NEPAL: Torture victim threatened by Army Officer

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding continuing threats to torture victim Padam Bahadur Khadka, who was 14 years old at the time of the original incident. On 2 October 2011, Mr. Man Bahadur Khadka, a Lance Corporal in the Nepal Army, allegedly tortured Padam, suspecting Padam of killing a spotted deer. On 11 November 2011, with the support of the Advocacy Forum, Padam filed a torture compensation case before the District Court, Bardiya, where the case is still under consideration. Padam and his family members are being repeatedly threatened for having filed a torture compensation case against Lance Corporal Man Bahadur Khadka.

CASE NARRATIVE:

On 28 January 2015, at around 9:45 p.m., Lance Corporal Man Bahadur Khadka made a telephone call to Mr. Sher Bahadur Khadka (the victim’s uncle) from mobile number +977 9815541013 and threatened to kill the family. He said, “You people have filed a torture case against me. Now you have migrated to Raratal from Manau. If you want to live, withdraw the torture case, otherwise I can kill all your family members with the support of goons within a week.”

With the support of Advocacy Forum (AF), on 29 January 2015, the victim family filed an application with the District Administration Office, Bardiya, requesting security of life and property.

Earlier, in 2011, after Padam’s release from detention, his family filed a case on behalf of Padam, a juvenile at the time. The case was filed on 11 November 2011 at the District Court, Bardiya, against Lance Corporal Man Bahadur Khadka for having allegedly tortured Padam. From that day, the alleged torturer has been making direct and indirect threats to Padam and his family. 

The AHRC has learned that the Lance Corporal is a local resident who has been trying to prevent the victim’s family from accessing public facilities, which include a nearby river and pastureland.

According to the family, sometimes, when returning to his home from his Army Barrack at night, the Lance Corporal occasionally stops near their home and walks around the house, as if searching for something, and spies on them. Some of the villagers have reported that the Lance Corporal has made threats, such as: “He [Padam] has filed a case against me. The case may affect my career. If I am dismissed from the job due to that case, I will kill all of his family members.” 

The AHRC has also received information that the Lance Corporal has been offering beer and meat to other torture victims and eyewitnesses in the case so that they will provide contrary testimony in court. 

Padam’s father has reported the threats made to human rights organizations. After certain national and international human rights defenders visited the victim’s home, the alleged perpetrator kept mum for a couple of weeks; however, the threats have since resumed.

One of Padam’s relatives reported heard the Lance Corporal saying, “If the state of emergency is announced in Nepal again in future, I will kill all of his family members. If there is no state of emergency announced again, I will kill at least one of his family members at any cost if I am dismissed from my job.”

The family has been living under constant threat. As the Lance Corporal is a powerful local resident, he can use other army men or civilians for reprisal. The victim’s family keeps vigil in the night and fears that anything can happen to members of the family.

After Padam’s father filed the torture compensation case against the Lance Corporal, the Officer has made attempts to weaken the family, by attempting to persuade neighbors and friends to boycott the family, so that the case is withdrawn. The AHRC has received information that the Lance Corporal has made attempts to influence key eyewitnesses with different kinds of bribes. 
The AHRC urges the government of Nepal and its relevant authorities to investigate the case and provide necessary security to the victim and his family members. The Army Officer Man Bahadur Khadka should be suspended from his duties and brought under purview of internal investigation as well.

BACKGROUND INFORMATION:

The Nepal Army has been providing security at the Bardiya National Park. The Army conducts patrolling for wildlife conservation inside the park. 

On 2 October 2011, Padam Bahadur Khadka (14) was arrested by the Army – along with Manish Kumal (18), Prakash BK (14), Govinda Kasher (18), Dipak Kumal (14), and Padam BK – on the charge of killing a spotted dear and feasting on it. 

Once the arrested boys were brought to the Army camp, Lance Corporal Man Bahadur Khadka instructed another army officer to get a stick. Man Bahadur told the boys to bend down. He then proceeded to hit them with the stick multiple times. Padam was thrashed 22-25 times. 

Officer Man Bahadur Khadka is also the resident of Manau VDC, Bardiya, i.e. Padam’s village of residence. He vented his anger upon the boys for spoiling the reputation of the village.

After the Army torture, Padam fainted multiple times. He vomited after he was provided with food. He could not eat. When the Army Officers felt Padam might die, they took him to K.P. Clinic, a local private medical clinic in Bhurighau Bazaar. The doctor referred him to Kohalpur Medical College for treatment. As Padam was still unconscious at the time, he was taken to the Nepalgunj for treatment. When doctors at Nepalgunj Hospital saw the seriousness of his condition, he was referred to Kathmandu Hospital. 

The Army instead took Padam to the Bardiya National Park and kept him in custody with the other arrestees. They boys were booked for killing and eating spotted dear. When they were about to be fined NPR 28,250 each for killing and eating the spotted dear, local Maoist In-charge Ganesh Aryal intervened and reduced the amount to NPR 2,500 for arrestees under 16 and NPR 5,000 for those over 18.

Since then, Padam has been visiting hospital to take medicines. He feels disturbed and angry whenever he remembers the incident. In November 2011, Padam’s father Lok Bahadur Khadka filed a case against Officer Man Bahadur Khadka under the Torture Compensation Act, seeking justice and compensation. The case is still under consideration at the Bardiya District Court.

SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about the act of torture and subsequent threats and intimidation, requesting immediate intervention. 

The AHRC has written a separate letter to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.

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