Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that police officers attached to District Police Office Morang have illegally arrested and tortured two minors and a youth in Morang District. The victims’ families, their lawyers, and human rights defenders, are not being allowed to meet them. Due to lack of scientific methods of investigation, police routinely use torture as an alternative for investigation.
CASE DETAILS:
The AHRC has received information that Nepal police have arrested 2 minors and a youth on 9 September 2016 on the charge of stealing mobile phones. The allegation is that they stole the phones last month from a shop located at Nayabazar, Ward Number 9, Katahari Village Development Committee (VDC), which is run by a certain Shreepat Mahato. Four police officers in civilian clothes and four others in uniform who arrived in a police van arrested Suraj Chaudhary (15) from Katahari Bazaar, Mahesh Sah (14) from Haatkhola, and Ajay Kumar Tajpuriya (16) from his house at Ganapati Jewelers.
All three were arrested without arrest warrant; they were also not provided any detention papers. They were handed arrest warrants and detention papers two days after their arrest. When their relatives went to meet them at the District Police Office (DPO) Morang at 10 am on 12 September 2016, the relatives of the trio saw the terrible conditions their children were in. The three had sustained injuries on their hands, cheeks, face, and necks, in addition to other body parts. They have been kicked, punched, and the policemen have stomped on them with their boots. Blue bruise marks are visible on their bodies. The parents have informed the AHRC that the boys’ mental condition is fragile after the police torture.
When their parents went to meet them with a lawyer and a human rights defender on 13 September, the police denied them permission. The policemen even threatened them, and told them to bring permission from higher authorities in order to meet the detainees.
The police tortured the trio so that they would accept stealing mobile phones from the shop. As usual, just as it is done in police stations across Nepal, the policemen used black plastic pipes to hit the boys on their feet, for over 15 minutes. The policemen threatened to even kill them if they did not accept the charges. The boys disclosed their ordeal when their relatives met them to handover food.
The DPO Morang has taken an extension of 7 more days from the District Court (DC) Morang, citing the need for further “investigation”.
The victims’ families went to the DC Morang seeking a medical checkup so that they could file complaints of torture, as per Torture Compensation Act (TCA) 1996, but the court denied to issue an order for a medical checkup.
The AHRC fears for the boys’ lives. If the police continue their torture in the guise of investigation, the trio might suffer a mental breakdown.
There is urgent necessity to take care of their health, and proper investigation must be conducted. Lawyers and Human Rights Defenders must be allowed to meet they boys, as stipulated in the Article 20 of the Nepalese Constitution, 2015.
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 victims 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 two minors and a youth in Morang District
Name of victims: Suraj Chaudhary, Mahesh Sah, and Ajay Kumar Tajpuriya
Alleged Perpetrators: Police officers attached with DPO Morang
Date of incident: 9 September 2016 to present
Place of incident: DPO Morang, Morang District
I am writing to voice my deep concern police officers attached to District Police Office Morang have illegally arrested and tortured two minors and a youth in Morang District.
Nepal police have arrested 2 minors and a youth on 9 September 2016 on the charge of stealing mobile phones. The allegation is that they stole the phones last month from a shop located at Nayabazar, Ward Number 9, Katahari Village Development Committee (VDC), which is run by a certain Shreepat Mahato. Four police officers in civilian clothes and four others in uniform who arrived in a police van arrested Suraj Chaudhary (15) from Katahari Bazaar, Mahesh Sah (14) from Haatkhola, and Ajay Kumar Tajpuriya (16) from his house at Ganapati Jewelers.
All three were arrested without arrest warrant; they were also not provided any detention papers. They were handed arrest warrants and detention papers two days after their arrest.
When their relatives went to meet them at the District Police Office (DPO) Morang at 10 am on 12 September 2016, the relatives of the trio saw the terrible conditions their children were in. The three had sustained injuries on their hands, cheeks, face, and necks, in addition to other body parts. They have been kicked, punched, and the policemen have stomped on them with their boots. Blue bruise marks are visible on their bodies. I have been informed that the boys’ mental condition is fragile after the police torture.
When their parents went to meet them with a lawyer and a human rights defender on 13 September, the police denied them permission. The policemen even threatened them, and told them to bring permission from higher authorities in order to meet the detainees.
The police tortured the trio so that they would accept stealing mobile phones from the shop. As usual, just as it is done in police stations across Nepal, the policemen used black plastic pipes to hit the boys on their feet, for over 15 minutes. The policemen threatened to even kill them if they did not accept the charges. The boys disclosed their ordeal when their relatives met them to handover food.
The DPO Morang has taken an extension of 7 more days from the District Court (DC) Morang, citing the need for further “investigation”.
The victims’ families went to the DC Morang seeking a medical checkup so that they could file complaints of torture, as per Torture Compensation Act (TCA) 1996, but the court denied to issue an order for a medical checkup.
I fear for the boys’ lives. If the police continue their torture in the guise of investigation, the trio might suffer a mental breakdown.
There is urgent necessity to take care of their health, and proper investigation must be conducted. Lawyers and Human Rights Defenders must be allowed to meet they boys, as stipulated in the Article 20 of the Nepalese Constitution, 2015.
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)
