Dear Friends,
The Terai Human Rights Defenders Alliance (THRDA) has informed the Asian Human Rights Commission (AHRC) that Bijuli Prasad Mahaut (31), resident of ward number 1, Khajurakhurd Village Development Committee (VDC) of Banke District, and Tirath Ram Harijan (30), resident of ward number 9, Indrapur VDC, of Banke District, have been illegally arrested, been kept under illegal detention, and been brutally tortured by the police under the guise of an investigation into a stolen mobile phone. Despite threats, torture victim Bijuli Prasad has approached the THRDA office for help in filing a case against the police, which has been filed as per the Torture Compensation Act, 1996.
CASE DETAILS:
31-year-old Bijuli Prasad Mahaut, resident of ward number 1, Khajurakhurd Village Development Committee (VDC), Banke District, has been illegally arrested, kept under illegal detention, and tortured by the police, who committed the torture under the guise of conducting an investigation.
On 11 November 2016, two uniformed police officers arrived and arrested Bijuli Prasad Mahaut, alleging him of stealing a mobile phone. Sub Inspector of Police (SI) Sharan Bhandari and Police Constable Anil Kumar B.K. arrested him at around 2 p.m. while Bijuli Prasad was drinking tea by a tea stall, next to the house of Raj Kishor Mishra, owner of the electric rickshaw that Bijuli Prasad drives. The police took him to Area Police Office (APO) Khajuriya.
Then, at around 2:30 p.m., two police officers (names and positions unknown) took Bijuli Prasad Mahaut to arrest Tirath Ram Harijan, resident of ward number 9, Indrapur VDC, Banke District, for the same alleged crime. When the police could not find Tirath Ram at home, they scolded his mother using foul language, and asked her about her “thief” son? Police arrested Tirath Ram Harijan at around 3 p.m. from a tea stall where he was drinking tea after finishing his work in a local paddy field. The police ordered Tirath Ram to ride his bicycle to the Police Station, and followed him to the Area Police Office.
Bijuli Prasad Mahaut and Tirath Ram Harijan know each other; both of them are laborers in the area. After they both arrived at the Police Station, they were locked inside a room, and all windows were shut. SI Sharan Bhandari and Police Constable Anil Kumar B.K. told them to sit on the floor and asked about the stolen mobile phone belonging to Kiran Giri
, a Manpower Company Agent by profession. The police even coerced the two, promising to provide them one thousand each if they were to tell the police about the mobile phone. When Bijuli Prasad and Tirath Ram denied stealing the phone, and also told the police they did not either know who stole it, the officers bombarded the two with racial slurs, calling them untouchables and Madhesi thieves. The police beat them for another 30 minutes; the Manpower Company agent Kiran Giri was present at the Police Station during the course of the so-called inquiry.
Constable Anil Kumar used a plastic pipe and SI Sharan used a Bamboo stick to hit the two. The policemen told them to put their hands on the floor and raise their hips. As usual in other torture cases, the police bombarded the victims with kicks and punches all over the body. It continued for around 30 minutes.
The police tried to force them to admit to stealing the mobile phone, and to bring it back, or else they will be shot to death. The police released them around 6:30 p.m., after 4 hours of illegal arrest and detention, and extreme physical and mental torture to the point that the victims feared death. When the two victims were released from custody, blood was streaming out of their bodies and they were in a semi-conscious state.
They went in that state to a local private clinic, and took medicines. However, they complain of deep internal pain, and are psychologically affected by the experience.
The police threatened them with dire consequences if they were to make the torture incident public. The police even threatened to arrest their family members on false charges if the incident were to come into public notice.
Despite the threat, tortured victim Bijuli Prasad approached the THRDA office for filing a case against the police. A case has been filed as per Torture Compensation Act (TCA) 1996.
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 its intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Police torture two under the guise of investigating stolen mobile phone
Name of victims: Bijuli Prasad Mahaut and Tirath Ram Harijan
Alleged Perpetrators: Sub Inspector of Police (SI) Sharan Bhandari and Police Constable Anil Kumar B.K., Area Police Office, Khajuriya, Banke District
Date of incident: 11 November 2016 to present
Place of incident: Area Police Office Khajuriya, Banke District
I am writing to voice my deep concern as 31-year-old Bijuli Prasad Mahaut, resident of ward number 1, Khajurakhurd Village Development Committee (VDC), Banke District, has been illegally arrested, kept under illegal detention, and tortured by the police, who committed the torture under the guise of conducting an investigation.
On 11 November 2016, two uniformed police officers arrived and arrested Bijuli Prasad Mahaut, alleging him of stealing a mobile phone. Sub Inspector of Police (SI) Sharan Bhandari and Police Constable Anil Kumar B.K. arrested him at around 2 p.m. while Bijuli Prasad was drinking tea by a tea stall, next to the house of Raj Kishor Mishra, owner of the electric rickshaw that Bijuli Prasad drives. The police took him to Area Police Office (APO) Khajuriya.
Then, at around 2:30 p.m., two police officers (names and positions unknown) took Bijuli Prasad Mahaut to arrest Tirath Ram Harijan, resident of ward number 9, Indrapur VDC, Banke District, for the same alleged crime. When the police could not find Tirath Ram at home, they scolded his mother using foul language, and asked her about her “thief” son? Police arrested Tirath Ram Harijan at around 3 p.m. from a tea stall where he was drinking tea after finishing his work in a local paddy field. The police ordered Tirath Ram to ride his bicycle to the Police Station, and followed him to the Area Police Office.
Bijuli Prasad Mahaut and Tirath Ram Harijan know each other; both of them are laborers in the area. After they both arrived at the Police Station, they were locked inside a room, and all windows were shut. SI Sharan Bhandari and Police Constable Anil Kumar B.K. told them to sit on the floor and asked about the stolen mobile phone belonging to Kiran Giri, a Manpower Company Agent by profession. The police even coerced the two, promising to provide them one thousand each if they were to tell the police about the mobile phone. When Bijuli Prasad and Tirath Ram denied stealing the phone, and also told the police they did not either know who stole it, the officers bombarded the two with racial slurs, calling them untouchables and Madhesi thieves. The police beat them for another 30 minutes; the Manpower Company agent Kiran Giri was present at the Police Station during the course of the so-called inquiry.
Constable Anil Kumar used a plastic pipe and SI Sharan used a Bamboo stick to hit the two. The policemen told them to put their hands on the floor and raise their hips. As usual in other torture cases, the police bombarded the victims with kicks and punches all over the body. It continued for around 30 minutes.
The police tried to force them to admit to stealing the mobile phone, and to bring it back, or else they will be shot to death. The police released them around 6:30 p.m., after 4 hours of illegal arrest and detention, and extreme physical and mental torture to the point that the victims feared death. When the two victims were released from custody, blood was streaming out of their bodies and they were in a semi-conscious state.
They went in that state to a local private clinic, and took medicines. However, they complain of deep internal pain, and are psychologically affected by the experience.
The police threatened them with dire consequences if they were to make the torture incident public. The police even threatened to arrest their family members on false charges if the incident were to come into public notice.
Despite the threat, tortured victim Bijuli Prasad approached the THRDA office for filing a case against the police. A case has been filed as per Torture Compensation Act (TCA) 1996.
I look forward to your prompt action in this matter.
Yours Sincerely,
——————————
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)
