Home / News / Urgent Appeals / UPDATE (Nepal): Another two cases of torture perpetrated by the same members of the Morang Police

UPDATE (Nepal): Another two cases of torture perpetrated by the same members of the Morang Police

October 25, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

25 October 2007

[RE: UA-304-2007: NEPAL: Three members of the Morang police engaged in serial torture]
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UP-141-2007: NEPAL: Another two cases of torture perpetrated by the same members of the Morang Police

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 another two cases of torture allegedly perpetrated by the same three members of the Morang District Police Office, Balram Yadav, Shyam Chaudhary and Rajendra Mehata.

CASE DETAILS:

Mohammad Jabbar Miya, 19, owns a meat shop at Devkota Chowk, Biratnagar Municipality -10, Morang District, and is a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang District. At around 4pm on September 4, 2007, he was arrested by Assistant Sub Inspector of Police (ASI) Mr. Balram Yadav and Shyam Chaudhary from the Morang DPO Morang, on allegations of robbery and rape.

After the arrest, he was handcuffed and taken to the Morang DPO where he was reportedly tortured. On 4 September 2007, he was interrogated at about 7pm by about 18-19 police personnel wearing civilian clothes, out of which he has been able to identify Balram Yadav, Shyam Chaudhary and Rajendra Mehata. Balram Yadav questioned him about a robbery, and when Mohammad Jabbar Miya stated his innocence and lack of knowledge concerning the case, Balram Yadav ordered Shyam Chaudhary to whip him. Soon other policemen joined in beating him on his head, chest, abdomen and neck. Then Shyam Chaudhary ordered another policeman to bring some water and a piece of cloth. Balram then blindfolded the victim who was then hit to force him to the floor. A policeman then started pouring water in his nose in an attempt to get him to admit his involvement in the robbery. When the victim screamed in pain a policeman put a boot in his mouth. He was whipped and beaten continuously for 30 minutes, after which he was taken for a medical examination, before being brought back to the Morang DPO.

At around 7pm the next day, September 5, he was taken to the women's cell, where a woman, the alleged owner of the robbed house, was present. Rajendra Mehata asked Mohammad Jabbar Miya if he recognized the woman, and when he said no, four policemen, including Rajendra Mehata, beat him with their batons. He was forced to sit on the floor with his feet up on a nearby sofa, and a policeman caught hold of his feet while another beat them with a wooden baton. Three or four other policemen also joined in whipping him for about half an hour in the presence of the owner. Then they forced him to jump up and down for about ten minutes before throwing him back in his cell.
 
Later that day, he was taken to his house, which the police searched to try to find the stolen goods. A policewoman started whipping Mohammad Jabbar Miya's aunt, Ms. Noorjan Khatun. Noorjan Khatun, a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District, was also arrested by the police. On the wooden Singhya River Bridge on the way to the DPO, Mohammad Jabbar Miya's hands were handcuffed behind his back and he was forced to lie down. The police then placed pistols on his forehead, temple and neck and forced him to admit guilt concerning the alleged robbery in question. Four unidentified police personnel also beat Noorjan Khatun with a stick on her thighs and with the butts of their rifles on her back. The policemen also warned both of them that they would be killed and buried in the banks of the Singhya River if they didn't tell the truth.

According to the information received, after torturing both Mohammad Jabbar Miya and Noorjan Khatun for about half an hour, the police took them to Morang DPO in a police van. Both of them were then taken to the women's cell and verbally abused and beaten with batons. On September 7, 2007, at about 10am, Noorjan Khatun and Mohammad Jabbar Miya were again taken to a woman's cell on the ground floor. A policewoman removed Noorjan Khatun's outer sari in the presence of three male policemen, Sub-Inspector Balram Yadav and two other policewomen. She was then beaten by police head constable (female) Bhagawoti Khatiwada and another policewoman with a stick, while being interrogated about the robbery. Noorjan Khatun started crying with pain but was shoved to the ground and one of the policewomen started beating on her feet with a stick. She was then forced to lie face down on the floor and both police women punched her back. SI Balram Yadav threatened her and told her to leave her home. As the result of the pain, Noorjan Khatun promised to leave her home, however the beatings continued for another 15 minutes, following which she was ordered to jump up and down for another 10 minutes. Whenever Noorjan Khatun would cry out with pain, the policewomen would block her mouth with their palms.

On September 10, 2007, Noorjan Khatun vomited and also suffered from a severe headache and dizziness. She could not eat properly but was forced to finish her meal. Later the same day, she was taken to Koshi Zonal Hospital in Morang district, but she was not able to complain; however, she could not complain about her treatment due to the presence of policewomen.

Finally, she was released from the Morang DPO at around 5pm on September 10, 2007, following significant pressure on the police from her neighbours. She was not charged with any crimes and was not provided with any arrest and detention letters. At the time of her release, the police noted down her telephone number and also told her to come to the DPO when required. She is currently living at home and reportedly remains in fear of further arrests and abuse.

For his part, Mohammad Jabbar Miya was beaten regularly during the first five days following his arrest on September 4, 2007, for around half an hour, especially on his feet and buttocks. He was transferred to the Rani APO in Morang District on September 22, before being sent to Morang District Jail on October 5, 2007, having been sentenced as the result of his confession extracted under torture.

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 as those responsible for torturing Mohammed Pappu Miya and Mohammad Rajjabul Hussain Miya (please see previous appeal, UA-304-2007), 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 the policemen in question, 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 are being tried and convicted based on evidence extracted under torture. Judges should not consider such evidence as being 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 and Special Rapporteur on violence against women calling for their intervention into these cases.

