Dear friends,
The Asian Human Rights Commission (AHRC) wishes to inform you of two further cases of arbitrary arrest and torture connected to the case of the brutal torture and attempted rape of one woman which we had reported previously (UA-177-2007). As in the previous case, the victims in both cases were arbitrarily arrested by the police on the street on 17 May 2007 and charged with setting fire to a government vehicle. They illustrate that the police arbitrarily arrested persons and used acts of torture for interrogation to extract confession from the victims. However, lack of successful prosecution and conviction against the alleged torture perpetrators together with inadequate local legislation allows that such abuses are continuously committed by police.
CASE DETAILS:
On 17 May 2007, Mr. Bhoj Raj Timilsina, the coordinator of Maoists Victims Group of Kathmandu, was allegedly arrested and badly beaten by the police with sticks. As a coordinator of the ‘Transportation Strike’, he had gone to Jadibuti and Koteshwor, Kathmandu. At about 10am when he observed the strike in Koteshwor, a squad of police came and arrested him. Some 15-20 policemen caught his neck and hands and manhandled him. The police beat the victim with sticks and kicked him with boots on different parts of his body. Beating was continued until he was brought to the police van nearby. Even after taken into the police van, he was assaulted for one hour all the way to the Gausala Metropolitan Police Sector, Kathmandu. At about 8pm he was transferred to the Singhadarbar Metropolitan Police Circle, Kathmandu and detained on the charge of setting fire to the government vehicle on the same day.
His arrest and detention was based on a complaint which alleged that two unknown males and two unknown females had set fire to the government vehicle. However, the victim was arbitrarily arrested without any concrete evidence although his name was not mentioned as the accused in this complaint. Mr. Bhoj Raj Timilsina was released on May 25 only after the said complaint was dropped by the complainant on that day.
Now the Advocacy Forum is preparing to file the case to concerned court to demand compensation for the victim under the Torture Compensation Act of Nepal.
Relating to the same case of incendiarism, Mr. Kalyan Budhathoki, the permanent resident of Ramechhap district who temporarily residing in Tinkune of Kathmandu, was arrested along with 11 other Maoist victims (his friends) by the security forces in Tinkune, Kathmandu on 17 May 2007. Mr. Kalyan and his friends were then allegedly beaten indiscriminately with sticks by the police. The police kicked them with the boots and punched them, accusing that they were responsible for setting fire on the government vehicle. They were then taken to the Metropolitan Police Circle, Newbaneshor and then to Gausala Metropolitan Police Circle, Kathmandu for the further investigation.
After short inquiry, nine persons among them were released on the same day, while three persons including Mr. Kalyan remained custody for further investigation. The three men were then transferred to Singhadarbar Metropolitan Police Circle, Kathmandu, at around 6pm on the same day after receiving the general medical check-up. On 25 May 2007, all the three were released, after the complaint was dropped. They all complain pains on their body.
In fact, the police arbitrarily arrested several persons relating to the said incendiary incident. The AHRC has earlier reported that alleged brutal torture and attempted rape of one woman by the police. This woman had also been arbitrarily arrested with the same charge on 17 May 2007. To see details of the case, see also UA-177-2007.
BACKGROUND INFORMATION:
On 17 May 2007, there was a ‘Transportation Strike’ in Kathmandu. The security forces arrested more than a dozen Maoists victims in different places with different charges. Some of the Maoists victims were charged of setting fire on government vehicle and others were trying to gather for the ‘Transportation Strike’.
The First Information Report (FIR) was given by the driver and some government officials who were inside the government vehicle which was set on fire. According to the FIR, the complaint stated that two unknown males and females had set fire on the vehicle but no names of the particular suspects were mentioned in the FIR.
The above cases illustrate that the police arbitrarily arrested persons and used acts of torture in interrogation process to extract confession from the victims. This shows poor investigation skills and brutal and unlawful manner of the investigation of the police forces in the country. Moreover, lack of successful prosecution and conviction against the alleged torture perpetrators allows that such abuses are continuously committed by police.
