Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture of a Third Grade child, 10-year-old Fahad Khan Usmani, by two police officers from Area Police Office, Maghgawa on 2 April 2011. The boy was slapped, hung upside down and beaten on the soles of his feet with a bamboo stick in police custody to force him to repeal accusations of a racket at his school. No investigation has been launched into that case so far and the victim has been provided only limited medical treatment. Under the Children Act, 1992, torture of children is an offence punishable with one year imprisonment, nevertheless, no police officer has been so far convicted under those provisions, leading to a de facto impunity permitting the torture of children.
CASE NARRATIVE:
According to the information we have received from a reliable source based on a direct interview with the victim and the victim’s father, Fahad Khan Usmani, 10, their neighbour’s son ‘M’ regularly extorted money from him in school. As a result Usmani used to steal money from his house to give it to M. On 2 April 2011, Fahad’s father, Farrukh Ahemad Musalman came to know that his son stole 8,000 Rs./ from his home and had allegedly given it to M. Farrukh then visited M.’s home and asked his father to return the money but the two entered into an argument.
Then Farrukh went to Area Police Office at Maghgawa and filed a complaint of theft, asking for the police’s assistance to get his money back. Later the same day police called both parties to the police station. During the discussion at around 1.45 pm, Sub Inspector Bikram Sahani and Constable Mahendra Yadav took his son Fahad to a room inside the police station for inquiry. SI Sahani then reportedly slapped him to force him to confess that he had spent all the stolen money and had not given it to M. Fahad denied the allegation which angered the policemen. Then, Constable Yadav allegedly tied his legs with a rope, hung him upside down from a ceiling hook and beat him 15 to 20 times on the soles of his feet with a bamboo stick. The torture only stopped following intervention from another unidentified policeman.
As Fahad was brought outside the police station, crying, he informed his father about the torture. The victim’s father then requested an explanation from the policemen regarding the reason why they had tortured his son, but the policemen denied the allegation and hurried to release the victim after having his father sign a statement that Fahad had spent the money himself.
The victim was treated with homemade medicines. Though there were no external marks of torture, he complained of pain on the soles of his feet and cheeks. His right shin (below the knee) was swollen.
After the incident Farrukh filed an application to the District Administration Office, Rupandehi, which forwarded the application to the District Police Office, Rupandehi. On 10 April 2011 Sub Inspector Dhamala (name not known) from the DPO called Fahad and his father and took their statements. As Farrukh had not taken his spectacles with him that day, he requested SI Dhamala to read out the statement paper for him but the policeman said that he had written exactly what Farrukh had said. On 11 April 2011, Farrukh visited to DPO, Rupandehi and requested the same police officer to give him the statement so he could read it. The police officer refused to show the statement paper and informed him that the statement that Farrukh had signed the day before stipulated that he had compromised with M.’s father and that the case was therefore close. It is unknown whether the paper also mentions about the torture incident that Farrukh had reported.
We are also informed that the father filed applications to the District Child Welfare Committee, District Police Office but that no action has been taken in this case so far.
ADDITIONAL INFORMATION:
Taking a child for interrogation inside the police station without the presence of his parents is in contradiction of the rule four of the Juveniles Justice Regulations, 1996. The lack of implementation of those regulations is a source of strong concern as it creates situations in which the child is vulnerable to ill-treatment and abuse during the process of interrogation. Although the Children Act, 1992, states in its article 7 that acts of torture on a child are a criminal act which can be punished with a maximum of one year imprisonment, the AHRC is concerned that the general climate of impunity which prevails for torture perpetrators also applies in cases where children are the victims as not a single perpetrator has been convicted under that provision so far. This impunity de facto encourages and promotes torture: presently, juveniles are even more at risk of being tortured than adults, as was demonstrated by a June 2010 study by Advocacy Forum which showed that 22.3% of the juveniles in detention they interrogated between April 2009 and March 210 reported that they had undergone torture or other forms of ill-treatment at the time of arrest or detention. The full report and analysis of the impunity for torture of juveniles is available here.
SUGGESTED ACTION:
Please join us in writing to the authorities listing below to ask for a thorough investigation of this case of police torture, prosecutions of the perpetrators and compensation and medical treatment for the victim.
