NEPAL: Police torture man in public

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-054-2016
ISSUES: Impunity, Police violence, Torture,

Dear Friends,

The Terai Human Rights Defenders Alliance (THRDA) has informed the Asian Human Rights Commission (AHRC) that two police officers attached with Area Police Office Semari Nawalparasi District tortured Tejman Prasad Chaudhary (54), resident of Ward number 3, Jamuniya village development committee (VDC) Nawalparasi district, in public and kept him under illegal detention. This is yet another example exposing the Nepal police’s routine brutality.

CASE DETAILS: 

The AHRC has received information that Tejman Prasad Chaudhary (54) was riding a motorcycle to Semari Chowk at around 9 a.m. on 16 May 2016. As the road near Semari Chowk has been graveled, dust flew and landed on Police Constable Birendra Chaudhary (Kurmi) who was on security at Shree Adarsh Higher Secondary School Semari, where exams for grade 12 were ongoing. 

Police Constable Chaudhary blew his whistle, and told Tejman to stop. Tejman stopped the motorcycle, and asked what had happened. Constable Chaudhary responded in foul language, and said how can people like Tejman drive away putting dust on a police officer. Tejman simply replied that it is not his fault; the government is to blame for making a graveled road. Tejman also asked how can a police officer behave like that.

Furious, Constable Chaudhary pounced on Tejman with punches. When Tejman fell down, another Police Constable Ram Naresh Gupta joined in, and both of them used bamboo sticks to hit him all over his body, including his back, chest, hands, and legs for around 20 minutes. Both Police Constables were using foul words, and beating Tejman in front of a huge crowd that had gathered. 

After 30 minutes later, they handcuffed and brought Tejman at Area Police Office Semari. Constable Chaudhary locked Tejman into one of the rooms, and hit him again 5-7 times with a bamboo stick. 

Tejman was not provided with an arrest warrant, resulting in illegal detention. The locals who saw the police torturing Tejman in public, protested outside the police station, and burnt tires, asking for Tejman’s prompt release. The locals protested for about five hours, and blocked the road outside the local police station. Due to immense public pressure, the police released Tejman at 2 p.m. the same day.

After being released, Tejman went straight to JPHC, a local medical institution for treatment. Tejman has sustained injuries to his hands, legs, mouth, back, and his head. Blue marks are visible all over his body. He cannot sit, walk, or sleep properly, all results of the police torture. 

The victim tried to file a complaint at Area Police Office Semari, against Police Constables Birendra Chaudhary (Kurmi) and Ram Naresh Gupta for torturing him in public, and putting him in illegal detention, but the police refused to register his complaint. 


Tejman is filing a case at the District Court Nawalparasi asking for punishment and compensation for the brutal police torture he underwent. 

SUGGESTED ACTION: 

Please write letters to the following authorities calling on them to take necessary action against the police officers involved in this case. Senior police authorities must immediately suspend the alleged police officers involved, and initiate action against them after due process of investigation into police torture. The victim should receive proper medical treatment, and must be provided compensation as per Nepal’s Torture Compensation Act (TCA) 1996.

The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for its intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

NEPAL: Police torture man in public

Name of victims: Tejman Prasad Chaudhary 
Alleged Perpetrators: Police Constables Birendra Chaudhary & Ram Naresh Gupta, Area Police Office, Semari, Nawalparasi District 
Date of incident: 16 May 2016 to present
Place of incident: Semari Chowk, Nawalparasi District

I am writing to voice my deep concern as police officers attached with Area Police Office Semari of Nawalparasi District tortured Tejman Prasad Chaudhary (54), resident of Ward number 3, Jamuniya village development committee (VDC) Nawalparasi district, in public and kept him under illegal detention.

Tejman was riding a motorcycle to Semari Chowk at around 9 a.m. on 16 May 2016. As the road near Semari Chowk has been graveled, dust flew and landed on Police Constable Birendra Chaudhary (Kurmi) who was on security at Shree Adarsh Higher Secondary School Semari, where exams for grade 12 were ongoing.

Police Constable Chaudhary blew his whistle, and told Tejman to stop. Tejman stopped the motorcycle, and asked what had happened. Constable Chaudhary responded in foul language, and said how can people like Tejman drive away putting dust on a police officer. Tejman simply replied that it is not his fault; the government is to blame for making a graveled road. Tejman also asked how can a police officer behave like that.

Furious, Constable Chaudhary pounced on Tejman with punches. When Tejman fell down, another Police Constable Ram Naresh Gupta joined in, and both of them used bamboo sticks to hit him all over his body, including his back, chest, hands, and legs for around 20 minutes. Both Police Constables were using foul words, and beating Tejman in front of a huge crowd that had gathered.

After 30 minutes later, they handcuffed and brought Tejman at Area Police Office Semari. Constable Chaudhary locked Tejman into one of the rooms, and hit him again 5-7 times with a bamboo stick.

Tejman was not provided with an arrest warrant, resulting in illegal detention. The locals who saw the police torturing Tejman in public, protested outside the police station, and burnt tires, asking for Tejman’s prompt release. The locals protested for about five hours, and blocked the road outside the local police station. Due to immense public pressure, the police released Tejman at 2 p.m. the same day.

After being released, Tejman went straight to JPHC, a local medical institution for treatment. Tejman has sustained injuries to his hands, legs, mouth, back, and his head. Blue marks are visible all over his body. He cannot sit, walk, or sleep properly, all results of the police torture.

The victim tried to file a complaint at Area Police Office Semari, against Police Constables Birendra Chaudhary (Kurmi) and Ram Naresh Gupta for torturing him in public, and putting him in illegal detention, but the police refused to register his complaint.

Tejman is filing a case at the District Court Nawalparasi asking for punishment and compensation for the brutal police torture he underwent.

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. Shakti Bahadur Basnet
Home Minister of Nepal
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. Hari Phuyal
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. Upendra Kant 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 Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-054-2016
Countries : Nepal,
Issues : Impunity, Police violence, Torture,