UPDATE (Nepal): Morang district police have allegedly threaten a victim of torture to withdraw her case from court

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source that Ms. Noorjan Khatun, a victim of torture in Morang district, is constantly being intimidated and threatened by police officers who have previously tortured her, as well as by other police officers.  Disturbingly, she is being pressured to withdraw her case that currently rests with the district court.  During the period of September 5 to September 7, 2007, Ms. Noorjan Khatun was illegally arrested, detained and brutally tortured by officers from the District Police Office (DPO) in Morang. (For more details, please see UP-141-2007).

UPDATE INFORMATION:

Ms. Noorjan Khatun is a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole, in Kathari VDC -2, Morang District, Nepal.  According to the victim, Assistant Police Inspector (ASI) Mr. Balram Yadav of the Morang District Police Office (DPO) has been repeatedly threatening her. Mr. Balram has been identified to be one of the officers involved in illegally detaining and allegedly torturing Ms. Khatun at the DPO in September 2007 (For details, please refer to UP-141-2007).

The most recent incident of intimidation of the victim occurred on March 3, 2008.  Ms. Khatun reports that as she was returning from court with her sister-in-law on March 3, Mr. Balram approached her and insisted that she withdraw her case from court.  Ms. Khatun states that Mr. Balram propositioned her, telling that he would provide her with money to support her daily living expenses if she dropped the case. She quotes him as saying: “how will you manage your daily living expenses? I will give you money for your daily expenses including food, clothes, etc”.  However Ms. Khatun refused the offer.

On a previous occasion on December 3, 2007, two unidentified policemen allegedly threatened Ms. Khatun, insisting that she withdraw her case with the District Court.  She had filed a torture compensation case with the District Court in Morang on October 11, 2007. She reports that on December 3, two unidentified police personnel approached her on motor bikes and scolded her for filing her case against the police officers. She also states that she was ordered to bring her son Mo Anabarul to the police station, and she was warned that her son would be arrested and charged with various crimes if she didn’t withdraw her case from court.  She states that these authorities used “very abusive language” in dealing with her throughout these incidents.

The AHRC has been informed that ASI Mr. Balram is still working at the DPO in Morang, and that he continues to abuse the power of his position to threaten this victim.  As far as we know, Ms. Khatun has yet to lodge any official complaint regarding these threats.

The importance of attention to this case for the welfare of this victim is highlighted by the fact that the same group of policemen, including ASI Balram, have also been linked to incidents of torturing Mohammed Pappu Miya and Mohammad Rajjabul Hussain Miya in September 2007. (For details, please see UA-304-2007)

ADDITIONAL COMMENTS:

The plight of Ms. Noorjan Khatun is yet another example that highlights systemic problems of dealing with torture in Nepal. Although the country is bound to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Nepal’s legal system does not provide victims of torture with sufficient opportunities to obtain compensation or seek redress against the perpetrators of crimes and often heinous acts.

Promulgated in 2007, the Interim Constitution made torture a criminal offense in Nepal for the first time. However, the Torture Compensation Act neither criminalizes the practice of torture nor obligates the government to take action against a perpetrator of torture. As such the Act is inconsistent with the Interim Constitution. According to the Act, perpetrators may be subject to “departmental action,” such as demotions, suspensions, and delayed promotions. The Act is also flawed in that it only recognizes claims filed by torture victims within 35 days of the alleged act of torture, or within 35 days of the victim’s release from detention. It is also detrimental in placing a ceiling on the amount of compensation to be awarded to victims. The maximum amount that might be paid to a victim is a meager Rs. 100,000 (USD 1,610).

Another systemic problem with torture prevention and redress in Nepal is that the government offers no protection for victims or witnesses of torture who are subsequently threatened with future bodily harm. As a result, perpetrators of torture enjoy continuous impunity and victims are routinely denied justice. The Government of Nepal has so far failed to properly investigate and prosecute a single case of extrajudicial execution, enforced disappearance, or torture.

The Government of Nepal must urgently enact a law which gives full breath to the international prohibition against the practice of torture so that any act of torture committed by a state official is a criminal offence in the state of Nepal. The Government must also implement measures to ensure that acts of torture are properly investigated and perpetrators are held accountable for their actions. The current torture compensation scheme must be overhauled to provide victims with opportunities for fair and adequate compensation, including rehabilitation. Nepal should also ratify the Optional Protocol to the Convention Against Torture (OP-CAT), a protocol which would obligate the government to create a national inspection mechanism and to host international inspections of its detention facilities.

SUGGESTED ACTION:
Please immediately write to the concerned government authorities listed below and urge them to take immediate and effective action to ensure the victim’s security. Please also urge them to make inquiries about the alleged threats the victim has been receiving.

For your information, the AHRC has also written a letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this case.

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