Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning the custodial death on October 16th, 2006 of 32-year old Indian citizen Mr. Manoj Das. It is alleged that Mr. Manoj Das was tortured by the police while in detention at the Janasewa Ward Police Office, Kathmandu, following his arrest on October 15, 2006. There are serious concerns that this death will not be fully or effectively investigated and that the alleged perpetrators of the torture that preceded Mr. Manoj Das’ death will go unpunished. In Nepal, perpetrators of torture and a broad range of other grave human rights violations typically enjoy impunity for their actions, as investigations are frequently cursory, lacking in independence or designed to cover up abuses carried out by members of the authorities.
Mr. Manoj Das was reportedly arrested along with Mr. Arun Das on 15th October under the charge of robbery, having been accused of stealing 24,000 rupees from Ms. Binita Neupane, a staff-member of the Bank of Kathmandu, while she was at work. The police arrested them following evidence of this act allegedly provided by CCTV video recordings in the bank. Sagar Das and Rohit Das were also reportedly arrested on the same day with the help of information provided by Manoj and Arun Das.
Police Inspector Nanti Raj Gurung of Janasewa Ward Police Station, Kathmandu has stated that Manoj Das was interrogated and tortured at his command. It is believed that Mr. Arun Das also underwent similar treatment. This admission shows the extent to which the use of torture and impunity for its use have become ingrained in the policing system in the country. Police Inspector Nanti Raj Gurung has clearly stated that he had instructed assistant police inspector Narayan Pandit and police junior Surendra Adhikari to beat Manoj Das with a plastic pipe on the soles of his feet for around 10 minutes and then make him jump up and down on his feet for around half an hour.
When questioned about Mr. Manoj Das’ custodial death, District Superintendent of Police (DSP) Sharad Kumar Oli of the District Police Office, Kathmandu, also revealed that the victim was tortured during interrogation, but claimed that he had died as the result of being weakened by a heavy case of diarrhea. DSP Oli further stated that the victim had gone to the toilet due to his illness, and had later been found unconscious inside the toilet. According to these claims, he was immediately taken to Bir Hospital, where the doctors declared him dead. Mr. Manoj Das is alleged to have been suffering from heart disease, for which he was taking medication. After his death, his body was taken to T.U. Teaching Hospital Maharajganj, Kathmandu for a postmortem examination, with the report expected to be produced in the next few days.
After the incident, the Police Headquarters in Naxal, Kathmandu formed a three-member probe team to investigate the case. The committee is led by Superintendent of Police of Kathmandu Valley Crime Investigation branch, Keshav Adhikari. While the formation of a team to investigate this case is welcomed, there remain concerns as to whether it will be effective, independent and able to deliver justice in this case. Given that there have been clear admissions of torture by members of the police concerning this case, it is hoped that the investigation will lead to the prosecution of anyone found to have been responsible for these acts. If the postmortem finds that the use of torture led to Mr. Manoj Das’ death, the perpetrators should be punished accordingly.
SUGGESTED ACTION:
The AHRC is seriously concerned by the allegations of the use of torture on Mr. Manoj Das and Mr. Arun Das and the subsequent custodial death of the former. The frank admissions of the use of torture by police officials is also a serious concern, as it underlines the routine nature of this practice in the country and the impunity with which it is perpetrated. It is hoped that the investigation that has been launched into this situation will lead to the appropriate punishment of those found to be responsible for these acts. We therefore ask that you please send letters urging the authorities in Nepal to ensure a prompt, independent and effective investigation into these acts, in order to bring the bring the perpetrators to justice and award adequate reparation to the victims or their families. Please also urge the authorities to produce legislation criminalizing torture in Nepal, so that any future use of this practice can be punished in line with international standards, as is required under the United Nations Convention Against Torture, to which Nepal is party.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear___________,
NEPAL: Custodial death of Mr. Manoj Das following alleged torture by the police
Name of victim of custodial death and torture:
1. Mr. Manoj Das
Name of victim of torture:
2. Mr. Arun Das
I am gravely concerned by information that I have received concerning the custodial death on October 16th, 2006 of 32-year old Indian citizen Mr. Manoj Das. It is alleged that Mr. Manoj Das was tortured by the police while in detention at the Janasewa Ward Police Office, Kathmandu, following his arrest on October 15, 2006. I remain seriously concerned that this death will not be fully or effectively investigated and the alleged perpetrators of the torture that preceded Mr. Manoj Das’ death will go unpunished. In Nepal, perpetrators of torture and a broad range of other grave human rights violations typically enjoy impunity for their actions, as investigations are frequently cursory, lacking in independence or designed to cover up abuses carried out by members of the authorities. I hope that this will not be the case with regard to this incident.
Mr. Manoj Das was reportedly arrested along with Mr. Arun Das on 15th October under the charge of robbery, having been accused of stealing 24,000 rupees from Ms. Binita Neupane, a staff-member of the Bank of Kathmandu, while she was at work. The police arrested them following evidence of this act allegedly provided by CCTV video recordings in the bank. Sagar Das and Rohit Das were also reportedly arrested on the same day with the help of information provided by Manoj and Arun Das. I hereby urge you to ensure that the personal integrity of these persons in guaranteed at all times.
I am outraged by the fact that Police Inspector Nanti Raj Gurung of Janasewa Ward Police Station, Kathmandu has admitted that Manoj Das was interrogated and tortured at his command. It is believed that Mr. Arun Das also underwent similar treatment. This admission shows the extent to which the use of torture and impunity for its use have become ingrained in the policing system in the country. Police Inspector Nanti Raj Gurung has clearly stated that he had instructed assistant police inspector Narayan Pandit and police junior Surendra Adhikari to beat Manoj Das with a plastic pipe on the soles of his feet for around 10 minutes and then make him jump up and down on his feet for around half an hour.
When questioned about Mr. Manoj Das’ custodial death, District Superintendent of Police (DSP) Sharad Kumar Oli of the District Police Office, Kathmandu, also revealed that the victim was tortured during interrogation, but claimed that he had died as the result of being weakened by a heavy case of diarrhea. DSP Oli further stated that the victim had gone to the toilet due to his illness, and had later been found unconscious inside the toilet. According to these claims, he was immediately taken to Bir Hospital, where the doctors declared him dead. Mr. Manoj Das is alleged to have been suffering from heart disease, for which he was taking medication. After his death, his body was taken to T.U. Teaching Hospital Maharajganj, Kathmandu for a postmortem examination, with the report expected to be produced in the next few days.
After the incident, the Police Headquarters in Naxal, Kathmandu formed a three-member probe team to investigate the case. The committee is led by Superintendent of Police of Kathmandu Valley Crime Investigation branch, Keshav Adhikari. While the formation of a team to investigate this case is welcomed, there remain concerns as to whether it will be effective, independent and able to deliver justice in this case. Given that there have been admissions of torture by members of the police concerning this case, it is hoped that the investigation will lead to the prosecution of anyone found to have been responsible for these acts. If the postmortem finds that the use of torture led to Mr. Manoj Das’ death, the perpetrators should be punished accordingly. Furthermore, I hereby urge you to take all necessary measures to ensure that legislation that criminalizes torture is enacted, in order to deter future violations of this type and ensure punishment for perpetrators in line with international standards, as is required under the United Nations Convention Against Torture, to which Nepal is party.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Prime Minister Girija Prasad Koirala
Prime Minister’s office
Singha Durbar
Kathmandu, Nepal
Email: info@opmch.gov.np
Fax: + 977 142 27286
2. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np
3. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com
4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org
5. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
6. Police HR Cell
Human Rights Cell,
Nepal Police
Email: hrcell@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
