning this case).

According to the information received, on June 28, 2007, Police Inspector Mr. Hira Bahadur Pandey of New Baneshwar Metropolitan Police Circle, Kathmandu, called Mr. Kalayan Budhathoki to his office and told him to deliver a message to Ms. Kalpana Bhandari for her to withdraw the case. Mr. Kalayan Budhathoki was also arrested on 17 May by the police under the command of Mr. Hira Bahadur Pandey in a separate incident that is linked to Ms. Kalpana Bhandari’s arrest. Both were arbitrarily arrested and tortured having been charged with setting fire to a government vehicle.

Mr. Kalayan Budhathoki later stated that Police Inspector Hira Bahadur Pandey had told him that: "Kalpana has filed a case against us. So, convey her the message that she must withdraw the case. If she doesn't withdraw the case, I will arrest her under any charge and treat her badly."

I remain gravely concerned for Ms. Kalpana Bhandari’s physical and psychological integrity as a result of these threats of illegal arrest and torture and urge the Nepalese authorities to take immediate action to protect Ms. Kalpana Bhandari from any further abuse, to investigate the allegations of threats against her by Police Inspector Hira Bahadur Pandey, to also investigate the allegations of torture and rape concerning which a case has been filed in court, and to ensure that any persons found responsible for these acts be brought to justice and that adequate reparation be provided, in line with international laws and standards. Similarly, investigations and prosecutions must be immediately carried out concerning the case of Mr. Kalyan Budhathoki and Mr. Bhoj Raj Timilsina who were also allegedly arbitrarily arrested on May 17, 2007 in a related incident and later tortured by the police.

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: attorney@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 

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-094-2007
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.