Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding another threat to a torture victim, Mr. Hom Bahadur Bagale by the police administration, which are responsible for investigating his torture incident. The victim was arbitrary detained and tortured by his senior officers in November 2002 because he refused to do work which he felt was not within his scope of duty. Since lodging a complaint against the perpetrators in court, he has been receiving constant threats and harassments from the perpetrators, while the police administration has collaborated with the perpetrators to pressure him to withdraw his case (see further: UA-76-2006).
Since 19 March 2006, the police administration has again barred Mr. Bagale from signing the attendance sheet. On March 20 he was taken to police headquarters amid tight security and Assistant Deputy Inspector General of Police Om Bikram Rana threatened to remove him from his job if he did not withdraw the cases against the perpetrators (his senior officers).
This is not the first time that such harassment has been directed at the victim. On 24 February 2003, the victim registered a writ petition of mandamus demanding interim orders to let him sign on the office registry and allow him to carry out duties corresponding to his post at the Patan Appellate Court. However, the court decided to adjourn the case without any enquiry on 4 June 2003 based on the perpetrators’ reply to the court that Mr. Bagale signs on the office attendance sheet and carries out his duties without any obstruction. There has been no progress in the court regarding this matter since then.
Meanwhile, Mr. Bagale, who could not bear the constant threats and intimidations, submitted his resignation on March 13 but the police administration has refused to accept it. He informed that the perpetrators were trying to terminate him from his profession instead of accepting his resignation to prevent him from receiving his pension. Mr. Bagale has served 22 years as a police officer. In Nepal, a person in the service who has served for 18 years is eligible for drawing a pension.
At the moment, two cases against the perpetrators have been filed in the court. The victim’s appeal case for compensation against his perpetrators is pending in the Patan Appellate Court and another appeal for directive, prohibitory orders against the perpetrators is in the Supreme Court of Nepal. However, the judicial process has been prolonged for over three years without giving justice to the victim. The courts have not conducted any effective enquiry into the incident. Furthermore, when the victim had tried to lodge a complaint with the Inspector General of Police (IGP) against the perpetrators, his complaint was refused by the secretariat of the IGP. The victim then sent his complaint to the IGP by registered mail on 25 December 2005. However, instead of conducting an investigation into the incident and taking action against the perpetrators, the police administration, including the IGP, took action against the victim instead and pressured him to withdraw his cases in the courts.
Meanwhile, the victim is receiving constant threats and harassment from the perpetrators. The AHRC has previously reported in our urgent appeal issued in February 2006 that Mr. Bagale had received death threats for several months and on one occasion, six unidentified men in civil clothes went to his house looking for him.
This case shows the graveness of the difficulties victims face when they seek justice. It is difficult to imagine how much harder the ordinary person, who might not have the knowledgeable that the victim has in this case, and who is from the most vulnerable sector of society, fights for justice within the legal system of Nepal.
SUGGESTED ACTION:
Please write to the relevant authorities in Nepal and within the UN requesting that a prompt and thorough investigation be conducted into this matter. Please also urge them to ensure that immediate and effective protection is provided to the victim. Please also request that pressure be placed on the local authorities to take strong legal/disciplinary action against the perpetrators. Please also ask that the Government of Nepal immediately implement the Convention Against Torture (CAT) Act into its domestic legislation so that torture perpetrators can be successfully prosecuted under national and international law.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr. Martin,
NEPAL: Constant threats and harassment of torture victim by the perpetrators
Name of the victim: Hom Bahadur Bagale, aged 41, Sub-Inspector attached to the Central Police Band Gulma (Battalion), Maharajganj, Kathmandu, Nepal, married with three children
Address of the victim: Ward No. 3, Sibar Village Development Committee (VDC), Lamjung District, Nepal (permanent address); currently resides at Ward no. 9, Manamaiju VDC, Kathmandu District
Name of alleged perpetrators of torture and constant threats:
1. Khadka Singh Gurung, the Deputy Superintendent of Police (DSP) of the Central Police Band Office (CPBO), Maharajganj, Kathmandu
2. Kuber Singh Rana, Superintendent of Police (SI) attached to Kathmandu District Police Office, Hanumandhoka (KDPO)
3. Yagnya Binod Pokharel, Inspector of the KDPO
4. Ganga Panta, Inspector of the KDPO
Name of alleged perpetrators of intimidation on 20 March 2006: Assistant Deputy Inspector General of Police Om Bikram Rana
I am writing to bring to your attention the constant threats and harassment of the torture victim mentioned above by the perpetrators as well as the police administration, which are responsible for investigating his torture incident.
According to the information I have received, since 19 March 2006 the police administration has again barred Mr. Bagale from signing on the attendance sheet. He was also taken to the police headquarters amid tight security on March 20 and threatened to withdraw his cases against the perpetrators (his senior officers) by Assistant Deputy Inspector General of Police Om Bikram Rana.
This is not the first time that such harassment has been directed at the victim. The victim had complained of similar incidents of harassment to the Patan Appellate Court but the court decided to adjourn the case without any enquiry on 4 June 2003 based on the perpetrators' version that the victim carries out his duties without any obstruction.
The victim has been constantly denied his right to a fair trial in the court. At the moment, two cases against the perpetrators have been filed in the court; the victim's appeal case for compensation against his perpetrators is pending in the Patan Appellate Court and another appeal for directive, prohibitory orders against the perpetrators is in the Supreme Court of Nepal. However, the courts have not conducted any effective enquiry into the incidents and judicial process has been prolonged for over three years without giving justice to the victim. Furthermore, I was also informed that the victim was denied his right to lodge a complaint with the Inspector General of Police (IGP) against the perpetrators when he approached the secretariat of the IGP in December 2005. Instead of conducting an investigation into the incident, the police administration, including the IGP, collaborated with the perpetrators to pressure him to withdraw the cases.
I was further informed that even though Mr. Bagale, who could not bear the constant threats and intimidation directed at him, submitted his resignation on March 13, the police administration refused to accept it. The victim is afraid that he will be terminated soon and will not receive any pension. Mr. Bagale has served 22 years as a police officer and in Nepal, when a person in the service serves for 18 years he is eligible for drawing a pension.
The victim was arbitrarily detained and brutally tortured by his senior officers in November 2002, after he refused to run a personal errand for his superior, believing it was beyond his scope of duty as a police officer. However, due to the victims legal actions against his perpetrators, he has been receiving countless threats to his life and harassment over the years.
In light of the above, I strongly urge you to order an independent and prompt investigation into this case and pressure the local authorities to take legal/disciplinary action against the perpetrators. I also urge you to take appropriate action to provide prompt and effective protection to the victim and his family. The perpetrators concerned should be temporarily suspended or transferred to another area to prevent further intimidation to the victim. Please also ensure that the victim can enjoy a fair trial and gain justice in the courts without further delay. Lastly, I ask you to urge the Government of Nepal to implement the Convention Against Torture (CAT) Act into the domestic legislation so that torture perpetrators can be successfully prosecuted and punished by law.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: +977 1 5524 366 or 5523 200
Fax: +977 1 5523 991 or 5523 986
Email: hrinfounit@undp.org
2. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955
3. Laxmi Bahadur Nirala
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np
4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np
5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
6. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
7. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
