NEPAL: Family subjected to repeated torture for more than a year

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Forum for Protection of People’s Rights, Nepal (PPR Nepal) regarding frequent and continuous police torture inflicted upon a family throughout the last year. The police from the Metropolitan Police Range Hanumandhoka Kathmandu were involved in torture of a Thakur family living in Kathmandu. The family had allegedly been under investigation for theft of gold from their landlord.

CASE NARRATIVE:

According to the information received, Mr. Uma Kanta Thakur (38) and his family members, who are permanent residents of Janakpur Municipality ward number 13 of Dhanusha District, have been victims of police torture throughout the last year. Uma Kanta is a barber by profession and belongs to Madheshi community. He has been living in Kathmandu Metropolitan city ward number 31 Bagbazar, Kathmandu for 20 years and in a rented room of Mr. Kalyan Khagdi for 15 years with his wife Sunita Devi Thakur (35) and children Mithiles Thakur (15), Rajesh Thakur (13), and Dipika Thakur (8), were also frequently tortured during their visits to the police stations. During this time, they have never had a single dispute with the landlord. (Picture above: close-up of the injuries on the body of Sunita Devi Thakur due to torture).

On 19 February 2013, Mallika Khadgi, the landlord’s wife, asked the Thakur children if they had taken her gold ornaments as could not find them anywhere. The gold included a finger ring, a bracelet, and a mangalsutra (beads and gold necklace worn by married women). Mallika alleged the three children, Mithiles, Rajesh, and Dipika, were responsible for the theft. Upon hearing the allegation, Uma Kanta tried to convince Mallika that they had not taken the gold. She did not want to listen to them and reiterated that a shaman told her that three persons are behind the theft, and that a girl had given the key of the locker where the gold was kept to a boy. According to the Shaman, the boy took the gold from the locker and gave it to woman wearing a red shawl. Believing this, Mallika claimed that the three persons involved in the theft were Thakur family members as the appearance and clothes mentioned by shaman match them exactly. Upon saying this, the Khadgi family beat the children and mistreated them badly.

Uma Kanta filed a petition in Metropolitan Police Circle Singhadurbar, Kathmandu on same day at around 5:30 pm seeking security for his family. Instead of protecting the Thakur family, 4-5 unidentified police officers came to his room and took his two sons away in a police van. The police did not present arrest warrant or give other cause. They asked the house owner Kalyan Khadgi to come to the police station immediately.

After asking a few questions regarding the gold theft, the police allowed the Thakur family to return to their home, but told the family to come to the station the next day. The Thakur family went to the police station at around 9 am on 20 February 2013. The police asked the three children if they had taken the gold; they denied taking it. The family was kept in the police office the whole day, only allowed to leave at around 4 pm. The Thakurs were told to return the following day. The same process happened next day. This process continued for three consecutive days.

After three days, police conducted a public inquiry. The police brought Thakur’s sons and daughter to the Metropolitan Police Circle, Singhadurbar after the inquiry. One of the Sub Inspector (SI) started beating Mithiles, the eldest son. They beat him on the soles of his feet with a polythene pipe. The police also used electric shocks on his ear before he was released.

Police summoned the Thakur family for cross examination at the Inquiry Section of Metropolitan Police Range (MPR) Hanumandhoka on 26 February 2013. The police handcuffed Mithiles and asked about the whereabouts of the gold. He again denied taking the gold. After this, police started beating him everywhere in his body and detained him without food and water. Uma Kanta was also beaten all over his body. One of the policemen slapped him on both sides of his ears causing lasting damage to his hearing.

Uma Kanta went to the Hanumandhoka Detention Center to provide food and water for his son, Mithiles, but the police did not allow him to do so. The Police released Mithiles on 27 February 2013 but told him to return the next day.

With fear of further torture and harassment, Uma Kanta went to the MPR Hanumandhoka with Mithiles on 28 February. Inspector Manjil Mukarung, from the Inquiry Section, ordered other policemen to put their signatures on a blank paper and let them go.

Uma Kanta later received a phone call from an unknown person. The person on the phone told him to speak to the CPN Maoist office as Mallika has filed a petition against the Thakur family regarding the gold theft. The unidentified person asked Uma Kanta to come to CPN Maoist office, but he did not go.

Uma Kanta received a call from the Hanumandhoka Inquiry Section 20 days later. The police asked him to come to the office with his family members. The family went to the police station next day where Assistant Sub Inspector (ASI) Pursottam Acharya took their statement and allowed them to go.

