ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-002-2022
09 June, 2022
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NEPAL: Police is torturing a minor girl
ISSUES: Torture, child rights, victims assistance and protection, police reform
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Dear Friends,
The Asian Human Rights Commission (AHRC) is bringing to your notice an incident where a minor girl is being tortured by the police after she was arrested alleging her of involvement in the murder of a neighbour. This information was provided by the Advocacy Forum (AF) Nepal.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum (AF) that a minor girl is being tortured by the police. Miss KC, 16, (DoB: 24 April 2006), a 10th grader and a resident of Simara Sub-Metropolitan City, Bara District, is under threat to torture and life. She was arrested by the police deputed from the Area Police Office, Simara on 23 May 2022 alleging her of involvement in the murder of Rakesh Bhakta Paudel, a neighbour.
According to the family members of Miss KC, neighbor Rakesh Bhakta Paudel used to frequently visit the house of Chitra Bahadur KC (Miss KC’s father) as he did on 12 May 2022. Because the local election was scheduled for the next day and Chitra Bahadur KC was open candidate for Ward Member from Jitpur Simra, he had invited some of his neighbours and supporters for a dinner party at his house. After dinner, others slept in his house; however, Rakesh Bhakta Poudel went out from his house.
In the same night, Rakesh came back to the house and entered the room where Miss KC was sleeping alone. Then, he allegedly touched to her neck and tried to touch her breast. When she realized that someone was touching her, she woke up and pushed him. Rakesh fell on the floor and she shouted at him. Rakesh was heavily drunk.
Hearing the noises, Sandeep Thapa, who also was sleeping in the next room along with others came there, asked questions and scolded Rakesh. Rakesh made his way towards the rooftop without answering him and Sandeep also followed him to the roof. There was a quarrel between them on the rooftop. She got frightened by the incident and went back to her room and covered herself with two blankets.
At around 2 am in the morning of 13 May 2022, a neighbour first saw the dead body of Rakesh outside the channel gate of the house and informed others in the house. Then they informed the police about it.
Kedar Bhakta Poudel, elder father of the deceased, Chiranjivi Bhakta Poudel, father of the deceased and close relative Rajiv Bhakta Poudel lodged a First Information Report (FIR) against Chitra Bahadur KC, Santosh Khatri, Khagendra Thapa, Durgadevi KC, and K.P Rijal in the Area Police Office, Simara, Bara district.
Then on 23 May 2022, the police arrested Miss KC from her house after she told them that she had hit Rakesh with a beer bottle when he tried to rape her. So he died. Then police arrested her and detained her at Area Police Office, Simara. Later, Miss KC informed a lawyer that she was pressurized by Sandeep Thapa to confess to the murder; otherwise she and her family would face bad consequences on allegation of her involvement in the murder of Rakesh. After arrest, she was taken to Area Police Station, Simara where she was kept in detention cell with an adult woman detainee. After arrest on 23 May 2022, Miss KC was slapped hard by Sub Inspector Sagar Rana asserting her for lying the truth. Then Assistant Head Constable (AHC) Parvati Bohora kept her in detentioin with handcuffs for the whole night. On 25 and 26 May 2022, Miss KC was severely tortured by five police personnel at Area Police Office, Simara.
On 25 May 2022, from around 11 am to 6 pm, the above mentioned 5 police officers took Miss KC to the interrogation room where some male police officers forced her to lie down on the floor, some of them caught her legs and hands tightly, one unidentified tall and dark complexioned policeman stepped on her knees while AHC Parbati Bohora hit with an iron inserted black colored plastic pipe on the soles of her feet repeatedly. Intermittently, they used to accuse her for lying the truth and demanding to tell the truth. During interrogation, an unidentified policeman kicked hard on her chest while she was forcefully lying down on the floor. Due to beatings for several times on the soles of her feet, there were wounds on her ankles. A lawyer witnessed wound on the ankles and black and blue marks on the outside part of left chin. Due to handcuffs for a long time, her right wrist was swollen and bruises were visible.
