Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that police officers attached to District Police Office Nepalgunj have illegally arrested and illegally detained Rasheed Darji in spite of a stay order issued by the High Court. The police defied the Court decision, and arrested Rasheed due to the influence of his brother Naseer Darji, with whom Rasheed has a property dispute.
CASE DETAILS:
The AHRC has received information that Rasheed Darji (35), resident of ward number 16, Koreanpur, Nepalgunj Sub-metropolitan, Banke District has been illegally arrested by police officers from the local police office Nepalgunj who arrived in civilian clothes. The police detained Rasheed for around an hour, and sent him to District Police Office (DPO) Nepalgunj.
It was on 7 October 2016 at around 6 p.m. that the police arrested Rasheed from his house, without an arrest warrant. They claimed to arrest him due to dispute with his older brother Naseer Darji (37). When other relatives, including their youngest brother, Aslam Darji, went to meet Rasheed at the DPO Banke, they were denied permission to do so. The family informed the AHRC that Rasheed has been illegally arrested, has been kept in illegal detention, and has been tortured by DPO officers.
One month ago, when the police motioned to arrest him for no good reason, he filed a prohibition writ at the High Court Tulsipur, Nepalgunj Bench, on 28 September 2016, with registration number 13-073-00392. The High Court issued a stay order on 29 September 2016 against the respondent. The case is ongoing in court. The decision was notified to the District Police Office and the District Administration Office.
The Police, however, openly defied the Court order, and illegally arrested Rasheed for fighting with his brother Naseer Darji and capturing Naseer’s house.
Aslam filed habeas corpus writ against the respondent on 8 October 2016, at the High Court Tulsipur, Nepalgunj Bench.
The AHRC therefore urges the government of Nepal and the High Court Tulsipur, Nepalgunj Bench to look into this manifestly illegal detention; the Court must come down on the police for violating its Order, and ensure the release of Rasheed Darji from illegal detention. His basic fundamental rights need to be respected. The police must be immediately made to stop torturing Rasheed, and release him.
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 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 illegally arrest and torture a man
Name of victims: Rasheed Darji
Alleged Perpetrators: Unidentified police officers attached with the DPO Nepalgunj
Date of incident: 7 October 2016 to present
Place of incident: DPO Nepalgunj, Banke District
I am writing to voice my deep concern as police officers attached to District Police Office Nepalgunj have illegally arrested and illegally detained Rasheed Darji in spite of a stay order issued by the High Court.
Rasheed Darji (35), resident of ward number 16, Koreanpur, Nepalgunj Sub-metropolitan, Banke District has been illegally arrested by police officers from the local police office Nepalgunj who arrived in civilian clothes. The police detained Rasheed for around an hour, and sent him to District Police Office (DPO) Nepalgunj.
It was on 7 October 2016 at around 6 p.m. that the police arrested Rasheed from his house, without an arrest warrant. They claimed to arrest him due to dispute with his older brother Naseer Darji (37). When other relatives, including their youngest brother, Aslam Darji, went to meet Rasheed at the DPO Banke, they were denied permission to do so. I have been illegally arrested, has been kept in illegal detention, and has been tortured by DPO officers.
One month ago, when the police motioned to arrest him for no good reason, he filed a prohibition writ at the High Court Tulsipur, Nepalgunj Bench, on 28 September 2016, with registration number 13-073-00392. The High Court issued a stay order on 29 September 2016 against the respondent. The case is ongoing in court. The decision was notified to the District Police Office and the District Administration Office.
The Police, however, openly defied the Court order, and illegally arrested Rasheed for fighting with his brother Naseer Darji and capturing Naseer’s house.
Aslam filed habeas corpus writ against the respondent on 8 October 2016, at the High Court Tulsipur, Nepalgunj Bench.
I therefore urge the government of Nepal and the High Court Tulsipur, Nepalgunj Bench to look into this manifestly illegal detention; the Court must come down on the police for violating its Order, and ensure the release of Rasheed Darji from illegal detention. His basic fundamental rights need to be respected. The police must be immediately made to stop torturing Rasheed, and release him
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)