Please be informed that the AHRC is writing separate letters to the Office of the High Commissioner for Human Rights in Nepal, to the Special Rapporteur on Torture and other Cruel, Inhuman and degrading treatments and to the UN Committee on the Right to Child.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Torture of a juvenile by hanging upside down in police custody requires legal redress
Name of victim: Fahad Khan Usmani, 10 (DoB: 31 August 2000), 3rd grader at Moonlight Higher Secondary Boarding School, Siddhartha Municipality-8, Rupandehi district, son of Farrukh Ahamad Musalman, permanent resident of Bogadi VDC-8, Bhagaiya, Rupandehi
Names of alleged perpetrators:
1. Sub Inspector Bikram Sahani, Area Police Office (APO), Maghgawa, Rupandehi district
2. Constable Mahendra Yadav, Area Police Office (APO), Maghgawa, Rupandehi district
Date of incident: 2 April 2011, 1. 45 pm.
Place of incident: Area Police Office (APO), Maghgawa, Rupandehi district
I am writing to voice my deep concern regarding the torture of a ten-year old child in Area Police Office, Maghgawa, by hanging him upside down to force him to repeal an accusation of a racket going on his school.
According to the information I have received from the Asian Human Rights Commission, the son of Fahad Khan Usmani’s, (10) neighbour regularly extorted money in school. As a result Fahad used to steal money from his house to give it to M. On 2 April 2011, Fahad’s father, Farrukh Ahemad Musalman came to know that his son stole Rs. 8,000.00 from his home and had allegedly given it to the same boy. Farrukh then visited M.’s home and asked the boy’s father to the return the money but the two entered into an argument.
Then Farrukh went to Area Police Office, Maghgawa and filed a complaint of theft, asking for the police’s assistance to get his money back. Later the same day police called both parties at the APO. During the discussion at around 1.45 pm, Sub Inspector Bikram Sahani and Constable Mahendra Yadav took Fahad to a room inside the police station for inquiry. I am shocked to hear that the policemen took a child, unaccompanied, for interrogation without the presence of the father, in clear contradiction to the guidelines of the Juvenile Justice (Procedure) Regulations 2006 and which clearly exposes the child to ill-treatment and torture during the course of interrogation.
I am appalled to hear that SI Sahani then reportedly slapped the child to force to confess that he had spent all the stolen money and had not given it to his schoolmate. Fahad denied the allegation which angered the policemen. I am further concerned to hear that then, Constable Yadav allegedly tied his legs with a rope, hung him upside down from a ceiling hook and beat him 15 to 20 times on the soles of his feet with a bamboo stick. The torture only stopped following intervention from another unidentified policeman.
Fahad was brought outside the police station, crying, and he informed his father about the torture. The victim’s father then requested an explanation from the policemen regarding the reason why they had tortured his son, but the policemen denied the allegation and hurried to release the victim after having his father sign a statement saying that Fahad had spent the money himself.
The victim was treated with homemade medicines. Please be informed that though there were no external marks of torture, he complained of pain on the soles of his feet and cheeks. His right shin was swollen.
I am further informed that after the incident Farrukh filed an application to the District Administration Office, Rupandehi, which forwarded the application to the District Police Office, Rupandehi. On 10 April 2011 Sub Inspector Dhamala (name not known) from the DPO called Fahad and his father and took their statements. As Farrukh had not taken his spectacles with him that day, he requested SI Dhamala to read out the statement paper for him but I am concerned that the policeman said that he had written exactly what Farrukh had said and did not show the content of the record. On 11 April 2011, Farrukh visited to DPO, Rupandehi and requested the same police officer to give him the statement to read. The police officer refused to show the statement paper and informed that the statement that Farrukh had signed the day before stipulated that he had compromised with M.’s father and that the case was therefore close. It is unknown whether the paper also mentions about the torture incident that Farrukh had mentioned.
I am also informed that the father filed applications to the District Child Welfare Committee, District Police Office but that no action has been taken in this case so far.
According to the Article 7 of the Children Act, 1992, torturing a child is a criminal offence and the perpetrators can be liable to a term of one year imprisonment. Nevertheless, I know that no one has actually been convicted under this provision so far. I therefore strongly urge you to take immediate action into this case to ensure that an impartial and credible investigation will be conducted by an independent body into the allegations of torture and mistreatment, and that the perpetrators will be prosecuted according to the provisions of the law. The victim must be provided appropriate medical treatment and his expenses must be covered. He and his family must be provided adequate protection during the length of the course process.
I am looking forward to your intervention in that case,
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432 +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Dr. Yuba Raj Sangraula
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. DSP Bishwa Adhikari
Acting Head
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618.004411705.004420542
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 .00 4211264
6. Minister of Women, Children and Social Welfare
Singha Durbar,
Kathmandu,
NEPAL
Tel: +977 1 4200408
Fax: +977 1 4200116
Email: mail@mowcsw.gov.np
7. 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)