Due to severe torture, Miss KC felt thirty and requested for water, however, policemen refused to give her. After several requests, she was given water and she drank two bottles of water. She told that police beat her for more than 200 times on the soles of her feet. At around 6pm, she was taken to the detention cell and kept there.
At around 2pm the same day, her mother Ms. KC was also arrested by police and kept in the same detention cell with Miss KC. During their detention, Miss KC shared to her mother about police torture and Ms. KC witnessed swollen hands, feet and sores on the body parts her daughter. The same day at around 9 pm, Police released Ms. KC.
On 26 May 2022 also Miss KC was taken to same interrogation room of Area Police Office, Simara where she was tortured for about 2 hours by beating on the soles of feet and other body parts like the previous day. She was mentally tortured by threatening to her life. According to her, the unidentified tall and dark complexioned policeman who had stamped on her chest the previous day said, “We will kill you by hanging on the ceiling fan, it will cost us only one page of Nepali paper.” He aimed to kick her face with police boots. Likewise, SI Sagar Rana said, “I know that you have an illicit relationship with Sandip Thapa, I am going to use a polygraph test and find out every truth about you.”
Miss KC was not allowed to meet family members till 26 May 2022. According to the family members, she was transferred to the District Police Office, Bara on 3 June 2022 from Area Police Office, Simara.
On 29 May 2022, other 13 people including one 16-year-old boy were arrested by police and kept in Area Police Office, Simara and among them 5 persons are kept in District Police Office, Bara.
During the remand hearing at District Court, Bara, AHC Parbati Bohora did not allow her to speak to the judge about police torture. When judge asked about police treatment in the police detention, AHC Bohora responded to the judge and pinching Miss KC from behind signaling not to speak about the torture. Miss KC was not allowed to speak to the journalists while returning from the remand hearing at District Court, Bara.
At around 8 am on 5 June 2022, Miss KC was taken to the Area Police Office, Simara from District Police Office, Bara. Then she was kept in the dark room for 3 hours. She knocked on the door and requested for help but police did not open the door. After 3 hours the police opened the door and she requested to go to the toilet where AHC Parbati Bohora punched on face of Miss KC for telling about ongoing torture to the lawyer. According to Miss KC’s mother, her face is swollen. Then she was taken to the same interrogation room where she was severely tortured on 25th and 26th May. When she saw the plastic pipes and sticks she was re-traumatized. Then DSP Yubraj Timilsina showed a list of names including her father, mother, and brother-in-law and forced her to name anyone as a culprit. Miss KC felt uneasiness and fell on the floor but police accused her of pretending. The police did not take her to hospital for 10 to 15 minutes. When police realized that her health is deteriorating, she was taken to Alpine Medical College Teaching Hospital, Simara where she was given 5 injections and saline water and she was forced to pay for her treatment. Without giving her full treatment, she was taken back to the District Police Office, Bara at around 8 pm and detained. According to Miss KC, a nurse had asked the police why was tortured severely, ACH Parbati scolded to the nurse.
As of 6 June 2022, Miss KC is kept in the detention of the District Police Office, Kalaiya, Bara along with adult detainees. She is still under threat of physical and mental torture. Her mother is fearing for her safety and security of her daughter and appealing to immediate rescue. The police have now arrested the mother of the minor girl.
The Asian Human Rights Commission (AHRC) strongly condemns the continuous torture on a minor girl. The police officers named in this urgent appeal must be suspended, and an impartial investigation on their conduct must be carried out immediately. The minor girl, her mother, and others must be released from the police custody and receive medical care and treatment.