Uma Kanta received a phone call from MPR Hanumandhoka during which Inspector Kiran Neupane called asked him to come to Hanumandhoka with his wife. Next day, they went to MPR Hanumandhoka where they were kept in two separate rooms. The wife was sent upstairs where 4-5 policemen in civilian clothing (aged between 28-30) were sitting; they immediately started asking her about the gold using abusive words. They blamed her of taking 13 Tolas (around 151 gram) of gold. She was then beaten randomly. She was forced to lie down and they beat her on the soles of her feet, thighs, back, and other parts of her body with a polythene pipe. Sunita Devi fell unconscious due to this severe beating. When she regained consciousness, she was allowed to go.

Sunita Devi filed a petition at the National Women Commission (NWC). She also made a verbal complaint in the Metropolitan Police Commissioner’s Office, Ranipokhari, Kathmandu on 14 April 2013. The NWC and Commissioner’s Office assured the family that they would not be harassed after that and for a while after the complaint, police stopped calling and harassing them.

However, in September 2013 Uma Kanta received a call asking him to report to MPR Hanumandhoka as Deputy Superintendent of Police (DSP) Om Adhikari wanted to talk to him. After receiving this call, Uma Kanta immediately informed the Metropolitan Commissioner’s Office about the phone call from Hanumandhoka. However, he went to MPR Hanumandhoka with his children where they took his statement again.

While his statement was being taken, the police beat his younger son Rajesh. Rajesh had burn injuries from his childhood and doctors had advised the family to take good care of him as he remained very weak. Rajesh was very frightened and remains terrified whenever he sees a police officer.

The police also tried to take a forceful confession from Uma Kanta. He was handcuffed and was slapped again on both of his face. DSP Adhikari using abusive language said that his children had already confessed to the theft so they will be punished accordingly. But later they were allowed to go home.

Uma Kanta again received a phone call from the MPR Hanumandhoka on 26 January 2014 and asked to report in again. When he went to MPR Hanumandhoka the officer said “Oh you have come alone, why did not you bring your family?” The police ordered him to return with his family on 13 February 2014. 
The Thakur family went to MPR Hanumandhoka on 13 February 2014 and met Inspector Neupane. This Inspector told him to contact the DSP as his case is now handled by DSP. Also the Inspector told Uma Kanta that he could help him to get rid of this problem if he agrees to provide 40-50 thousand rupees. He then asked Uma Kanta to return on 22 February 2014.

The Thakur family has not gone to the police office due to fear of further torture, ill treatment, and possibility of extortion of bribe by the police officers. Due to this pattern torture, the Thakur family has suffered the effects of physical and mental trauma; Sunita Devi is on medication for symptoms showing a psychosocial problem and, like her son, is still very afraid of police officers. Likewise, the rest family is extremely worried about their security.

When the Thakur family got in touch with PPR Nepal on 21 February 2014, PPR Nepal sent Sunita Devi and her son Mithiles to the Forensic Department of Tribhuvan University Teaching Hospital (TUTH). According to the forensic report of Sunita Devi Thakur prepared on 24 February 2014, she has symptoms of physical and mental torture. The findings of the Psychiatric Department of TUTH hospital mentioned that they suffer from insomnia, loss of appetite, weight loss, irritability, and anger.
The findings of the report have been outlined below. Thus the AHRC is justifiably concerned about the physical and psychological condition of the family.

1. The scars found on different parts of the body are a result of blunt force injury; 
2. The photographs show multiple blunt force injuries which are mainly consistent with the present findings; 
3. The records from Kathmandu Model Hospital show that there were multiple soft tissue injuries in thighs and back which is consistent with the history and photographs;
4. The age of the injuries/scars is consistent with alleged time of infliction; and 
5. Examinee is suffering with psychological consequences and requires treatment by concerned specialist

The AHRC urges the Nepal government to ensure that such an incident is not repeated. It should immediately direct its relevant department to conduct an impartial investigation and punish the officers who were involved in this incident. The victim family’s fear of further torture and lack of security should be addressed by the government who should take appropriate measures to provide security to the family. The victim family should also receive free medical treatment, psychological counseling, and compensation for what they have to suffer. Furthermore, the government should take appropriate steps to prevent torture and provide immediate redress to all torture victims.

ADDITIONAL INFORMATION:

Torture has been institutionalized as a routine practice for investigation in Nepal. They do not take anyone into custody thus avoiding official records; rather, they prefer to call people and torture them for 2-4 hours in the name of investigation, allow them to go, but ask them to return on a later date. This kind of torture practice is more dangerous as, due to lack of official records of arrest, it will be hard to implicate them later on. This repetitious and frequent type of torture will not only damage victims physically, but will leave long term psychological trauma.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this incident and request immediate intervention on the allegations of torture. The officers who were involved must be subject to investigations and brought before the court of law.

The AHRC has written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this matter.

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