Dear friends,
The Terai Human Rights Defenders (THRD) Alliance in Nepal has informed the Asian Human Rights Commission (AHRC) that police have tortured 16-year-old Prakash Gharti Magar and his friends Nishanta Rokka, Bijay Basnet, Bishal Nepali, and Rajendra B.K. The boys were taken into illegal custody, kicked, and beaten and Prakash’s leg was broken. Prakash’s friends remain in custody.
CASE NARRATIVE:
Prakash Gharti Magar went to an annual school celebration with his friends on 31 December 2014. When they were watching a dance program at Children Development School in Ghorahi Municipality, Bibek Budha Magar, Rajanish, Bikalp Pun, and three others started using foul words. Thinking that it might lead into a fight, Prakash along with his friends Amar Thapa, Nishanta Rokka, Bijay Basnet, Sunil B.K., and Sanam K.C. left. They were followed by Bibek, Rajanish, and Bikalpa.
As Prakash and his friends passed by Bikalp Pun’s house, they were attacked with bricks and stones by Bibek, Rajanish, and Bikalpa. While they protested, one of the stone broke the window of Bikalpa’s house. During the scuffle, Prakash was hit with a stone on his knee. When he went for a checkup on 1 January 2015, doctor told him that his leg had been fractured.
On 18 January, six police officers from the local police office came to arrest Prakash. When the police found him, one of the officers kicked him on his chest with the heavy police-boot, knocking him down. One of the police officer put a gun on his head and threatened to shoot him if he did not tell them where his friends were. Prakash was scared and complied. After that police kicked him six times on the same leg that has been fractured, causing it to break again.
The police began dragging him to their van, but when he complained that he his leg was in pain and he could not walk any further, the same officer who kicked him carried him to the vehicle. Prakash was dropped on the ground and ordered to board the police van. He couldn’t do it due to the extreme pain. When the officers scolded him in anger, he managed to climb into the back, hoisting himself on the van’s bumper.
The group drove to a hotel where Prakash’s friends were. One officer stayed with Prakash in the van while three police officers stayed outside the hotel and the others broke the hotel door and arrested Nishanta Rokka, Bijay Basnet, Bishal Nepali, and Rajendra B.K. The police officers kicked them, beat them with sticks, poured salt over their heads, and used a knife to hack off parts of Rajendra B.K.’s hair.
All of the boys were taken to the Rapti Sub-Regional Hospital for checkup. When the doctor asked about the leg and Prakash replied that he was in extreme pain and finding it hard to walk.
The police took them to the Local Police Office and kept them in custody overnight, illegally, as they were neither provided with arrest warrants nor told reasons for their arrest. Prakash could not sleep all night due to pain in his leg.
At 4 a.m. on 19 January, the police told them to wake up. At 7 a.m., all of them were rounded outside the table tennis playground and told to lie down. All of them, expect Prakash, were hit two times with sticks.
Prakash was told to open his pants. He told the police he would not open his pant out in an open area so he was then taken to a kitchen. When he tried to open his pants, he could not do so due to swelling of his legs. The officer who took him inside hit him three times on his back with a stick. When he came out without opening his pants, one officer gave him four or five slaps in the face saying that there was pain in the leg, but not in his cheeks. Then another officer pulled his hair.
All police officers who came near the boys hit them at least once. At around 2 p.m., they were taken to the District Administration Office (DAO) on foot, though Prakash was taken on a police van, to have their fingerprints taken. At 4 p.m., Prakash was taken to the Rapti Sub-Regional Hospital for an ex-ray. When they found that his leg was again broken, one of the officers ordered him to get money from home for his treatment, but when Prakash made a phone call, the phone was not able to get through. The police then told him go home, get treatment for his broken leg, and come back to the police station.
Prakash is scared to go back to the police station but also fears that the police would come back and arrest him if he does not report in. The police have kept his friends in custody and planning to charge them with “public offence”.
The AHRC urges the government of Nepal to immediately intervene and investigate this matter. The minors should be released from custody. The police personnel involved in the alleged torture must be subject to investigation and the guilty must be prosecuted. The AHRC urges the government of Nepal to criminalize torture and bring an Anti Torture Act.
BACKGROUND INFORMATION:
In spite of repeated national and international calls, the government of Nepal has been unable or unwilling to put an end to custodial torture. Torture remains the preferred tool for investigation in Nepal’s police stations. The police resort to torture and violence during their so-called mission of maintaining peace and order in society.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of unlawful arrest and torture, and 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
SAMPLE LETTER
Dear ……………….,
NEPAL: Police in Dang District tortured minors leaving one with a broken leg
Name of victims:
1. Mr. Prakash Gharti Magar, 16 years old
2. Mr. Nishanta Rokka
3. Bijay Basnet
4. Bishal Nepali
5. Rajendra BK
All are from Ward # 6, Githepani Village Development Committee, Ghorahi Municipality.