We urge the readers to send the following letter to the authorities mentioned below.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
NEPAL: Police is torturing a minor girl
Name of victims: Miss KC, 16, (DoB: 24 April 2006), a 10th grader and resident of Simara Sub-metropolitan, Bara District, Nepal
Name of alleged perpetrators:
1. Deputy Superintendent of Police (DSP) Yubraj Timilsina, around 38 years old, Incharge of Area Police Office, Simara, Bara district
2. Inspector Rajkishore Shah, Investigation Officer of this case from Area Police Office, Simara
3. Sub Inspector (SI) Sagar Rana, from District Police Office, Bara
4. Assistant Head Constable Parvati Bohora, from Aread Police Office, Simara (and posted to a Police Post)
5. Unidentified tall and dark complexioned policeman from Area Police Office, Simara
6. And other 2 unidentified policemen from Area Police Office, Simara
Date of incident: 23 May 2022 to the present
Place of incident: Area Police Office, Simara, Bara District of Nepal
I draw your attention to the following incident where a minor girl is being tortured by the police. Miss KC, 16, (DoB: 24 April 2006), a 10th grader and a resident of Simara Sub-Metropolitan City, Bara District, is under threat to torture and life. She was arrested by the police deputed from the Area Police Office, Simara on 23 May 2022 alleging her of involvement in the murder of Rakesh Bhakta Paudel, a neighbour.
According to the family members of Miss KC, neighbor Rakesh Bhakta Paudel used to frequently visit the house of Chitra Bahadur KC (Miss KC’s father) as he did on 12 May 2022. Because the local election was scheduled for the next day and Chitra Bahadur KC was open candidate for Ward Member from Jitpur Simra, he had invited some of his neighbours and supporters for a dinner party at his house. After dinner, others slept in his house; however, Rakesh Bhakta Poudel went out from his house.
In the same night, Rakesh came back to the house and entered the room where Miss KC was sleeping alone. Then, he allegedly touched to her neck and tried to touch her breast. When she realized that someone was touching her, she woke up and pushed him. Rakesh fell on the floor and she shouted at him. Rakesh was heavily drunk.
Hearing the noises, Sandeep Thapa, who also was sleeping in the next room along with others came there, asked questions and scolded Rakesh. Rakesh made his way towards the rooftop without answering him and Sandeep also followed him to the roof. There was a quarrel between them on the rooftop. She got frightened by the incident and went back to her room and covered herself with two blankets.
At around 2 am in the morning of 13 May 2022, a neighbour first saw the dead body of Rakesh outside the channel gate of the house and informed others in the house. Then they informed the police about it.
Kedar Bhakta Poudel, elder father of the deceased, Chiranjivi Bhakta Poudel, father of the deceased and close relative Rajiv Bhakta Poudel lodged a First Information Report (FIR) against Chitra Bahadur KC, Santosh Khatri, Khagendra Thapa, Durgadevi KC, and K.P Rijal in the Area Police Office, Simara, Bara district.
Then on 23 May 2022, the police arrested Miss KC from her house after she told them that she had hit Rakesh with a beer bottle when he tried to rape her. So he died. Then police arrested her and detained her at Area Police Office, Simara. Later, Miss KC informed a lawyer that she was pressurized by Sandeep Thapa to confess to the murder; otherwise she and her family would face bad consequences on allegation of her involvement in the murder of Rakesh. After arrest, she was taken to Area Police Station, Simara where she was kept in detention cell with an adult woman detainee. After arrest on 23 May 2022, Miss KC was slapped hard by Sub Inspector Sagar Rana asserting her for lying the truth. Then Assistant Head Constable (AHC) Parvati Bohora kept her in detentioin with handcuffs for the whole night. On 25 and 26 May 2022, Miss KC was severely tortured by five police personnel at Area Police Office, Simara.
On 25 May 2022, from around 11 am to 6 pm, the above mentioned 5 police officers took Miss KC to the interrogation room where some male police officers forced her to lie down on the floor, some of them caught her legs and hands tightly, one unidentified tall and dark complexioned policeman stepped on her knees while AHC Parbati Bohora hit with an iron inserted black colored plastic pipe on the soles of her feet repeatedly. Intermittently, they used to accuse her for lying the truth and demanding to tell the truth. During interrogation, an unidentified policeman kicked hard on her chest while she was forcefully lying down on the floor. Due to beatings for several times on the soles of her feet, there were wounds on her ankles. A lawyer witnessed wound on the ankles and black and blue marks on the outside part of left chin. Due to handcuffs for a long time, her right wrist was swollen and bruises were visible.
