UPDATE (Nepal): Torture victim harassed and threatened with fabricated charges 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by its partner in Nepal, Advocacy Forum, about further developments to the case of 33-year old Mr. Teksu Rai, a permanent resident of Mahabharat VDC-8, Dhankuta district and restaurant owner, who was allegedly tortured by members of the Maharajgunj Ward police for refusing to pay protection money and is now facing threats of fabricated charges and further abuse.

In mid-April the Inspector of Police Mr. Bishow Ram Khadka had called all businessmen within his jurisdiction to his police station and informed them that they must pay a monthly fixed sum of protection money to the officers. Mr. Rai runs a local restaurant named the ‘Rock Bar Restaurant’ at Gangabu, Katmandu, which is under the jurisdiction of the Maharajgunj Ward police station. It is alleged that Mr. Rai had refused to pay off the police officers when they demanded a monthly bribe of Rs. 20,000 [$ 263 USD]. Mr. Rai was reportedly taken into custody on June 30, 2006 and brutally tortured, including repeated beatings with an iron bar, by the officers at the Maharajgunj Ward police station. As the result of the torture, Mr. Rai was admitted to Bir Hospital, from which he was later forcefully taken back to the police station and again tortured, before being released.

According to the information received, Mr. Teksu Rai is now under threat since he filed a case under the Torture Compensation Act and since his case received media coverage. Complaints were also filed on July 6, 2006, against the alleged perpetrators with the police’s human rights cell of police.

The alleged perpetrator, Inspector Bishow Raj Khadka, who has not been remanded in custody or suspended from active service, has reportedly visited Mr. Teksu Rai’s restaurant and harassed him. Mr. Teksu Rai’s has been threatened with fake allegations and being sent to prison if he does not withdraw the case against the inspector.

On July 2, 2006, Mr. Teksu Rai went to District Police Office, Kathmandu and reported the incident to Superintendent of Police Dhak Bahadur Karki. Following questioning, Inspector Bishow Raj Khadka reportedly confessed to having beaten Mr. Teksu Rai. Since this time, Mr. Teksu Rai, has repeatedly been pressured by the police to drop the case and accept a compromise settlement, but he has refused these offers.

On 16 August 2006, Advocacy Forum’s lawyer received a phone call requesting that the case be settled. That evening, the police at Ward Police Station, Maharajgunj went to Mr. Teksu Rai’s restaurant, with the alleged intent to again detain him, but he managed to escape. Despite continuing action by Mr. Teksu Rai’s legal council, the human rights cell has failed to advance with the investigation or to provide Mr. Teksu Rai with any protection, and has instead suggested that the victim accept to withdraw his complaints.

Following the political upheaval in Nepal in April 2006, which forced King Gyanendra into abandoning his stranglehold on the country and restore parliament, it was hoped that a new era of the respect for human rights would ensue. However, many actors within the country, both State-actors and members of the Maoist insurgency still profit from the lack of the rule of law and victimise the citizens of the country on a day-by-day basis.

The Asian Human Rights Commission (AHRC) condemns the alleged actions of Police Inspector Bishow Raj Khadka against Mr. Teksu Rai. The Nepalese authorities must immediately guarantee Mr. Teksu Rai’s physical and psychological integrity, notably by ordering that no further acts of intimidation be carried out against him by any State actors. Having filed a complaint under the Torture Compensation Act, Mr. Teksu Rai must be provided with immediate and effective protection. It is vital that the authorities establish a credible and secure witness protection system if impunity and the practices of torture and other grave human rights abuses are to be brought to an end in Nepal. The authorities must also pass a law criminalizing torture in Nepal.

Furthermore, the authorities must ensure the impartial, effective and thorough investigation of the allegations of torture and more recently of threats to which Mr. Teksu Rai has allegedly been subjected. The perpetrators of these acts must be brought to trial and, if found guilty, be punished in a manner commensurate with their crimes. Reparation that meets international standards must also be provided to the victim. In addition, the widespread racketeering that is carried out by members of the police must be halted, with all persons accused of being involved in such practices being immediately suspended without pay pending an investigation.

Other Relevant Facts:

Nepal has ratified the UN Convention against Torture, incorporating it into its domestic law under the Torture Compensation Act 2053 B.S (1996). However the application of this law is limited. The domestic law neither criminalises acts of torture nor does it prescribe means for its punishment. The maximum amount of compensation that can be awarded in a case of custodial torture is Rs. 100,000 [USD 1315] and represents the only possible means for redress for grievances of a victim. Even if a case can be filed under this act, the victim must still appoint a personal attorney to prosecute the case, whereas the perpetrators are entitled to the services of State Attorneys. Furthermore, the law provides for compensation be paid by the State and not by the perpetrators.

Currently, there is no law in Nepal that provides for witness protection. In all cases where the alleged perpetrators are from the armed forces or the police, the victims and witnesses are exposed to further retribution or acts of intimidation from the perpetrators of human rights violations.

SUGGESTED ACTION:

Please write letters to the concerned authorities requesting them to provide immediate protection to Mr. Teksu Rai and to conduct an impartial and thorough investigation into his case. All members of the police suspected of involvement with the torture and subsequent threats to which Mr. Teksu Rai has been subjected should be immediately suspended pending the completion of the investigation, and, if found guilty, should be prosecuted for their grave crimes. Adequate reparation, in line with international standards, should be awarded to the victim.

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