Dear friends,
The Terai Human Rights Defenders (THRD) Alliance in Nepal has informed the Asian Human Rights Commission (AHRC) that Juglal Tharu, a 15-year-old, and Mr. Maneshor Tharu, a 28-year-old, both residents of ward 5, Binauna Village Development Committee (VDC), Banke District, have been arrested unlawfully on 14 October 2014 and tortured while in custody. Two others Godiya Tharu, a 51-year-old and Sukkhan Tharu, a 35-year-old have been arrested along with them, but they have not been tortured yet. Area Police Office Bilauniya handed them over to the Area Police Office Kohalpur, Banke District, on 15 October 2014. District Superintendent of Police (DSP) Janak Bahadur Shahi from the Area Police Office Kohalpur gave the order for torture. Three unidentified police officers tied the victims up and beat them with hands and bamboo sticks. The police are using torture and intimidation, in the absence of proper investigation or evidence, to force them to take responsibility for the crime.
CASE NARRATIVE:
Juglal Tharu, a 15-year-old (the AHRC has received copy of his birth certificate as verification), and Mr. Maneshor Tharu, a 28-year-old, are residents of ward number 5, Binauna VDC, Banke District. The two have been arrested and unlawfully detained since 14 October 2014. During this time, they have been tortured by the police that has been seeking to extract a confession regarding the murder of Lal Bahadur Chaudhari, a 65-year-old member of the Nepali Congress Village Committee, Bilauniya, who was found dead on October 14th.
At around 11 p.m. on the night of October 14th, the police from the Area Police Office Binauna arrested the two victims from their respective homes and took them to the station. No sufficient grounds for suspicion were given.
The Area Police Office Bilauniya handed them over to the Area Police Office Kohalpur, Banke District, on 15 October 2014. Mr. Janak Bahadur Shahi, the District Superintendent of Police (DSP), of the Area Police Office Kohalpur, Banke District gave the orders to torture both prisoners and force them to provide a confession to the crime. He also threatened them with electric shocks if they refused. Three unidentified police officers slapped them 25-30 times on their cheeks. Their legs were tied with a white cloth, with a short piece of bamboo wedged in, which they were asked to hold. While in this position, they were beaten with a big stick. The officers only stopped the torture when Juglal, unable to even stand up, collapsed. He could not stand properly for 3 days.
Juglal and Maneshor were kept in custody for 7 days, without being produced in court within 24 hours of arrest, as required by law. The police finally registered a civil offence case against them including 2 more, Godiya Tharu, a 51-year-old and Sukkhan Tharu, a 35-year-old, on 21 October 2014. Every day they were taken into a room where they saw a signboard written “Investigation Section”. DSP Shahi also used to utter foul words like “motherfuckers” and “murderers”, among others. He continued to use his constables to beat them into taking responsibility for the murder.
The police also used threats to warn them not to talk about the torture to anyone. However, a group of human rights activists were able to meet the victims on 22 October 2014. A police person (name withheld to maintain his safety and privacy) from the Area Police Office Kohalpur, admitted that the victims were arrested due to massive political pressure exerted by the Nepali Congress, which is running the current government. DSP Shahi is a supporter of the Nepali Congress. According to the police officer, the DSP is planning to register a murder case against the two victims in retaliation for reporting the torture to human rights activists. Chakra Bahadur also requested human rights activists to save them from such inhuman behavior.
Mr. Lal Bahadur Tharu, brother of Juglal Tharu, registered an appeal at the District Court, Banke, on 22 October 2014, asking for treatment of the wounds sustained during police torture. The victims are waiting for justice but the police are planning to register a fake murder case against the victim to obfuscate their own crimes.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of unlawful arrest and torture, and requesting immediate intervention.
The AHRC has written a separate letter to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………..,
NEPAL: Minor and adult unlawfully arrested and tortured
Name of victims:
1. Mr. Juglal Tharu, 15, ward 5, Binauna Village Development Committee, Banke District
2. Mr. Maneshor Tharu, 28, ward 5, Binauna Village Development Committee, Banke District
Names of alleged perpetrators:
1. Mr. Janak Bahadur Shahi, District Superintendent of Police, Area Police Office Kohalpur, Banke District
2. Unidentified police officers from the same station
Date of incident: 14 October 2014 to present
Place of incident: Area Police Office Kohalpur, Banke District, Nepal
I am writing to express my grave concern as Juglal Tharu, a 15-year-old (the AHRC has received copy of his birth certificate as verification), and Mr. Maneshor Tharu, a 28-year-old, were unlawfully detained and tortured by the police since 14 October 2014. They are residents of ward number 5, Binauna VDC, Banke District. During this time, they have been tortured by the police that has been seeking to extract a confession regarding the murder of Lal Bahadur Chaudhari, a 65-year-old member of the Nepali Congress Village Committee, Bilauniya, who was found dead on October 14th.
At around 11 p.m. on the night of October 14th, the police from the Area Police Office Binauna arrested the two victims from their respective homes and took them to the station. No sufficient grounds for suspicion were given.
The Area Police Office Bilauniya handed them over to the Area Police Office Kohalpur, Banke District, on 15 October 2014. Mr. Janak Bahadur Shahi, the District Superintendent of Police (DSP), of the Area Police Office Kohalpur, Banke District gave the orders to torture both prisoners and force them to provide a confession to the crime. He also threatened them with electric shocks if they refused. Three unidentified police officers slapped them 25-30 times on their cheeks. Their legs were tied with a white cloth, with a short piece of bamboo wedged in, which they were asked to hold. While in this position, they were beaten with a big stick. The officers only stopped the torture when Juglal, unable to even stand up, collapsed. He could not stand properly for 3 days.
I know that Juglal and Maneshor were kept in custody for 7 days, without being produced in court within 24 hours of arrest, as required by law. The police finally registered a civil offence case against them including 2 more, Godiya Tharu, a 51-year-old and Sukkhan Tharu, a 35-year-old, on 21 October 2014. Every day they were taken into a room where they saw a signboard written “Investigation Section”. DSP Shahi also used to utter foul words like “motherfuckers” and “murderers”, among others. He continued to use his constables to beat them into taking responsibility for the murder.
The police also used threats to warn them not to talk about the torture to anyone. However, a group of human rights activists were able to meet the victims on 22 October 2014. I know that a police person (name withheld to maintain his safety and privacy) from the Area Police Office Kohalpur, admitted that the victims were arrested due to massive political pressure exerted by the Nepali Congress, which is running the current government. DSP Shahi is a supporter of the Nepali Congress. I am concerned to know that the DSP is planning to register a murder case against the two victims in retaliation for reporting the torture to human rights activists. Chakra Bahadur also requested human rights activists to save them from such inhuman behavior.
Mr. Lal Bahadur Tharu, brother of Juglal Tharu, registered an appeal at the District Court, Banke, on 22 October 2014, asking for treatment of the wounds sustained during police torture. The victims are waiting for justice but the police are planning to register a fake murder case against the victim to obfuscate their own crimes.
I am concerned about the health and safety of Juglal and Maneshor. Therefore I urge the Government of Nepal to intervene immediately, conduct an investigation, and take immediate action. The police officers especially DSP Shahi should be immediately suspended and investigation should be carried out for torture and fake murder case charges.
I look forward to your immediate attention in this matter.
Yours Sincerely,
—————————————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
5. Mr. Upendra Kant Aryal
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
