Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the alleged torture and illegal detention of two civilians namely Mr. Jonson Gurung and Mr. Raju Rai by the police of Metro Police Range (MPR) of Hanumandhoka, Kathmandu. According to the information received, both of them were subjected to torture by the investigating police officers of the Metro Police Range (MPR), Hanumandhoka on the charge of theft. Mr. Jonson Gurung was allegedly arrested by Traffic Police of Kathmandu on the suspicion of stealing a motorcycle but later handed over to Metro Police Sector of Singhadarbar on 7 March, 2007 as he was suspect of being involved in stealing gold. On March 8, he was taken to Metro Police Range of Hanumandhoka and beaten by police officers in order to force him to confess to the theft. Similarly, on 8 March, Mr. Raju Rai was arrested by the police from Metro Police Range of Hanumandhoka, Kathmandu on the charge of being involved in theft along with Mr. Jonson Gurung and beaten. Currently, they are detained in Metro Police Circle, Kalimati of Kathmandu and access to their family members is denied.
CASE DETAILS:
According to the information received, Mr. Jonson Gurung (19), a resident of Nayabaneshwor, Kathmandu district, was allegedly arrested on 7 March 2007 by some 12-13 traffic police personnel in civilian clothes from Basundhara, Kathmandu on the suspicion of being involved in stealing motorcycles. At about 2:00 pm, the traffic police from Traffic Police Office of Putalisadak, Kathmandu arrived at Basundhara of Kathmandu district in search of stolen motorcycles while he was playing video games.
After the arrest, he was taken to Traffic Police Office, Putalisadak for the further investigation. When he was just brought to the premises of Traffic Police Office, a stranger pointed out that he had involved in stealing gold two years earlier. Then, the traffic police handed him over to the Metro Police Sector (MPS) of Singhadarbar, Kathmandu stating that he was found involved in stealing gold. On March 8, he was transferred to Metro Police Range (MPR), Hanumandhoka, Kathmandu, for the further investigation.
In Metro Police Range, Hanumandhoka, some 2-3 investigating police officers of Interrogation Section first beat him with sticks and boots. Then again they beat him time and again with the boots and sticks and interrogated until he confessed his involvement in stealing gold. As he was threatened and tortured severely, he accepted his involvement in stealing gold. He said he was involved in a group with five of his friends but he was not involved directly.
Similarly, Mr. Raju Rai known as Rajan (21) permanent resident of Devisthan VDC-4 of Khotang district, was arrested from his rented room at Teku Kathmandu on 8 March 2007 by four civilian dressed security personnel of Metro Police Range of Hanumandhoka, Kathmandu on the charge of theft. He was accused of stealing gold according to the statement of Mr. Jonson Gurung who had been arrested on the previous day. After the arrest, he was taken to Metro Police Service, Hanumandhoka for the further investigation. On the second day, on March 9, a police officer in MPR Hanumandhoka tied his hands on the back, blindfolded and then beat him with boots and sticks on his head, legs and other parts of his body for some time. The police officer indiscriminately beat him until he accepted his involvement in stealing the gold. The police officer was beating him saying, ‘don’t you say yes! Don’t try to speak lie!’
Both the victims were illegally detained until 16 March 2007. With the continuous efforts of local human rights NGO Advocacy Forum Nepal, they were remanded to the court only on March 16.
On 16 March, 2007, the Metro Police Range (MPR), Hanumandhoka, Kathmandu transferred both of them to Metro Police Circle at Kalimati, Kathmandu.