To support this appeal, please click here:

Suggested letter:

Dear __________,

NEPAL: Another two cases of torture perpetrated by the same members of the Morang Police

Name of victims:
1) Mohammad Jabbar Miya, 19, a meat shop owner at Devkota Chowk, Biratnagar Municipality -10, Morang District, and a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang District.
2) Noorjan Khatun, a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District.
Name of alleged perpetrators:
Assistant Sub-Inspector (ASI) Balram Yadav, policeman Rajendra Mehata and Shyam Chaudhary
Date of incident: September 4, 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 more persons by the same three policemen from the Morang District Police Office (DPO) that have previously been accused of torturing detainees. 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.

Mohammad Jabbar Miya, 19, owns a meat shop at Devkota Chowk, Biratnagar Municipality -10, Morang District, and is a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang District. At around 4pm on September 4, 2007, he was arrested by Assistant Sub Inspector of Police (ASI) Mr. Balram Yadav and Shyam Chaudhary from the Morang DPO Morang, on allegations of robbery and rape.

After the arrest, he was handcuffed and taken to the Morang DPO where he was reportedly tortured. On 4 September 2007, he was interrogated at about 7pm by about 18-19 police personnel wearing civilian clothes, out of which he has been able to identify Balram Yadav, Shyam Chaudhary and Rajendra Mehata. Balram Yadav questioned him about a robbery, and when Mohammad Jabbar Miya stated his innocence and lack of knowledge concerning the case, Balram Yadav ordered Shyam Chaudhary to whip him. Soon other policemen joined in beating him on his head, chest, abdomen and neck. Then Shyam Chaudhary ordered another policeman to bring some water and a piece of cloth. Balram Yadav then blindfolded the victim who was then hit to force him to the floor. A policeman then started pouring water in his nose in an attempt to get him to admit his involvement in the robbery. When the victim screamed in pain a policeman put a boot in his mouth. He was whipped and beaten continuously for 30 minutes, after which he was taken for a medical examination, before being brought back to the Morang DPO.

At around 7pm the next day, September 5, 2007, he was taken to the women's cell, where a woman, the alleged owner of the robbed house, was present. Rajendra Mehata asked Mohammad Jabbar Miya if he recognized the woman, and when he said no, four policemen, including Rajendra Mehata, beat him with their batons. He was forced to sit on the floor with his feet up on a nearby sofa, and a policeman caught hold of his feet while another beat them with a wooden baton. Three or four other policemen also joined in whipping him for about half an hour in the presence of the owner. Then they forced him to jump up and down for about ten minutes before throwing him back in his cell.
 
Later that day, he was taken to his house, which the police searched to try to find the stolen goods. A policewoman started whipping Mohammad Jabbar Miya's aunt, Ms. Noorjan Khatun. Noorjan Khatun, a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District, was also arrested by the police. On the wooden Singhya River Bridge on the way to the DPO, Mohammad Jabbar Miya's hands were handcuffed behind his back and he was forced to lie down. The police then placed pistols on his forehead, temple and neck and forced him to admit guilt concerning the alleged robbery in question. Four unidentified police personnel also beat Noorjan Khatun with a stick on her thighs and with the butts of their rifles on her back. The policemen also warned both of them that they would be killed and buried in the banks of the Singhya River if they didn't tell the truth.

According to the information received, after torturing both Mohammad Jabbar Miya and Noorjan Khatun for about half an hour, the police took them to Morang DPO in a police van. Both of them were then taken to the women's cell and verbally abused and beaten with batons. On September 7, 2007, at about 10am, Noorjan Khatun and Mohammad Jabbar Miya were again taken to a woman's cell on the ground floor. A policewoman removed Noorjan Khatun's outer sari in the presence of three male policemen, Sub-Inspector Balram Yadav and two other policewomen. She was then beaten by police head constable (female) Bhagawoti Khatiwada and another policewoman with a stick, while being interrogated about the robbery. Noorjan Khatun started crying with pain but was shoved to the ground and one of the policewomen started beating on her feet with a stick. She was then forced to lie face down on the floor and both police women punched her back. SI Balram Yadav threatened her and told her to leave her home. As the result of the pain, Noorjan Khatun promised to leave her home, however the beatings continued for another 15 minutes, following which she was ordered to jump up and down for another 10 minutes. Whenever Noorjan Khatun would cry out with pain, the policewomen would block her mouth with their palms.

On September 10, 2007, Noorjan Khatun vomited and also suffered from a severe headache and dizziness. She could not eat properly but was forced to finish her meal. Later the same day, she was taken to Koshi Zonal Hospital in Morang district, but she was not able to complain; however, she could not complain about her treatment due to the presence of policewomen.

Finally, she was released from the Morang DPO at around 5pm on September 10, 2007, following significant pressure on the police from her neighbours. She was not charged with any crimes and was not provided with any arrest and detention letters. At the time of her release, the police noted down her telephone number and also told her to come to the DPO when required. She is currently living at home and reportedly remains in fear of further arrests and abuse.

For his part, Mohammad Jabbar Miya was beaten regularly during the first five days following his arrest on September 4, 2007, for around half an hour, especially on his feet and buttocks. He was transferred to the Rani APO in Morang District on September 22, before being sent to Morang District Jail on October 5, 2007, having been sentenced as the result of his confession extracted under torture.

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 as those responsible for torturing Mohammad Jabbar Miya and Mohammad Rajjabul Hussain Miya, 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 the policemen in question, 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 are being tried and convicted based on evidence extracted under torture. Judges should not consider such evidence as being 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. Finally, I urge you to intervene to ensure that no further threats, harassment, eviction, arrests, ill-treatment or torture are perpetrated against either victim in this case.

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 Update
Document ID :
UP-141-2007
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.