Dear friends,
The Asian Human Rights Commission (AHRC) is gravely concerned by the alleged torture of Mr. Kalam Miya, a 27-year-old manual worker and permanent resident of Pakali VDC-3, Sunsari district, Nepal on July 30 and 31, 2007 by the police. Following his arrest, Mr. Kalam Miya was reportedly threatened with death and tortured for lengthy periods in order to force him to confess to having committed a crime, resulting in physical injuries that still require treatment and his continuing arbitrary detention to date. This case is a clear example of the widespread practice of the use of torture as a substitute for investigations into crimes by the police. Individuals, most commonly the poor, are arbitrarily arrested and tortured into admitting to a crime they did not commit, while those responsible for the crime remain free to continue with their criminal activities, reinforcing the cycle of injustice and deterioration of the rule of law in the country.
CASE DETAILS:
Mr. Kalam Miya was reportedly arbitrarily arrested at Saraswati Tole, in Biratnagar Municipality-2, Morang district, at around 8:30 p.m. on July 29, 2007, by policemen from the Ward Police Station, Hathkhola, Biratnagar, that were patrolling in a van. He was arrested on a charge of robbery and was detained for a period of around two hours in the afore-mentioned police station before being transferred to the District Police Office (DPO) in Morang.
In the morning of July 30, 2007, at the Morang DPO, he was locked inside the Women Police Cell room and then interrogated and beaten with a stick by three police men, including Sub Inspector Balram Yadav. He was made to lie on the floor, while two policemen held his legs and chest, and was then beaten with a stick on his feet, ankles, legs and fingers, in particular on the joints of his hands and legs. He was also kicked and punched, with the policemen taking turns doing the beating. Mr. Kalam Miya screamed and pleaded for the torture to stop, but the policemen stuffed his mouth with cloth to stop him making more noise, and continued torturing him for one and a half hours. Mr. Kalam Miya refused to confess to the false accusations, at which point he was threatened with being tortured to death unless he confessed.
He was again tortured on July 31, 2007, from 9 a.m. for around one hour by the same three men in the same room. He was forced to lie on the ground with his legs up on a chair and again beaten on the feet, ankles, legs and hands. In a semi-conscious state, after enduring the severe beatings for around an hour, Mr. Kalam Miya agreed to sign any documents the police wished in order to escape further torture.
Once he had confessed to his involvement in the alleged robbery the torture ceased and he was then produced before the Morang District Court on 31 July and remanded for five days. He was remanded for ten more days by the court on August 5, 2007, despite having complained of having been subjected to torture to the judge, who ignored his complaint. The victims current remand period is due to end on August 15, 2007, and it is vital that no further remand is ordered and that he is immediately released.
Mr. Kalam Miyas legs are still swollen and a blood clot has reportedly been detected in one of his toes in his left foot and he continues to suffer from pain in the joints where he was beaten. The police took him to Kosi Zonal Hospital, Morang, on 31 July for a medical check-up, as a formality, before taking him into remand. However, during this check-up, the doctor reportedly didnt ask any questions to the victim and did not provide him with any medication. Local NGO Advocacy Forum is now providing him with medication and is preparing to file a case on his behalf in the Morang District Court demanding compensation for torture. Mr. Kalam Miya is still being detained at the Morang District Police Office for further investigation and there remain grave concerns that he may again be subjected to threats, ill-treatment or torture during this time.
The Asian Human Rights Commission is gravely concerned for Mr. Kalam Miyas physical and psychological integrity as he has been subjected to death threats and tortured into making false confessions, and remains at risk of further such treatment while in arbitrary detention by the police. The Nepalese authorities are urged to immediately release Mr. Kalam Miya, in the absence of valid legal charges and evidence against him, and to investigate the allegations of arbitrary arrest and detention, death threats and torture, in order to find those responsible and bring them to justice in a trial that is conducted in line with the internationally accepted standards of fair trial. Punishment for the perpetrators and reparation for the victim that are in line with international standards should also be provided. Despite recent political changes in Nepal, many deeply ingrained serious practices of human rights abuses continue, including torture. The lack of effective investigation and prosecution of such cases is the prime reason for this continuing problem, which allows widespread impunity to continue in the country.
SUGGESTED ACTION:
Please write to the authorities in Nepal mentioned below, calling for the Nepalese authorities to take all necessary measures to ensure that Mr. Kalam Miyas physical and psychological integrity are guaranteed and that he is immediately released, in the absence of valid legal charges and evidence against him. The authorities must also launch prompt and impartial investigations into the allegations of arbitrary arrest and detention, death threats and torture, in order to find those responsible and bring them to justice, ensuring that adequate punishment for the perpetrators and reparation for the victim are provided.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear___________,
NEPAL: Man threatened with death and tortured into making false confession by police
Victim: Mr. Kalam Miya, a 27-year-old manual worker and permanent resident of Pakali VDC-3, Sunsari district, Nepal.
