NEPAL: Assault and threat of a policeman by senior police officers at District Police Office in Surkhet

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Surendra Thapa was severely beaten up by senior police officers of the District Police Office (DPO), Surkhet district in Nepal on 15 October 2007. After he disclosed this incident to the public, he has faced constant threats of dismissal from his job. The AHRC calls for a proper and fair investigation to be conducted.

CASE DETAILS:

Mr. Surendra Thapa, a 22 year-old police constable at the District Police Office (DPO), Surkhet in Nepal. He is a permanent resident of Jaljala VDC-7, Sankhuwasava District, Nepal and temporarily residing at Birendranagar Municipality – 6, Surkhet district in a rented room.

According to the information received, Surendra arrived at the DPO Surkhet at about 10:00 am on 15 October, 2007 in uniform for his regular duty. He was assigned for duty outside the DPO in a team. Surendra said, “Just before leaving the DPO premises, Sub Inspector (SI) of Police Deependra told me that the t-shirt that I was wearing was not inside the pants. Immediately, I opened my belt of the pants and then tried to arrange my dress properly. But, Assistant Sub Inspector (ASI) Jay Bahadur scolded me with very filthy language, and pointing at me said, “he doesn’t have a belt so how does he arrange his clothes!”  I replied, “I have got a belt sir”. Then, the ASI Jay Bahadur immediately punched me on my chest saying that I have replied instantly to the higher officer. I fell down on the ground with his single blow.”

Surendra tried to apologise yet the senior police officers continued beating him. When they desisted he carefully stood up and tried to compose himself. Surendra further stated, ‘in a polite way I said to ASI Jay Bahadur, ‘why did you beat me sir?’ However, ASI Jay Bahadur started beating me [again] blaming that I had replied against senior officers. He beat me with his boots and fist on my head, back, chest for about 10 to 15 times until I fell down on the ground.”

In the meantime, another SI Mr. Khatri also went near him and scolded him saying that he had spoken against the seniors. Then, he took a bamboo stick, which Surendra had carried himself for the duty, and started beating him. Surendra said, “SI Khatri beat me for about 20 minutes with the bamboo stick on my back, flank, thighs, and calf. I screamed a lot, moved here and there with pain but they didn’t stop beating me. After about 20 minutes, I lost my consciousness.”

According to the eyewitnesses and the victim himself, Surendra was taken to the room of Deputy Superintendent of Police (DSP) Mr. Bahadurjung Malla for the interrogation after being beaten for about 20 minutes. DSP Malla asked the details of the incident but he couldn’t tell the details as he was semi conscious. Even at the room of DSP, SI Khatri had beaten him and the DSP did not object to the punishment. The witnesses also stated that Surendra was taken to Regional Hospital, Surkhet, on the same day after his health deteriorated with the help of his wife and two police men at DPO Surkhet. He was taken back to the DPO after he was given some medicine but at no time did he receive proper treatment. After the incident, Surendra was not allowed to go to his rented room nearby the DPO. He said, “I was kept 8 days inside DPO along with other police trainees with the order of SI Mr. Khatri. I was also warned not to disclose the incident to human rights activists and journalists.”

Surendra then, visited senior police officers seeking justice. He met the Superintendent of Police (SP) Mr. Ram Kumar Khanal at DPO Surkhet who assured that he would provide him medical treatment and take action against the police officers if they were found guilty. However, Surendra was provided no medical treatment and no action has yet been taken against the police officers involved in the incident. Surendra then pursued help from the Deputy Inspector General of police (DIG), Mr. Bharat G.C. of the regional police office, Surkhet, 22 days after the incident but DIG didn’t take his demand seriously and instead told him that he was not a suitable person to work in the police department.

The senior officers of the police deliberately created obstacles when he tried to discuss the incident with those concerned. The DPO authorities listened to his statement on 18 November 2007, but on November 29, he was called in a second time and was told that he had given a false statement on 18 November 2007. Surendra has tried to get justice from the police authorities but has yet to receive any assistance of redress.

Finally, seeking justice, Surendra met a journalist and disclosed the entire incident. This was published in the ‘Nayapatrika National Daily’ newspaper on 23 December 2007. However, since then he has been receiving threats and feeling insecure rather than getting the justice he hoped for after he disclosed the incident.

After disclosing this incident Surendra was sent to a training program despite his poor health, at Midwestern Regional Police Training Center, Nepalgunj, that started from 29 December 2007. Surendra requested the senior police officers not to include him in the training but the police inspector, Mr. Yogendra Khadka warned him, “you can leave the job if you cannot attend the training.” Surendra was also warned by the DSP Bahadurjung Malla that he would be fired from the job. The DSP Bahadurjung threatened him, “you can leave the job but if you don’t leave the job yourself we can dismiss you.’

Surendra was compelled to attend the training however, he once vomited blood on January 4, 2008. He was then taken to Bheri Zonal Hospital Nepalgunj but the hospital referred him to West Regional Police Hospital, Nepalgunj, Banke district after a while for the further treatment. Surprisingly, Surendra was sent back to DPO Surkhet on 5 January, 2008 with a letter by Midwestern Regional Police Training Center, Nepalgunj, Banke district, stating that he was not sincere at the training, and his irresponsibility towards the training might have a negative impact on the other trainees. The letter addressed to the DPO, Surkhet, was sent to take necessary action against Surendra.

Currently, Surendra is taking medication. He is now working at DPO, Surkhet, but he is worried about the security of his job and his health. Surendra complains of pain on his back, legs and hands and is concerned that his heath is getting worse.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below and urge them to immediately start investigation in the case for the alleged assaults by the senior police officers. As Surendra is constantly under threat of being dismissed from his job, and also his health is deteriorating, the concerned authorities are requested to provide security to his job and provide proper and immediate medical treatment. Also please urge the government authorities to provide legal remedies to the victim without further delay.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Torture calling for the intervention in this case.

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