Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the police’s refusal to register the complaint of Ang Dorje and Jangbu Sherpa who were beaten and illegally arrested by police officers from Metropolitan Police Circle, Maharjgunj, Kathmandu after they refused to pay a bribe on 9 February 2011. Their complaint was denied twice including by the Metropolitan police range, Hanuman Dhoka, the highest police office in Kathmandu District. As a State Party to the Convention against Torture, Nepal has the obligation to ensure the right to redress of the victims of torture, but the common rejection by the police of torture complaints undermines the realization of this right and provides the perpetrators with impunity.
CASE NARRATIVE:
The Asian Human Rights Commission has been informed by the Center for Victims of Torture (CVICT) that the police have failed twice to register the complaints of Ang Dorje Sherpa and Jangbu Sherpa.
In our previous urgent appeal, “Police ask for bribes and beat a couple in Kathmandu” we reported the torture of this couple of shop owners in Kathmandu Valley on 9 February 2011 after they had refused to pay a bribe that policemen from Metropolitan Police Circle, Maharjgunj, Kathmandu under the command of Inspector Om Prakash Khanal were trying to extort from them. After the torture, they were illegally arrested and brought to the police station without being informed of the grounds for such arrest and kept there until the night. The police also reportedly looted Rs. 25,070 from the couple’s house.
On 22 February 2011, Ang Dorje Sherpa and Jangbu Sherpa went to the Metropolitan police circle, Maharajgunj to register a First Information Report (FIR) in this case. The Deputy Superintendent of police Mr. Deepak Thapa, the highest-ranking police office in the police station, made them wait for a whole day in the police station before receiving them. The DSP then reportedly refused to register the FIR, saying that he could not do so as it would make the perpetrators lose their jobs. This is an open admission from a higher-ranking police officer that he is protecting lower-ranking policemen who have committed a grave abuse of power, therefore indirectly approving, accepting, and supporting the use of torture by police officers to collect bribes.
In our previous urgent appeal, we reported that Inspector Om Prakash Khanal who reportedly asked for the bribes and ordered the torture of the victims had openly admitted to DSP Thapa that the couple was tortured upon his orders. At that time, instead of condemning this abuse by a lower-ranking officer, the DSP mocked the couple saying “you filed case against the police in a torture incident in 2007, but you could not do anything and no police lost their jobs”, in reference to a previous case of torture of which Ang Dorje Sherpa was victim.
Further, on 23 February 2011, Ang Dorje Sherpa and Jangbu Sherpa went to the Metropolitan Police Range, Hanuman Dhoka, Kathmandu, the highest-ranking police office in Kathmandu District to lodge the FIR according to the State Cases Act, 1992 which states in its article 3 (5) that “in case the police personnel refuses to register the First Information Report […] the complainant shall lodge the First Information Report with the Chief District Officer or to the Police Office superior to the Police Office required to register the First Information Report“.
But Superintendent of Police Pushkar Karki, refused to receive the FIR before interrogating the lawyer who had written it and blamed the victims of having fabricated the incident to shame the names of the police officers.
The State Cases Act contains no provision stating that a case written by a tierce person cannot be filed unless the lawyer is directly interrogated by the police. On the contrary, the State Cases Regulations 1998 specify that “In case a person lodges a complaint or First Information Report in accordance with Sub-rule (1) through any person instead of appearing himself in the relevant police office, the relevant police office shall receive such complaint or First Information Report“. The AHRC therefore fears that the reason evoked by SP Pushkar Karki not to receive the FIR is a false excuse to avoid filing a case of torture and protect fellow police officers.
By refusing to accept complaints of police torture and placing the blames on the victims, the highest-ranking police officers hamper the right to redress of the victims and offer protection to their subordinates therefore indirectly giving their approval for acts of torture. Openly refusing to file an FIR to protect colleagues once more illustrates the failure of the police hierarchy in Nepal to ban human rights abuses within its ranks and its contribution to breaches to the rule of law.
Refusal by the police to register complaints of human right abuses involving their colleagues is common in Nepal and is only the first of a series of hardships and obstacles on the way of victims trying to access justice mechanisms to obtain legal redress. It therefore actively contributes to maintaining the existing impunity for acts of torture which deprives the ordinary citizens of any kind of legal protection against police violence.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for the accountability of those allegations of police torture, which includes filling the FIR and having the complaint adequately investigated by an independent body.
