Dear Friends,
The Tarai Human Rights Defenders Alliance (THRDA) has informed the Asian Human Rights Commission (AHRC) that a Muslim man, aged 35, resident of Ward 8, Kamdi Village Development Committee (VDC), Banke District, has been tortured by the police. The man has sustained marked blue bruising on his leg, and his hands have swelled up due to the torture suffered. Due to the beating he suffered, he has difficulty in walking and working properly. Police brutality has been increasing in Nepal, but the Ministry of Home Affairs of Nepal has been ignoring the same.
CASE NARRATIVE:
A local fish seller, Mr. Mohar Ali Nau, aged 35, resident of Ward 8, Kamdi Village Development Committee (VDC), Banke District has been tortured by the police in Ward 9, Fattepur VDC, Mahemanpur, Banke District, on 19 July 2015.
On July 19, he was traveling to Fattepur VDC to sell fish. At around 5 p.m., he saw two police officers beating three drunkards, who had been causing a nuisance and making noise. Of the two officers, one was a Police Sergeant. All of a sudden, the policeman started beating Mohar with a bamboo stick, without giving any reason. He was beaten for almost 3 minutes. While beating him, the policeman used foul words; Mohar belongs to a Muslim community.
They detained Mohar for 30 minutes. During this time they abused him for being a Muslim. After that, they handed him over to the local people, saying they didn’t want to keep him in prison.
Mohar’s arm has swelled, and he has sustained severe bruising to his leg. He was unable to walk and sit properly for almost 2 hours following the torture.
Mohar contacted THRD Alliance members, who supported him. An x-ray was conducted on 20 July 2015. The x-ray report shows the swelling, but there is no internal damage.
Mohar has been feeding his family by selling fish, door to door. After the incident, he is unable to continue his work. As a small farmer, his economic status is not so good; therefore, he is still unable to go to the hospital for proper treatment.
Mohar has been seeking justice and compensation for the torture he has suffered. However, due to the feedback collection drive on draft constitution of Nepal, virtually every governmental organization has shut shop; the government has announced public holidays for the collection.
The AHRC urges the government of Nepal to investigate the police officers involved in torturing Mohar Ali Nau for no reason. If he did any wrong, he should have been taken into custody and due process should have followed. It seems the police officers were merely taking out their anger and frustrations on him.
Departmental action must be taken against the police officers, who publicly tortured Mohar Ali Nau. In order to reduce the incidence of police torture in Nepal, the government of Nepal must promulgate the Anti-Torture Law. The related Bill is pending in Parliament.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of police violence, requesting immediate intervention.
The AHRC has written a separate letter to the UN 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
SAMPLE LETTER
Dear………………,
NEPAL: Fish seller tortured by the Nepal Police
Name of victim: Mr. Mohar Ali Nau (35), Ward 8, Kamdi Village Development Committee (VDC), Banke District, Nepal.
Alleged perpetrators: Unidentified Police Officers stationed at ward 9, Fattepur VDC, Mahemanpur of Banke District, Nepal.
Date of incident: 19 July 2015 to present
Place of incident: Fattepur VDC, Mahemanpur of Banke District, Nepal.
I am writing to voice my deep concern regarding Mohar Ali Nau, a Muslim man, aged 35, resident of Ward 8, Kamdi Village Development Committee (VDC), Banke District, has been tortured by the police.
On July 19, he was traveling to Fattepur VDC to sell fish. At around 5 p.m., he saw two police officers beating three drunkards, who had been causing a nuisance and making noise. Of the two officers, one was a Police Sergeant. All of a sudden, the policeman started beating Mohar with a bamboo stick, without giving any reason. He was beaten for almost 3 minutes. While beating him, the policeman used foul words; Mohar belongs to a Muslim community.
They detained Mohar for 30 minutes. During this time they abused him for being a Muslim. After that, they handed him over to the local people, saying they didn’t want to keep him in prison.
Mohar’s arm has swelled, and he has sustained severe bruising to his leg. He was unable to walk and sit properly for almost 2 hours following the torture.
Mohar contacted THRD Alliance members, who supported him. An x-ray was conducted on 20 July 2015. The x-ray report shows the swelling, but there is no internal damage.
Mohar has been feeding his family by selling fish, door to door. After the incident, he is unable to continue his work. As a small farmer, his economic status is not so good; therefore, he is still unable to go to the hospital for proper treatment.
Mohar has been seeking justice and compensation for the torture he has suffered. However, due to the feedback collection drive on draft constitution of Nepal, virtually every governmental organization has shut shop; the government has announced public holidays for the collection.
Therefore I urge the government of Nepal to investigate the police officers involved in torturing Mohar Ali Nau for no reason. If he did any wrong, he should have been taken into custody and due process should have followed. It seems the police officers were merely taking out their anger and frustrations on him.
Departmental action must be taken against the police officers, who publicly tortured Mohar Ali Nau. In order to reduce the incidence of police torture in Nepal, the government of Nepal must promulgate the Anti-Torture Law. The related Bill is pending in Parliament.
I look forward to your immediate attention in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, 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. Baburam Kunwar
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)
