Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Terai Human Rights Defenders Alliance (THRDA) that Mr. Santosh Shah was stopped by plain-clothed Assistant Sub-Inspector Bal Kanhaiya Thakur while he was on his way to Rautahat District to deliver sweets. The police officer demanded a bribe of NPR. 500. When Santosh denied having the money, and instead offered him some sweets, the officer started scolding and beating him in public. Such misuse of police authority, the demand for bribes and hitting innocent citizens in daylight indicates the increase of police highhandedness in Nepal.
CASE NARRATIVE:
Plain-clothed Assistant Sub-Inspector (ASI) Bal Kanhaiya Thakur, attached with the Area Police Office (APO) Ramnagar, resorted to beating Santosh Shah, a resident of Dhankaul Rural Municipality, ward number 6 of Sarlahi District at around 7 am on 15 March 2018. The plain clothed officer, on his morning walk, stopped Santosh Shah near Dhruwa Chowk of Ramnagar Rural Municipality. Santosh was heading towards Maulapur of Rautahat District, carrying around 100 kilograms of sweets on his motorcycle. ASI Thakur started inquiring into Santosh’s business, and eventually demanded a bribe of NPR. 500.
When Santosh denied having possession of NPR. 500, and instead offered the officer some sweets, ASI Thakur became furious and started abusing him in foul language. He also called Santosh a smuggler. ASI Thakur then took out the keys from Santosh’s motorcycle, and used them to hit Santosh on his stomach and below his navel. Santosh fell down, but ASI Thakur kept hitting him. Santosh was hit on his right eye, and kicked on his right shoulder. The assault lasted for around 15 minutes, until Santosh lost consciousness.
After that, the locals were able to take hold of ASI Thakur. They took Santosh to the District Hospital Malangwa for treatment, and informed his family. They also handed over ASI Thakur to the District Police Office.
Santosh Shah was referred to the National Teaching Hospital Birgunj for further treatment, and has now returned home.
The AHRC urges the Police to open a prompt and thorough investigation into this case. The ASI must be suspended from active duty during the extent of the investigation; and he must face stringent punishment. The Police should also offer to cover the cost of medical expenses incurred during the victim’s treatment.
SUGGESTED ACTION:
Please write letters to the following authorities, calling on them to take the necessary action against the Police Officer involved in this incident. He should be suspended immediately. A prompt and comprehensive investigation should be initiated.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, requesting his intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Plain-clothed officer hit innocent citizen for not paying bribe
Name of victim: Mr. Santosh Shah
Name of alleged perpetrator: Mr. Bal Kanhaiya Thakur, Assistant Sub-Inspector attached with the Area Police Office Ramnagar
Date of incident: 15 March 2018 to the present
Place of incident: Dhruwa Chowk, Ramnagar Rural Municipality, Sarlahi District, Province 2, Nepal
I am writing to voice my deep concern regarding Mr. Santosh Shah who was stopped by plain-clothed Assistant Sub-Inspector Bal Kanhaiya Thakur while he was on his way to Rautahat District to deliver sweets.
Plain-clothed Assistant Sub-Inspector (ASI) Bal Kanhaiya Thakur, attached with the Area Police Office (APO) Ramnagar, resorted to beating Santosh Shah, a resident of Dhankaul Rural Municipality, ward number 6 of Sarlahi District at around 7 am on 15 March 2018. The plain clothed officer, on his morning walk, stopped Santosh Shah near Dhruwa Chowk of Ramnagar Rural Municipality. Santosh was heading towards Maulapur of Rautahat District, carrying around 100 kilograms of sweets on his motorcycle. ASI Thakur started inquiring into Santosh’s business, and eventually demanded a bribe of NPR. 500.
When Santosh denied having possession of NPR. 500, and instead offered the officer some sweets, ASI Thakur became furious and started abusing him in foul language. He also called Santosh a smuggler. ASI Thakur then took out the keys from Santosh’s motorcycle, and used them to hit Santosh on his stomach and below his navel. Santosh fell down, but ASI Thakur kept hitting him. Santosh was hit on his right eye, and kicked on his right shoulder. The assault lasted for around 15 minutes, until Santosh lost consciousness.
After that, the locals were able to take hold of ASI Thakur. They took Santosh to the District Hospital Malangwa for treatment, and informed his family. They also handed over ASI Thakur to the District Police Office.
Santosh Shah was referred to the National Teaching Hospital Birgunj for further treatment, and has now returned home.
I urge the Police to open a prompt and thorough investigation into this case. The ASI must be suspended from active duty during the extent of the investigation; and he must face stringent punishment. The Police should also offer to cover the cost of medical expenses incurred during the victim’s treatment.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Khadga Prasad Sharma Oli
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Ram Bahadur Thapa ‘Badal’
Home Minister
Ministry of Home Affairs
Singh Durbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Agni Prasad Kharel
Attorney General
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
5. Mr. Prakash Aryal
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