Alleged perpetrators: three members of the Morang District Police Office, including Sub Inspector Balram Yadav.
Date of incident: July 29, 2007 to the present.
Place of incident: victim arrested at Saraswati Tole, in Biratnagar Municipality-2, Morang district and tortured and detained in the Morang District Police Office, Nepal.
I am gravely concerned by the alleged torture of Mr. Kalam Miya, a 27-year-old manual worker and permanent resident of Pakali VDC-3, Sunsari district, Nepal on July 30 and 31, 2007 by the police. Following his arrest, Mr. Kalam Miya was reportedly threatened with death and tortured for lengthy periods in order to force him to confess to having committed a crime, resulting in physical injuries that still require treatment and his continuing arbitrary detention to date. This case is a clear example of the widespread practice of the use of torture as a substitute for investigations into crimes by the police. Individuals, most commonly the poor, are arbitrarily arrested and tortured into admitting to a crime they did not commit, while those responsible for the crime remain free to continue with their criminal activities, reinforcing the cycle of injustice and deterioration of the rule of law in the country.
Mr. Kalam Miya was reportedly arbitrarily arrested at Saraswati Tole, in Biratnagar Municipality-2, Morang district, at around 8:30 p.m. on July 29, 2007, by policemen from the Ward Police Station, Hathkhola, Biratnagar, that were patrolling in a van. He was arrested on a charge of robbery and was detained for a period of around two hours in the afore-mentioned police station before being transferred to the District Police Office (DPO) in Morang.
In the morning of July 30, 2007, at the Morang DPO, he was locked inside the Women Police Cell room and then interrogated and beaten with a stick by three police men, including Sub Inspector Balram Yadav. He was made to lie on the floor, while two policemen held his legs and chest, and was then beaten with a stick on his feet, ankles, legs and fingers, in particular on the joints of his hands and legs. He was also kicked and punched, with the policemen taking turns doing the beating. Mr. Kalam Miya screamed and pleaded for the torture to stop, but the policemen stuffed his mouth with cloth to stop him making more noise, and continued torturing him for one and a half hours. Mr. Kalam Miya refused to confess to the false accusations, at which point he was threatened with being tortured to death unless he confessed.
He was again tortured on July 31, 2007, from 9 a.m. for around one hour by the same three men in the same room. He was forced to lie on the ground with his legs up on a chair and again beaten on the feet, ankles, legs and hands. In a semi-conscious state, after enduring the severe beatings for around an hour, Mr. Kalam Miya agreed to sign any documents the police wished in order to escape further torture.
Once he had confessed to his involvement in the alleged robbery the torture ceased and he was then produced before the Morang District Court on 31 July and remanded for five days. He was remanded for ten more days by the court on August 5, 2007, despite having complained of having been subjected to torture to the judge, who ignored his complaint. The victims current remand period is due to end on August 15, 2007, and it is vital that no further remand is ordered and that he is immediately released.
Mr. Kalam Miyas legs are still swollen and a blood clot has reportedly been detected in one of his toes in his left foot and he continues to suffer from pain in the joints where he was beaten. The police took him to Kosi Zonal Hospital, Morang, on 31 July for a medical check-up, as a formality, before taking him into remand. However, during this check-up, the doctor reportedly didnt ask any questions to the victim and did not provide him with any medication. Local NGO Advocacy Forum is now providing him with medication and is preparing to file a case on his behalf in the Morang District Court demanding compensation for torture. Mr. Kalam Miya is still being detained at the Morang District Police Office for further investigation and there remain grave concerns that he may again be subjected to threats, ill-treatment or torture during this time.
I am therefore gravely concerned for Mr. Kalam Miyas physical and psychological integrity as he has been subjected to death threats and tortured into making false confessions, and remains at risk of further such treatment while in arbitrary detention by the police. I urge the Nepalese authorities to immediately release Mr. Kalam Miya, in the absence of valid legal charges and evidence against him, and to investigate the allegations of arbitrary arrest and detention, death threats and torture, in order to find those responsible and bring them to justice in a trial that is conducted in line with the internationally accepted standards of fair trial. Punishment for the perpetrators and reparation for the victim that are in line with international standards should also be provided. Despite recent political changes in Nepal, many deeply ingrained serious practices of human rights abuses continue, including torture. The lack of effective investigation and prosecution of such cases is the prime reason for this continuing problem, which allows widespread impunity to continue in the country.
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: attorney@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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