Names of alleged perpetrators:
Six unidentified police officers, Local Police Office, Ghorahi, Dang.
Date of incident: 18 January 2015 to present
Place of incident: Local Police Office Ghorahi, Dang District, Nepal.
I am writing to voice my deep concern regarding police torture to 16-year-old Prakash Gharti Magar and his friends Nishanta Rokka, Bijay Basnet, Bishal Nepali, and Rajendra B.K. The boys were taken into illegal custody, kicked, and beaten and Prakash’s leg was broken. Prakash’s friends remain in custody.
I have received the information that Prakash Gharti Magar went to an annual school celebration with his friends on 31 December 2014. When they were watching a dance program at Children Development School in Ghorahi Municipality, Bibek Budha Magar, Rajanish, Bikalp Pun, and three others started using foul words. Thinking that it might lead into a fight, Prakash along with his friends Amar Thapa, Nishanta Rokka, Bijay Basnet, Sunil B.K., and Sanam K.C. left. They were followed by Bibek, Rajanish, and Bikalpa.
As Prakash and his friends passed by Bikalp Pun’s house, Bibek, Rajanish, and Bikalpa attacked them with bricks and stones. While they protested, one of the stone broke the window of Bikalpa’s house. During the scuffle, Prakash was hit with a stone on his knee. When he went for a checkup on 1 January 2015, doctor told him that his leg had been fractured.
On 18 January, six police officers from the local police office came to arrest Prakash. When the police found him, one of the officers kicked him on his chest with the heavy police-boot, knocking him down. One of the police officer put a gun on his head and threatened to shoot him if he did not tell them where his friends were. Prakash was scared and complied. After that police kicked him six times on the same leg that has been fractured, causing it to break again.
I know that the police began dragging him to their van, but when he complained that he his leg was in pain and he could not walk any further, the same officer who kicked him carried him to the vehicle. Prakash was dropped on the ground and ordered to board the police van. He couldn’t do it due to the extreme pain. When the officers scolded him in anger, he managed to climb into the back, hoisting himself on the van’s bumper.
The group drove to a hotel where Prakash’s friends were. One officer stayed with Prakash in the van while three police officers stayed outside the hotel and the others broke the hotel door and arrested Nishanta Rokka, Bijay Basnet, Bishal Nepali, and Rajendra B.K. The police officers kicked them, beat them with sticks, poured salt over their heads, and used a knife to hack off parts of Rajendra B.K.’s hair.
All of the boys were taken to the Rapti Sub-Regional Hospital for checkup. When the doctor asked about the leg and Prakash replied that he was in extreme pain and finding it hard to walk.
The police took them to the Local Police Office and kept them in custody overnight, illegally, as they were neither provided with arrest warrants nor told reasons for their arrest. Prakash could not sleep all night due to pain in his leg.
At 4 a.m. on 19 January, the police told them to wake up. At 7 a.m., all of them were rounded outside the table tennis playground and told to lie down. All of them, expect Prakash, were hit two times with sticks.
It is outrageous that Prakash was told to open his pants. He told the police he would not open his pant out in an open area so he was then taken to a kitchen. When he tried to open his pants, he could not do so due to swelling of his legs. The officer who took him inside hit him three times on his back with a stick. When he came out without opening his pants, one officer gave him four or five slaps in the face saying that there was pain in the leg, but not in his cheeks. Then another officer pulled his hair.
All police officers who came near the boys hit them at least once. At around 2 p.m., they were taken to the District Administration Office (DAO) on foot, though Prakash was taken on a police van, to have their fingerprints taken. At 4 p.m., Prakash was taken to the Rapti Sub-Regional Hospital for an ex-ray. When they found that his leg was again broken, one of the officers ordered him to get money from home for his treatment, but when Prakash made a phone call, the phone was not able to get through. The police then told him go home, get treatment for his broken leg, and come back to the police station.
Prakash is scared to go back to the police station but also fears that the police would come back and arrest him if he does not report in. The police have kept his friends in custody and planning to charge them with “public offence”.
Therefore, I urge the government of Nepal to immediately intervene and investigate this matter. The minors should be released from custody. The police personnel involved in the alleged torture must be subject to investigation and the guilty must be prosecuted. I also urge the government of Nepal to criminalize torture and bring an Anti Torture Act as soon as possible.
I look forward to your immediate attention in this matter.
Yours Sincerely,
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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 ornhrc@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)
