Dear friends,
The Asian Human Rights Commission (AHRC) is forwarding information from the International Secretariat of OMCT on the torture of a detainee by police officers, and his urgent need of medical assistance, in Nepal. Your urgent action is requested to correct this matter.
If you have any queries, please do not hesitate to contact the OMCT.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the torture of a detainee by police officers, and his urgent need of medical assistance, in Nepal.
According to the information received, Deepal Thapa, a 20-year-old man from Kathmandu, was arrested on September 20th, 2003 at around 9:00 p.m. He described the circumstances of his arrest to his lawyer on September 26th, who reports that on the day of his arrest, Mr. Thapa was going by taxi to Koteswor Kathmandu to meet a relative. He and the taxi driver quarrelled about the payment for the taxi, and a physical altercation took place. He ran away when a group gathered around them, and the police pursued and caught him. Two police officers in uniform proceeded to beat him on the back with the butt of their guns during the arrest. They also kicked him, forcing him to fall to the ground. He was transported in a police van to the Wada Police Station Koteswor. He was then taken to Hanumandhoka and to Kerkar for interrogation. There, he was beaten for 2-3 hours continuously. Two police officers reportedly beat him on his back, arms and thighs with a wooden stick and a plastic pipe. His legs were “rolled by a wooden stick” – which involves a heavy wooden pole being rolled up and down the victim’s legs, potentially including the additional weight of one or more of the persons involved in torturing the victim – and he was beaten with the plastic pipe on the soles of his feet. The police questioned him about the theft of a watch and Rs. 700, following a claim in made by the taxi driver.
Mr. Thapa’s lawyer also observed several red scars on his back, arms, and thighs at the time of the interview on September 26th. The victim is suffering from muscle pain and fever.
Mr. Thapa was brought before a judge on September 24th, but the judge did not ask him about his injuries. He has not yet received any medical treatment, for which he has an urgent need. Due to the Dashain Holidays, courts are currently closed for more than two weeks, and the police have not taken any initiative to take him to the hospital.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Thapa. OMCT urges the police to immediately grant him access to adequate medical assistance for any injuries he sustained as torture while in detention, and to order his immediate release in the absence of legal charges that are consistent with international law and standards. OMCT also calls on the authorities to launch an immediate and impartial investigation into the serious allegations of torture, in order to identify those responsible, bring them to trial, apply the penal and/or administrative sanctions as provided by law, and award adequate reparation to the victim.
Action requested
i. take all necessary measures to guarantee Deepal Thapa’s physical and psychological integrity;
ii. intervene with the proper authorities to ensure that his provided with adequate medical assistance as a matter of urgency;
iii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as
provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
1. Prime Minister, Rt Hon Lokendra Bahadur Chand, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal
Fax: +977 1 4 227 765 / +977 1 4 227286, Email: hmg@es.wlink.com.np
2. Deputy Prime Minister and Home Minister, Office of the Deputy Prime Minister, Singha Durbar, Kathmandu, Nepal
Fax: +977 1 424 0942
3. Foreign Secretary, Madhu Raman Acharya, Ministry of Foreign Affairs, Shital Niwas, Maharajgunj, Kathmandu, Nepal
Fax: +977 1 441 6016/6007
4. Ministry of Home Affairs, Human Rights Section, Singha Durbar, Kathmandu,
NEPAL Fax: +977 1 4 227 187, Email: homehmg@wlink.com.np
5. Ambassador to the United Nations, H.E. Gyan Chandra Acharya, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland
Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
6. Inspector General of Police, Shyam Bhakta Thapa, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal
Fax: +977 1 441 55 93 or 1 4415594
Please also write to the embassies of Nepal in your respective country.
Geneva, October 1st, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organizaci? Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel: 0041 22 809 49 39
Fax: 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
