Dear Friends
We are forwarding information from The International Secretariat of OMCT on the Torture and incommunicado detention of three men by Police in the Hanumandhoka District Police Office (HDPO), Kathmandu in Nepal.
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The International Secretariat of OMCT requests your urgent intervention regarding the situation of Torture, arbitrary arrest, incommunicado detention, death threats, and impunity in Nepal (OMCT Case L 040903).
Brief description of the situation:
The International Secretariat of OMCT has been informed by a reliable source, a member of the OMCT network, of the torture and incommunicado detention of three men, Kumar Lama, Manoj Lama and Abdhesh Singh, at the Hanumandhoka District Police Office (HDPO), Kathmandu in Nepal. Lawyers have reportedly been blocked from meeting with detainees, and the use of torture has been documented in this and in previous cases (see The International Secretariat of OMCT Urgent Appeal NPL 190503) in this detention facility, giving rise to fears of further torture being perpetrated against the detainees.
Three applications have been lodged under the Torture Compensation Act of Nepal, with the District Court of Kathmandu, on behalf of Kumar Lama, Manoj Lama and Abdhesh Singh, for them to be allowed to undergo medical examinations, as they were found to have been tortured in custody. The court has ordered the HDPO, Kathmandu, to
take these detainees to hospital. Despite the court order, the detainees have reportedly not been taken to hospital, and they have been detained incommunicado since then, with no access to legal counsel.
According to the information received, 26-year old Manoj Lama from the Kavre district Majhifeta VDC ward no-1, a driver by profession, and who is temporarily residing at Boudha Kathmandu, was arrested on July 30th, 2003 from Kapan, Kathmandu at around 8.00a.m.and was brought to the HDPO on the same day. He was produced before the court for the first time on August 11th, 2003, having been charged with theft.
During a visit by a lawyer on August 6th, 2003, he stated that while in police custody in the interrogation section (Kerkar) at Hanumandhoka, two policemen beat him with a wooden stick for about an hour. He was reportedly beaten on the knees, ankles and on the back. He was told to lie down and was beaten on the feet. He was reportedly again subjected to violent beatings on August 5th by policemen: at first his hands were tied with a rope, and he was beaten on the knees and ribs. This treatment has reportedly resulted in him experiencing a lot of pain, especially in the knees and ankles.
When he was produced before the court he was not asked about the torture. Lawyers have reportedly lodged an application for his physical and mental examination, under the Torture Compensation Act, before the District Court Kathmandu on August 13th, 2003, and the court ordered the District Police Office to take him to hospital for the medical examination. However, he has not yet been provided with any medical treatment and his lawyers have not since been allowed to visit him, giving rise to grave concerns for his health and wellbeing.
Separately, 30-year old Abdesh Singh from Sarlahi district Sudama VDC ward no 4, who is temporarily residing at Gaurighat Kathmandu, and is a Kabad labourer, was reportedly arrested on July 30th, 2003 at 10a.m. in Chabahil and was brought to the District Police Office in Hanumandhoka. He was produced before the Kathmandu District Court on August 11th, 2003, having been charged with theft. When a lawyer visited him in custody on 15 August 15th, 2003, he stated that on July 30th, 7 to 8 plainclothes policemen arrested him and kept him in a police van. He was brought to Hanumandhoka and was tortured severely and continuously for 4 days in the Interrogation Section (kerkar) of Hanumandhoka. Two or three policemen beat him with a bamboo stick on the soles of his feet, his thighs, back, hands, calves and ankles. He was beaten until he falsely confessed to having stolen some goods. He was allegedly arrested because the aforementioned Manoj Lama gave his name during interrogation. As a result of the torture, he feels severe pain in his ankles and much of his body aches. He has also lost his ability to eat and sleep properly. As above, when he was produced before the court, the judge did not ask him about the torture. He remains in incommunicado detention.
Finally, 31-year old Kumar Lama, a permanent resident of Sarlahi District, Narayankhola VDC, ward no.5, who has been residing in Bhaktapur District, Lokanthali for the last 5 to 6 years along with his family, and is a driver by profession, was arrested by 5 to 6 plainclothes policemen from the HDPO at 7:30am in the morning on July 1st, 2003 from a teashop in Lokhanthali. He was reportedly first taken to the Ward Police Station, Balkhu where he was kept for about half an hour. Then he was transferred to the Ward Police Station, Jawlakhel, where he was kept for 6 hours after which he was finally brought to the HDPO. He was presented to the District Court for remand extension on charges of robbery on July 3rd, 2003. In the Balkhu Ward Police Station, around 6 to7 policemen beat him continuously for about 4 to 5 minutes with bamboo sticks and hit him all over his body. He was made to face the wall and was kept at gunpoint, with the policemen threatening to kill him.
He was also beaten in the Jawlakhel Ward Police Station by around 2 to 3 policemen, before finally being brought to the HDPO at around 4pm and being immediately taken to the Interrogation Section where he was continuously tortured for 4 hours from 4pm to 8pm. He was reportedly punched, kicked and beaten with a stick, and made to lie down and was beaten on the soles of his feet. He asked for some water but was not allowed to drink until he was brought back to his cell. On the third day of his detention, at around 7am in the morning, he was again taken to the Interrogation Section, where a policeman beat him for two hours continuously with a stick on his knees, calves and the soles of his feet. Then the policeman removed the leather belt that he was wearing and used it to tie up both his hands. An iron rod was then inserted between his knees and tied up – he was then again beaten on the soles of his feet, knees and calves. He has not received a medical examination and remains in incommunicado detention.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Manoj Lama, Abdhesh Singh and Kumar Lama, and calls on the authorities to guarantee their personal integrity at all times, to order their immediate release, to provide them with appropriate medical assistance and reparation, and to launch an immediate investigation into these events in order to bring those responsible to justice. The OMCT further calls upon the authorities to ensure that all detainees, particularly those being detained at the HDPO, be allowed unhindered access to legal representation.
Action requested:
Please write to the authorities in Nepal urging them to:
i. take all necessary measures to guarantee Manoj Lama, Abdhesh Singh and Kumar Lama’s physical and psychological integrity, including the provision of adequate medical assistance;
ii. guarantee that the detainees are granted access to legal representation;
iii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, and provide adequate reparation to the victims of these abuses;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
· Prime Minister, Rt Hon Lokendra Bahadur Chand, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 422 3838/442 8220/442 8570
· Deputy Prime Minister and Home Minister, Hon Badri Prasad Mandal, Office of the Deputy Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 424 0942
· Foreign Secretary, Madhu Raman Acharya, Ministry of Foreign Affairs, Shital Niwas, Maharajgunj, Kathmandu, Nepal, Fax: +977 1 441 6016/6007
· Minister of Home Affairs, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 424 0942
· Ambassador to the United Nations, H.E. Dr. Shambhu Ram Simkhada, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
Please also write to the embassy of Nepal in your respective country.
Geneva, September 4th, 2003
Kindly inform the OMCT of any action undertaken quoting the code of this appeal (OMCT Case L 040903) in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
