NEPAL: 17-year-old victim seeks justice from his jail cell 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture of a 17-year-old boy at the hands of the police, following his arrest on seemingly fabricated theft charges. Raj Kumar Rai had used his employer’s motorbike to go to a market to buy some vegetables. Upon leaving the market, Raj discovered that the bike had been stolen and immediately informed his employer of this. Despite living with his employer for the next ten days, the employer then turned Raj over to the police accusing him of stealing the bike. Raj was then subjected to several instances of torture by police officers at the Kalimati Police Unit, Kalimati Ward Police Office and Hanumandhoka. When he was unable to pay a bribe to the police officers to buy his way out of his detention, the police detained him for ten days. Raj was then transferred to Bhadra Jail, where he remains today. Lawyers acting on behalf of Raj are now preparing a case to be filed under the Torture Compensation Act demanding compensation, in the Kathmandu District Court.

While we welcome this latest news of a compensation demand, we strongly fear for Raj’s wellbeing due to his current detention. Such a demand may lead to further torture or worsening conditions for Raj. With this in mind, we seek your urgent intervention. Please write to the Chief of the UN Mission in Nepal requesting him to pressure the government and police authorities to act in this case. An immediate impartial investigation should be conducted into Raj’s arrest, detention and torture. Those involved in this must be brought before a court of law to answer to their alleged crimes. If they are found guilty of such offences, full punishment by the law must be passed down. The safety of Raj must also be ensured immediately, including his release from detention and a full mental and physical examination conducted. Compensation must also be afforded to Raj for the suffering he has endured.

Urgent Appeals Desk,
Asian Human Rights Commission

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DETAILED INFORMATION:

Raj Kumar Rai, a 17-year-old boy, was working as a domestic worker when he was arbitrarily arrested, illegally detained and brutally tortured by Kalimati Police, in Kathmandu on 15 June 2005. Raj, who had been working for two years in Bikesh Shrestha’s house at the time of his arrest, was handed over to the Kalanki police unit by his employer who accused him of stealing his motorcycle. He was kept at Kalanki police unit for approximately two hours before being transferred to the Kalimati Ward Police Office. The police then kept him there for ten days without any legal proceedings. Finally, on June 28, he was transferred to the DPO, Kathmandu for further investigation under the charge of Public Offence.

On June 29 he was produced before the Chief District Officer’s Office for first time remand. However, the remand officer did not ask him whether he had been subject to torture and as Raj was not aware of his rights, he did not think to ask for a physical or mental checkup.

On July 1, lawyers visited Raj at the DPO, Kathmandu. Raj informed them that he was from a poor family who were barely managing in their day to day life. His family of five relied heavily on Raj’s income for their meager existence. For this reason he traveled to Kathmandu to seek a higher paying job. It was then that he was given a job in Bikesh’s Shrestha’s house at Kalanki. The house owner had a small restaurant at Sinamangal where Raj worked throughout the day as a helper. During his time away from the restaurant, Raj would work at the house.

On June 5 Raj rode to the Kalimati Vegetable Market on the house owner’s motorcycle to buy some vegetables. After buying the vegetables, Raj discovered that the motorbike had been stolen. He immediately informed the house owner of the motorbike’s theft, then proceeded to the Sinamangal restaurant. For the next ten days Raj continued to live with the house owner. However, on June 15 the house owner suddenly called the police and handed Raj over to them, accusing him of stealing the motorbike.

While Raj was detained at the Kalimati Ward Police Office, the police reportedly arrested another person in relation to the theft of the motorbike. According to Raj, the police asked both Raj and this other suspect to pay a fee for their release. When the other suspect paid the police an amount of money, he was immediately released from custody. Raj, however, could not afford to pay any money and was therefore sent to Hanumandhoka and remanded there under the charge of Public Offence.

Whilst detained by the police, Raj was subjected to torture. On the day after his arrest, at the Kalimati Police Unit, two policemen kicked him repeatedly with their heavy boots on his back and thighs and punched him in the hands and chest. When Raj was then sent to the Ward Police Office, he was again tortured there. A police officer blindfolded him and began beating him indiscriminately with a bamboo stick. For three hours his back, arms and legs were specifically targeted resulting in his body being covered in blood. Raj was not provided any food whilst in detention at the Ward Police Office, and had to rely on the food of other detainees. After ten days there, he was sent to Hanumandhoka where he was beaten with a bamboo stick once again. He was not beaten at the DPO. Raj was not been taken to hospital to receive a physical checkup but his lawyers say that bruises and marks are clearly visible across his back.

Accordingly, his lawyers filed an application to the District Court for his physical and mental checkup on July 7. The next day the court issued an order to the police as per the applicant’s demand.

On July 11, Raj was taken to the Bir Hospital without the presence of his lawyers. According to the police the doctor at first refused to conduct a checkup on Raj and other detainees. When the police apparently went to complain to the duty-in-charge, the doctor conducted the checkup. The doctor however, did not observe Raj’s physical condition properly. Instead of checking the marks and bruising to Raj’s body, he merely checked his blood pressure. The doctor then prescribed some medicine to Raj, but the police have not given Raj this medicine as yet.

When Raj’s lawyers went to the DPO on July 11, the inspectors threatened them, questioning them as to why they would be following the case of those detainees who had committed severe crimes. They also threatened them not to file applications on the detainee’s behalf in court. As per the statement of the detainees, the police also threatened them not to consult with any lawyer. If there did, they were warned that torture would follow.

Again, on July 6, lawyers filed an application to the District Court for Raj’s physical and mental checkup. Two days later the Court ordered the DPO to ensure that the checkup took place. The police disregarded the court orders, however, and Raj was not taken to the hospital. The police then produced Raj before the CDO on July 11 and submitted a charge sheet. The CDO ordered Rs. 2000/ as the bail amount, which Raj cannot pay. The CDO therefore sent him to Bhadra Jail, which is where he remains today.

On July 18 lawyers filed an application to the Human Right Cell at the Police Headquarters for investigation into the torture and action taken against Raj. A week later, Raj informed his lawyers that personnel from the Human Right Cell had been to visit him at Bhadra Jail and interviewed him. His torture wounds were observed and documented.

The Police Human Rights Cell informed the lawyers on August 1 that they had made a recommendation to a higher authority that action was to be taken against the perpetrator as soon as possible as the perpetrator had been found guilty during their extensive investigation.

Raj’s lawyers are now preparing a case to be filed under the Torture Compensation Act demanding compensation, in the Kathmandu District Court.

SUGGESTED ACTION:

Please send a letter to the Chief of the UN Mission in Nepal requesting him to pressure the government and police authorities to act in this case.
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