Please be informed that the AHRC will write a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and to the Field Office of the High Commissioner for Human Rights in Kathmandu, calling for their intervention in the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: The torture complaint of a couple of shop owners must be immediately registered and investigated
Names of the victims:
1. Ang Dorje Sherpa
2. Jangbu Sherpa
Both are permanent residents of Solukhumbu District, Goli VDC, Ward No. 6 and temporary residents of Mahankal VDC, Ward No. 5, Golphutar, Kathmandu District
Names of alleged perpetrators:
1. Inspector Om Prakash Khanal, Metropolitan police circle, Maharajgunj, Kathmandu
2. 7 to 8 police officers (name and position not known) working under Inspector Khanal’s command.
3.Deputy Superintendent of police (DSP) Deepak Thapa, Metropolitan police circle, Maharajgunj who refused to register the complaint of torture
Date of incident: 9 February 2011
Places of incident: The victim’s residence in Kathmandu district, Mahankal VDC, Ward No. 5, Golphutar and Metropolitan police circle, Maharajgunj, Kathmandu
I am writing to voice my deep concern regarding updated information I have received in the case of Ang Dorje Sherpa and Jangbu Sherpa.
You may have been already informed that this couple of shop owners in Kathmandu Valley was beaten on 9 February 2011 after they had refused to pay a bribe that policemen from Metropolitan Police Circle, Maharjgunj, Kathmandu under the command of Inspector Om Prakash Khanal were trying to extort from them. After the torture, they were reportedly illegally arrested and brought to the police station without being informed of the ground for such arrest and kept there until the night. I am further informed that the police reportedly looted Rs. 25,070 from the couple’s house.
On 22 February 2011, Ang Dorje Sherpa and Jangbu Sherpa went to the Metropolitan police circle, Maharajgunj to register a First Information Report (FIR) in this case. The Deputy Superintendent of police Mr. Deepak Thapa, the highest-ranking police officer in the police station, made them wait for a whole day in the police station before receiving them. The DSP then reportedly refused to register the FIR, saying that he could not do so as it would make the perpetrators lose their jobs. I want to underline here that the DSP was informed of the act of torture in front of the victims by Inspector Om Prakash Khanal, who was commanding the team who tortured and stole the victims, and at no point blamed his juniors for breaking the constitutional provisions prohibiting torture. I am appalled to hear that open admission from a higher-ranking police officer that he is protecting lower-ranking policemen who have committed a grave abuse of power, therefore indirectly approving, accepting, and supporting the use of torture by police officers to collect bribes.
Further, on 23 February 2011, Ang Dorje Sherpa and Jangbu Sherpa went to the Metropolitan Police Range, Hanuman Dhoka, Kathmandu, the highest-ranking police office in Kathmandu District to lodge the FIR according to the article 3 (5) of the State Cases Act, 1992.
But Superintendent of Police Pushkar Karki refused to receive the FIR before interrogating the lawyer who had written it and blamed the victims of having fabricated the incident to shame the names of the police officers.
I know that the State Cases Act contains no provision stating that a case written by a third person cannot be filed unless the person who wrote it is directly interrogated by the police. I therefore fear that the reason evoked by SP Pushkar Karki not to receive the FIR is a false excuse to avoid filing a case of torture and protect fellow police officers.
By refusing to accept complaints of police torture and placing the blames on the victims, the highest-ranking police officers hamper the right to redress of the victims and offer protection to their subordinates therefore indirectly giving their approval for acts of torture. Openly refusing to file an FIR to protect colleagues once more illustrates the failure of the police hierarchy in Nepal to ban human rights abuses within its ranks and its contribution to breaches to the rule of law.
I am aware that refusal by the police to register complaints of human right abuses involving their colleagues is common in Nepal and is only the first of a series of hardships and obstacles on the way of victims of torture trying to access justice mechanisms to obtain legal redress. I therefore urge you to immediately intervene in this case to:
1- Ensure the FIR is registered in the concerned police station
2- Ensure that the case is properly investigated by an independent body whose report must be made public.
3- If conclusive evidence are gathered by this independent body, the perpetrators must be prosecuted
4- Departmental sanctions must be taken against the police officers who refused to fulfill their duties by refusing to register the victims’ complaints to protect their colleagues
5- Ensure that the safety of the victims is protected during the course of the investigation and of the legal process.
I am looking forward to your intervention in this case.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ramesh Chand Thakuri
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Mr. Bed Battharai
LIM and PAC Department
National Human Rights Commission
Harihar Bhawan,
Lalitpur (Kathmandou)
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Yadhav Raj Khanal
Chief
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np
5. Home Minister,
Ministry of Home Affairs,
Singha Darbar,
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
6. Jhala Nath Khanal
Prime Minister
Office of the Prime Minister
Singh Darbar
Kathmandu
NEPAL
Fax: + 977 1 4211 086
E-mail: info@opmcm.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
