Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that police officers attached with the District Police Office Siraha illegally arrested and tortured Ram Chandra Mahato of Siraha District. He was charged with a robbery in the village of the Inspector General of Police. The victim had to receive treatment for 10 days after losing consciousness due to police torture. This is yet another example exposing Nepal police’s routine practice of torture, in the absence of robust investigation tools and techniques.
CASE DETAILS:
The AHRC has received information that Ram Chandra Mahato (35), resident of ward number-10 of Padampur Village Development Committee (VDC), Siraha District, has been arrested on robbery charges at ward number-3 of Mirchahiya Municipality, which is the native village of current Inspector General of Police Upendra Kant Aryal.
On 14 August 2016, a team of five police officers in civilian clothes, who arrived on a motorbike, and six police officers in uniform, who came in a police van, arrested Ram Chandra without warrant and took him to the District Police Office (DPO) Siraha. They kept him under custody without any documentation, leaving no paper trail.
On the same day at 4 pm, when his wife Ganga Mahato went to meet him at the DPO Siraha, she was not allowed to meet him, and told to come the next day at 10 am.
At around 8 pm, Shyam Prasad Gyawali, Superintendent of Police, summoned Ram Chandra at his cabin located on the second floor at the DPO Office. SP Gyawali forced Ram Chandra to accept that he was involved in robbery. The SP also told him to provide the whereabouts of Manoj Yadav, along with his mobile number, Yadav being a prime suspect in the robbery. Ram Chandra told the SP that he did not know anything about Manoj Yadav; he had not heard of his name before or met him.
The SP responded by handcuffing him and tying his legs with an iron chain. Ram Chandra was then beaten with a black plastic pipe for 20 minutes. Police officers Nagendra Thakur, Bishnu Yadav, Durga (surname unknown) were told to beat Ram Chandra until he would accept the crime and tell the truth. The Police officers bombarded Ram Chandra with punches, sticks, and kicks (with police boots) for around two hours.
Due to excessive beating, Ram Chandra fell unconscious. The police took him to Siraha District Hospital at around 1 am that night. Ram Chandra received treatment for around 11 hours. When Ram Chandra’s wife went to see him at the Police Station, she was told that he has been admitted to the Hospital. Ganga went to the Hospital, and found her husband in an unconscious state, with his legs still tied up with an iron chain.
The District Hospital Siraha referred Ram Chandra to Koshi Zonal Hospital, Morang, Biratnagar, at 1 pm on 15 August 2016, when there was no progress in his health condition.
The police kept him at the Koshi Zonal hospital for nine days for his treatment. They then brought him back to DPO Siraha and handed him over his wife, and told her to do the necessary medical treatment, and bring him back to the DPO office once he is medically better.
Due to police torture, the victim cannot sit properly, and he is having difficulty moving around. His wife informed the AHRC that he cannot sleep properly. As the police threatened them with dire consequences and further beating, if they were to mention about the torture to anyone else, including human rights defenders and journalists. The police also threatened to falsely implicate them under robbery charges if they were to go public. The victim and his family members are living in fear, and are worried about having to go back to the Police Station.
The AHRC strongly urges the Police Headquarters and the IGP to give immediate attention to this case of torture, and suspend officers involved. Proper investigation must be conducted, and officers should be punished if found guilty. As there is risk for the safety and security of the victim and his family, the IGP’s Office must address this safety concern.
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 intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Police arrest and torture a man in Siraha District
Name of victims: Ram Chandra Mahato
Alleged Perpetrators: Superintendent of Police Shyam Prasad Gyawali and police officers Nagendra Thakur, Bishnu Yadav, and Durga (surname unknown) attached with DPO Siraha
Date of incident: 14 August 2016 to present
Place of incident: DPO Siraha, Siraha District
I am writing to voice my deep as concern police officers attached with the District Police Office Siraha illegally arrested and tortured Ram Chandra Mahato of Siraha District.
Ram Chandra Mahato (35), resident of ward number-10 of Padampur Village Development Committee (VDC), Siraha District, has been arrested on robbery charges at ward number-3 of Mirchahiya Municipality, which is the native village of current Inspector General of Police Upendra Kant Aryal.
On 14 August 2016, a team of five police officers in civilian clothes, who arrived on a motorbike, and six police officers in uniform, who came in a police van, arrested Ram Chandra without warrant and took him to the District Police Office (DPO) Siraha. They kept him under custody without any documentation, leaving no paper trail.
On the same day at 4 pm, when his wife Ganga Mahato went to meet him at the DPO Siraha, she was not allowed to meet him, and told to come the next day at 10 am.
At around 8 pm, Shyam Prasad Gyawali, Superintendent of Police, summoned Ram Chandra at his cabin located on the second floor at the DPO Office. SP Gyawali forced Ram Chandra to accept that he was involved in robbery. The SP also told him to provide the whereabouts of Manoj Yadav, along with his mobile number, Yadav being a prime suspect in the robbery. Ram Chandra told the SP that he did not know anything about Manoj Yadav; he had not heard of his name before or met him.
The SP responded by handcuffing him and tying his legs with an iron chain. Ram Chandra was then beaten with a black plastic pipe for 20 minutes. Police officers Nagendra Thakur, Bishnu Yadav, Durga (surname unknown) were told to beat Ram Chandra until he would accept the crime and tell the truth. The Police officers bombarded Ram Chandra with punches, sticks, and kicks (with police boots) for around two hours.
Due to excessive beating, Ram Chandra fell unconscious. The police took him to Siraha District Hospital at around 1 am that night. Ram Chandra received treatment for around 11 hours. When Ram Chandra’s wife went to see him at the Police Station, she was told that he has been admitted to the Hospital. Ganga went to the Hospital, and found her husband in an unconscious state, with his legs still tied up with an iron chain.
The District Hospital Siraha referred Ram Chandra to Koshi Zonal Hospital, Morang, Biratnagar, at 1 pm on 15 August 2016, when there was no progress in his health condition.
The police kept him at the Koshi Zonal hospital for nine days for his treatment. They then brought him back to DPO Siraha and handed him over his wife, and told her to do the necessary medical treatment, and bring him back to the DPO office once he is medically better.
Due to police torture, the victim cannot sit properly, and he is having difficulty moving around. I have been informed that he cannot sleep properly. As the police threatened them with dire consequences and further beating, if they were to mention about the torture to anyone else, including human rights defenders and journalists. The police also threatened to falsely implicate them under robbery charges if they were to go public. The victim and his family members are living in fear, and are worried about having to go back to the Police Station.
I strongly urge the Police Headquarters and the IGP to give immediate attention to this case of torture, and suspend officers involved. Proper investigation must be conducted, and officers should be punished if found guilty. As there is risk for the safety and security of the victim and his family, the IGP’s Office must address this safety concern.
I look forward to your prompt action in this matter.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Pushpa Kamal Dahal ‘ Prachanda’
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. Bimalendra Nidhi
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. Raman Kumar Shrestha
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)