Now, they are detained at Metro Police Circle, Kalimati but access to family members has been denied. The family members only could see them and hardly talk with them from around 10-15 meters far in the presence of police.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to conduct investigation into the alleged torture, arbitrary arrest and illegal detention. The AHRC also urges you to express your concern over the continuing use of torture, arbitrary arrest and illegal detention in police detention centres.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Two civilians subjected to torture while in detention, access to family denied
Name of victims:
1. Mr. Jonson Gurung, 19 year-old, permanent resident at Nayabaneshwor, Kathmandu district
2. Mr. Raju Rai known as Rajan, 21 year-old, permanent resident at Devisthan VDC-4 of Khotang district
Alleged perpetrators:
1. Some police officers attached to the Metro Police Range (MPR), Hanumandhoka, Kathmandu district
2. Some police officers of Metro Police Circle of Kalimati, Kathmandu district
Date of incident: 8 March 2007 to the present
Place of incident: Metro Police Range (MPR), Hanumandhoka, Kathmandu district and Metro Police Circle, Kalimati, Kathmandu
I am writing to you to express my grave concern over the alleged arbitrary arrest, torture and denial of access to family members of two victims- Mr. Jonson Gurung and Mr. Raju Rai- by the police personnel of Metro Police Range (MPR), Hanumandhoka, Kathmandu district, and Metro Police Circle, Kalimati, Kathmandu district.
According to the information received, the torture victim Mr. Jonson Gurung was allegedly arrested on 7 March, 2007 by some 12-13 civil dressed traffic police personnel from Basundhara, Kathmandu on the suspect to being involved in stealing motorcycles. After the arrest, he was taken to Traffic Police Office of Putalisadak, Kathmandu however he was transferred to the Metro Police Sector (MPS) of Singhadarbar, Kathmandu stating that he was found involved in stealing gold according to a stranger who encountered Mr. Gurung in the premises of the Traffic Police Office, Putalisadak. In MPS, Singhadarbar he was misbehaved by the police, and on the second day, on 8th March, he was transferred to Metro Police Range (MPR), Hanumandhoka, Kathmandu, for the further investigation.
In Metro Police Range, Hanumandhoka, some 2-3 investigating police officers of Interrogation Section beat him with sticks and boots for about 2-3 minutes. Then, they beat and threatened him time and again with the boots and sticks and interrogated until he confessed his involvement in stealing gold.
Similarly, another torture victim Mr. Raju Rai was arrested from his rented room at Teku Kathmandu on 8 March, 2007 by four civil dressed security personnel of Metro Police Range of Hanumandhoka, Kathmandu on the charge of theft. He was accused of stealing gold according to the statement given by Mr. Jonson Gurung who had been arrested on the previous day. After the arrest, he was taken to Metro Police Service, Hanumandhoka for the further investigation. On the second day, on 9 March, a police officer in MPR Hanumandhoka tied his hands on the back, blindfolded and then beat him with boots and sticks on his head, legs and other parts of his body for some 6-7 minutes. The police officer indiscriminately beat him until he accepted his involvement in stealing the gold. The police officer was beating him saying, ‘dont you say yes! Don’t try to speak lie!’
Both the victims were illegally detained until 16 March 2007. They were only remanded in the court only on 16 March, 2007 after the continuous efforts of local human rights NGO Advocacy Forum Nepal.
On 16 March, 2007, the Metro Police Range (MPR), Hanumandhoka, Kathmandu transferred both of them to Metro Police Circle at Kalimati, Kathmandu for the further investigation.
Now, they are detained at Metro Police Circle, Kalimati but the easy access to family members denied. The family members only could see them and hardly talk with them from around 10-15 meters far in the presence of police. They further said that they do not make access to family members for those who have been in investigation under the charge of theft.
To the best of my knowledge, arbitrary arrest and detention of citizens is clearly prohibited under article 9 of the International Covenant on Civil and Political Rights (ICCPR). Also, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) strictly demands the prohibition of torture at any level of state practices and the fulfilment of the state obligation to take effective legislative, administrative, judicial or other measures to prevent brutal acts of torture.
The Nepali government is a party to the ICCPR and CAT. I therefore strongly urge your actions in ensuring the immediate investigation into the case of arbitrary arrest and torture of the victim. I also urge you to take all necessary actions in providing effective methods to eliminate practice of arbitrary arrest and torture, and to ensure the easy family access to meet the victims.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com
3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
5. Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Email: hrcell@nepalpolice.gov.np
6. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 9179016 ((ATTENTION: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
