NEPAL: Another arbitrary detention and torture committed by the Kalimati police in Kathmandu 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two student activists were arbitrarily arrested, detained and tortured by the Kalimati police in Kathmandu on 13 and 14 September 2005. One of the two students, Shiv Bohora (23), the acting president of the Nepal Students Union at Mahendra Ratna Campus, fell unconscious for approximately three hours due to the police torture.

This is yet another case of arbitrary detention and torture committed by the Kalimati police. The AHRC earlier reported that a 17-year-old boy was tortured by the Kalimati police while in custody in June 2005. (See further: UA-142-2005). With this in mind we urge the UN Mission in Nepal to immediately inquire into this incident and ensure that the responsible police officers are brought to justice accordingly. The Inspector in charge of Kalimati Police Station should also be punished for neglecting to stop the continuous violence by his lower officers. Please also urge the UN Mission to pressure the Nepalese government to strictly discipline their law enforcement officers not to abuse their power and to restore the rule of law in the country.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
———————————————————–

DETAILED INFORMATION:

Name of the victims:
1. Shiv Bohora, 23-years-old, the acting president of the Nepal Students Union at Mahendra Ratna Campus, Kathmandu, Nepal
2. Gokul Lamichhane, the student of the Mahendra Ratna Campus
Alleged perpetrators:
1. Madhusudhan Khadka, the Inspector in charge of the Kalimati Police Station.
2. Other officers attached to the Kalimati Police Station
Date of arbitrary detention and torture: 13 and 14 September 2005

Case details:

At around 3:00pm on 13 September 2005, Shiv Bohora (23), the acting president of the Nepal Students Union at Mahendra Ratna Campus, together with another student Gokul Lamichhane, were arrested by the three policemen from the Kalimati Police Station at the campus premises on the charge of throwing stones at police personnel. It is unknown whether the police produced an arrest warrant or any relevant document at the time of the arrest. They were then put into the police van where Bohora was tortured by the police with batons, boots and the butts of the rifles. Due to this severe torture, Bohora fell unconscious for approximately three hours. The police took Bohora and Lamichhane to the Kalimati Police Station and detained them.

At around 6:30pm, the three policemen took Bohora to the Bir Hospital for treatment. Bohora tried to inform the police officer on duty at the hospital about the incident but the attending policemen stopped him. The police left both Bohora and Lamichhane at the hospital after they were ordered to release them from their authority. However, the Kalimati police arrested them again when they came out of the hospital after treatment and took them back to the Kalimati Police Station.

At the police station, the police tied Bohora’s hands on the armrest of the chair and attacked him with their boots. The police also reportedly told him, “You should know who the police are. If you do anything against us, we will punish you even more harshly.” Bohora and Lamichhane were finally released at 8:30am the next day (September 14). Bohora was severely injured from the police torture, suffering two broken teeth and requiring five stitches to his forehead and seven to his upper lip. He also has several bruises on his back, hands and legs. Lamichhane also claimed that he was assaulted while in police custody.

This is not the first case involving the Kalimati police arbitrarily detaining and torturing people. The AHRC reported earlier through our Urgent Appeals Programme that a 17-year-old boy was illegally arrested by the Kalimati police on 15 June 2005 and tortured while in custody. The boy was then sent to jail where he remains to date. He is now seeking remedy for his suffering with the help of a local human rights group. It is unknown whether any action has been taken against the responsible police officers (See further: UA-142-2005).

The situation in Nepal became chaotic after the Nepalese king sacked the government and went back to the absolute monarch on 1 February 2005. Many politicians, democrats, student, human rights activists, and even ordinary people are being arbitrarily arrested, detained and tortured by Nepal’s law enforcement officers. There have also been several reports of forced disappearances and extra-judicial killings during this time. In such an environment, justice to the victims of these crimes is increasingly difficult to obtain.

Under these circumstances, the role of the UN Mission in Nepal is crucial to stop violence against the people. The AHRC strongly urges the UN Mission to immediately inquire into this incident and ensure that the responsible police officers are punished according to the law. The Inspector in charge of Kalimati Police Station should also be questioned as to why he could not prevent violence within in station as the command officer. The UN Mission must place enormous effort into restoring the rule of law in the country and pressure the Nepalese government that they strictly discipline the law enforcement officers not to abuse their power.

SUGGESTED ACTION:
Please send an appeal letter to the Chief of the UN Mission in Nepal and express your concern about this case.

 

 

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