Due to severe torture, Miss KC felt thirty and requested for water, however, policemen refused to give her. After several requests, she was given water and she drank two bottles of water. She told that police beat her for more than 200 times on the soles of her feet. At around 6pm, she was taken to the detention cell and kept there.
At around 2pm the same day, her mother Ms. KC was also arrested by police and kept in the same detention cell with Miss KC. During their detention, Miss KC shared to her mother about police torture and Ms. KC witnessed swollen hands, feet and sores on the body parts her daughter. The same day at around 9 pm, Police released Ms. KC.
On 26 May 2022 also Miss KC was taken to same interrogation room of Area Police Office, Simara where she was tortured for about 2 hours by beating on the soles of feet and other body parts like the previous day. She was mentally tortured by threatening to her life. According to her, the unidentified tall and dark complexioned policeman who had stamped on her chest the previous day said, “We will kill you by hanging on the ceiling fan, it will cost us only one page of Nepali paper.” He aimed to kick her face with police boots. Likewise, SI Sagar Rana said, “I know that you have an illicit relationship with Sandip Thapa, I am going to use a polygraph test and find out every truth about you.”
Miss KC was not allowed to meet family members till 26 May 2022. According to the family members, she was transferred to the District Police Office, Bara on 3 June 2022 from Area Police Office, Simara.
On 29 May 2022, other 13 people including one 16-year-old boy were arrested by police and kept in Area Police Office, Simara and among them 5 persons are kept in District Police Office, Bara.
During the remand hearing at District Court, Bara, AHC Parbati Bohora did not allow her to speak to the judge about police torture. When judge asked about police treatment in the police detention, AHC Bohora responded to the judge and pinching Miss KC from behind signaling not to speak about the torture. Miss KC was not allowed to speak to the journalists while returning from the remand hearing at District Court, Bara.
At around 8 am on 5 June 2022, Miss KC was taken to the Area Police Office, Simara from District Police Office, Bara. Then she was kept in the dark room for 3 hours. She knocked on the door and requested for help but police did not open the door. After 3 hours the police opened the door and she requested to go to the toilet where AHC Parbati Bohora punched on face of Miss KC for telling about ongoing torture to the lawyer. According to Miss KC’s mother, her face is swollen. Then she was taken to the same interrogation room where she was severely tortured on 25th and 26th May. When she saw the plastic pipes and sticks she was re-traumatized. Then DSP Yubraj Timilsina showed a list of names including her father, mother, and brother-in-law and forced her to name anyone as a culprit. Miss KC felt uneasiness and fell on the floor but police accused her of pretending. The police did not take her to hospital for 10 to 15 minutes. When police realized that her health is deteriorating, she was taken to Alpine Medical College Teaching Hospital, Simara where she was given 5 injections and saline water and she was forced to pay for her treatment. Without giving her full treatment, she was taken back to the District Police Office, Bara at around 8 pm and detained. According to Miss KC, a nurse had asked the police why was tortured severely, ACH Parbati scolded to the nurse.
As of 6 June 2022, Miss KC is kept in the detention of the District Police Office, Kalaiya, Bara along with adult detainees. She is still under threat of physical and mental torture. Her mother is fearing for her safety and security of her daughter and appealing to immediate rescue. The police have now arrested the mother of the minor girl.
I strongly condemn the continuous torture on a minor girl. The police officers named in this urgent appeal must be suspended, and an impartial investigation on their conduct must be carried out immediately. The minor girl, her mother, and others must be released from the police custody and receive medical care and treatment.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Sher Bahadur Deuba
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. Bal Krishna Khaad
Home Minister
Ministry of Home Affairs
Singh Durbar, Kathmandu
Tel: +977-1-4211208, +977-1-4211214 1112
Fax: +977-1-4211257, +977-1-4211286
Email: control@moha.gov.np / gunaso@moha.gov.np
Facebook: https://www.facebook.com/hellomoha/
Twitter: https://twitter.com/moha_nepal
3. Mr. Top Bahadur Magar
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. Khamma Bahadur Khati
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. Dhiraj Pratap Singh
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 Program
Asian Human Rights Commission (ua@ahrc.asia)
