NEPAL: A man arbitrarily detained and tortured by the ranger and his subordinate of the Royal Sukla Fhata National Park of Maj-Gwan Kanchanpur, Nepal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal torture, arbitrary arrest and 19 day illegal detention of a man by the ranger and his subordinate of the Royal Sukla Fhata National Park of Maj-Gwan Kanchanpur, Nepal.

Kar Bir Singh was suspected by park ranger, Mr Ashok Kumar Shah and his subordinate, Mr Laxmi Datta Panta of tree smuggling. Rather than investigate the matter properly or use proper procedure to pursue the case, the two men took Kar Bir into their detention for 19 days where Ashok brutally beat the victim, while Laxmi looked on. The victim was deprived of food and proper medical attention, and was unable to access family, friends or any legal assistance during his detention. As a result of his torture, Kar Bir suffered two broken hands, three broken ribs, impaired vision, and severe wounds.

When a lawyer from Advocacy Forum filed a torture compensation case against the park warden, Ashok and Laxmi with the district court of Kanchanpur, Ashok informed the summons deliverer that they should have killed Kar Bir. He also threatened that he could still kill Kar Bir, along with his lawyer, Tirtha Raj Panta. This is not the first threat made against the lawyer. In recent days he has had several serious threats made against him regarding cases he has filed in regards to torture claims.

Owing to the heinous crimes committed against Kar Bir, we ask that you write to the relevant authorities immediately requesting their intervention in this matter. A thorough and independent investigation must be conducted without delay into Kar Bir’s arrest, detention and torture. If the allegations are found true, legal action must be taken against the offending persons. Further, if within the investigation it is established that Ashok Kumar Shah made threats against the life of human rights defender, Tithra Raj Panta, then he must likewise face legal action regarding this.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

On 5 November 2005, at around 7am, the Ranger of the Royal Sukla Fhata National Park of Maj-Gwan Kanchanpur, Mr. Ashok Kumar Shah, and his subordinate Laxmi Datta Panta, approached Kar Bir Singh at his home. After accusing him of timber smuggling, the men took Kar Bir to the National Park’s office and detained him there. No arrest warrant was produced and no proper explanation was given as to why Kar Bir was being detained. He was detained the entire day and given no food. It was not until the next day that an arrest letter was produced.

Three days after the arrest, Madan Datta Bhatta, one of the guards at the park, took Kar Bir to Ahok’s quarter at 8pm. Ashok and Laxmi were in the room and they asked Kar Bir to sit on the ground. Laxmi then said “now you are in the hands of a tiger. Your bones need to be softened and your joints to be damaged.” Kar Bir strongly denied any involvement in timber smuggling. In response Ashok picked up an axe, and with its handle, beat Kar Bir across the back. Ashok then took a drink of alcohol and returned to Kar Bir, beating him with the axe handle over his entire body. At least 12 violent strokes of the axe handle were made. Ashok then stopped again, before proceeding once more with the beating.

Kar Bir pleaded with Laxmi to ask Ashok to stop the beating or he would die. But Laxmi just laughed at Kar Bir and told him he should tell the truth. Ashok boasted that no one could stop him if he did not want to and that he could in fact kill Kar Bir and dump his body in the forest. When Kar Bir continued to deny involvement in the timber smuggling, Ashok beat him once again. Kar Bir’s leg started to bleed from a wound he had received. After seeing the blood, only then did Laxmi tell Ashok that Kar Bir might die. Ashok claimed that he had impunity to kill such people and then struck Kar Bir incredibly hard with the axe handle in his ribs. At that point Kar Bir fainted. He woke up approximately 15 minutes later and was in immense pain. His body was swollen and covered in cuts and bruises. He was then taken back to the detention room.

Kar Bir was given medical attention, but only mild pain killers were prescribed. He could not eat for five days and he had immense difficulty in moving.

On 13 November 2005, Kar Bir was again produced before Ashok at his quarter. Ashok and Laxmi were drinking alcohol. They again asked Kar Bir to admit to timber smuggling, but he refused to do so. Ashok then beat him on his buttocks with a bamboo stick for at least five strokes. Kar Bir was then taken back to the detention room once more.

For 13 days Kar Bir had access to no family, friends or proper medical attention. Not until 18 November 2005 were his family allowed to make contact with him. That evening he was taken to the Mahendranagar Zonal hospital, but after receiving a phone call from Ashok, the hospital staff would only provide Kar Bir with mild pain killers. He was taken back to the park’s office and detained there until November 24. On that day he was bailed on Rs. 28,250.00.

On November 25 the Mahendranagar hospital did x-rays on Kar Bir and after establishing that several bones were broken, they advised him to go to a better medical facility. Therefore he went to the teaching hospital of Kohalpur, Banke on November 26. The x-ray report revealed that both of his hands and three ribs were broken. It was also found that his vision had been impaired and that he had two wounds below his left knee. A doctor then operated on Kar Bir and placed a steal rod in his right hand.

Advocacy Forum Kanchanpur helped Kar Bir file a torture compensation case against the warden, Tika Ram Adhikarai, the ranger, Ashok Kumar Shah, and his subordinate, Laxmi Datta Panta of the National Park. The case was drafted by Tirtha Raj Panta and it was filed in the district court of Kanchanpur on 11 December 2005. The National Park received the court’s summon on 10 January 2006 at which point Ashok informed the deliverer that they should not have left Kar Bir alive and that they could still easily kill him and his lawyer. He also said that the law would not stop him from doing this again. Kar Bir’s brother was also threatened and told that he should convince Kar Bir to have the case withdrawn.

This is not the first time lawyer Tirtha Raj Panta has been threatened for defending victims of crime. As reported in our appeal UA-027-2006, Tirtha Raj Panta has received several threats in recent days following his filing of a torture compensation case regarding another incident. That a human rights defender has such serious threats made against him is completely unacceptable and a matter requiring intervention without delay.

SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their urgent intervention in ensuring the safety of the victim and in seeking legal action against those park officers who tortured him while in their custody. Please also note the threats made against lawyer Tirtha Raj Panta and voice your condemnation of such conduct against a human rights defender.

 

 

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