However, the Torture Compensation Act, 1996 created as the domestic legislation corresponding to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT), does not meet international standards to prevent and punish the acts of torture. Under this Act, the torture victims can only claim for compensation against the torture perpetrators.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to investigate the practice of torture by the police through immediate and thorough investigation and provide medical treatment and proper compensation to the victims. The AHRC is also writing to UN Special Rapporteur on the Question of Torture for its consideration.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Alleged torture of other 13 men by police in Kathmandu
Case 1
Name of victim: Mr. Bhoj Raj Timilsina; resides in Achham District; Coordinator of Maoists Victims Group of Kathmandu
Alleged perpetrators: Some 15-20 police from Gausala Metropolitan Police Sector, Kathmandu
Period of incident: from 17 May 2007 to 25 May 2007
Case 2
Name of victims:
1) Mr. Kalyan Budhathoki, the permanent residents of Ramechhap district; temporarily resides in Tinkune, Kathmandu
2) Other 11 Maoist victims (Victim 1’s friends)
Alleged perpetrators: Security forced from Metropolitan Police Circle, Newbaneshor, Kathmandu
Period of incident: From 17 May 2007 to 25 May 2007
I am deeply concerned by other two cases of illegal detention and torture by the police in Nepal. As you already know, there was a ‘Transportation Strike’ in different part of Kathmandu on 17 May 2007 and some of Maoists victims were arrested on charge of either setting fire on a government vehicle as suspects or gathering for the ‘Transportation Strike’.
In one case, Mr. Bhoj Raj Timilsina, the coordinator of Maoists Victims Group of Kathmandu, was arrested from Koteshwor and badly beaten by Some 15-20 policemen from the the Gausala Metropolitan Police Sector, Kathmandu on 17 May 2007. The police beat the victim with sticks and kicked him with boots on different parts of his body. He was first taken to the Gausala Metropolitan Police Sector, Kathmandu then to the Singhadarbar Metropolitan Police Circle. He was accused by the police of being involved in setting fire on the government vehicle on the same day. He was even warned to detain in jail for 10 years and further threatened to kill by the police and illegally detained for 7 days in Metropolitan Police Circle, Singhadarbar, Kathmandu. He was released on May 25 after the original complaint of the incident was dropped.
In another case, Mr. Kalyan Budhathoki, the permanent resident of Ramechhap district who temporarily residing in Tinkune of Kathmandu, was arrested along with 11 other Maoist victims (his friends) by the security forces in Tinkune, Kathmandu on May 17. All of them were allegedly beaten indiscriminately with sticks by the police. They were also accused with the same charge mentioned in the first case. They were then taken to the Metropolitan Police Circle, Newbaneshor and then to Gausala Metropolitan Police Circle, Kathmandu for the further investigation. Nine persons among them were released on the same day, while the remaining three including Mr. Kalyan Budhathoki were illegally detained for 8 days and released in Singhadarbar Metropolitan Police Circle, Kathmandu on May 25.
I want to inform you that the police in fact arbitrarily arrested several persons relating to the said incendiary incident. I think that you are aware that Kalpana Bhandari, a 30 year-old widow and driver, was also arrested by the police on May 17 with the same charge and subjected to brutal torture and attempted rape.
In fact, the lodged complaint did not indicate the names of any suspect, the police arrested indiscriminately the persons just observing the Strike or walking on the road without concrete evidence. The Nepal is a state party to the Convention Against Torture which obliges to protect and prevent its citizens from torture in internationally. While the Constitution of Nepal prohibits the practice of torture, Torture Compensation Act, 1999, the corresponding local legislation to the UN Convention against Torture (CAT) only enables the torture victims to claim compensation. Furthermore, lack of successful prosecution and conviction against the alleged torture perpetrators allows that torture are continuously committed by police in the country.
I also point out that some victims were released after being detained for 7-8 days at the police stations, without being produced before any court. As far as I know, a person arrested should be brought to the nearest magistrate within 24 hours after arrest by law. Such procedure was originally designed to ensure the right to security and prevent torture or ill-treatment of detainees. However, in these two cases, they were overly kept in the police stations.
It is believed that those responsible who used torture while they arrested the said victims have not received any proper investigation on their crimes. The continuance of enjoying impunity from such crimes lead to more ordinary process to beat, kick and punch to the suspects by the police. Only one thing to stop this continuance is the punishment through impartial investigation. In case that the police themselves are alleged suspects of practicing torture, there must need independent body or unit for investigation.
It is also reported that the said victims of the cases above complain their pains caused by torture. Medical treatment for them is another priority of concern. Compensation should be also granted to those victims. The Government of Nepal has to make sure that the torture which is enjoyed by the police must stop.
Therefore, I urge you to conduct thorough and effective investigation in this case without delay and if the practice of torture is proven, those responsible must be brought before the court without enjoying impunity any more. Proper compensation should be granted to the victims with medical treatment. Especially the loopholes that a perpetrator cay enjoy impunity should be removed either by enacting a law or amend a relevant law in accordance with the international human rights standards. I further urge you to establish proper mechanisms to monitor whether torture in possible occasions.
I look forward to your prompt 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 4211232
Email: moha@wlink.com.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attnoney@mos.com.np
3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
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. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
