Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture of a shop owner and his wife after they had refused to give bribes to the police in Kathmandu Valley. The police also reportedly stole an important sum of money from their shop. Two days after the torture, the victims went to the police station to claim back their stolen money but the police threatened to fabricate charges against them. They took pictures of the victims which they are afraid may be used to harass them to discourage to seek remedy for their abuse.
One of the victims had already been severely tortured by drunken policemen in 2007 and suffered from severe anxiety disorder which prevented him from living a normal life for several years. Doctors fear that this new abuse and the ongoing threats may make this previous condition to return. No police officer was prosecuted in that case.
CASE NARRATIVE:
According to the information we have received from the Centre for Victims of Torture-Nepal, Mr. Ang Dorje Sherpa and his wife Mrs. Jangbu Sherpa were at their home in Golphutar of Kathmandu District on 9 February 2011 when seven to eight police officers from Metropolitan Police Circle, Maharjgunj, Kathmandu under the command of Inspector Om Prakash Khanal came at around 8.30 pm. The policemen reportedly asked them for money. It is a common practice for police officers to forcibly collect money regularly from shop owners of the Kathmandu Valley. As there was no legal reason for the policemen to ask for money from the victims, and as the victims were from a poor socio-economic situation, they refused. The policemen then started to beat them.
Inspector Khanal reportedly grabbed Ang Dorie Sherpa by the neck and hair and started to beat him randomly about his body. The policemen reportedly kicked him and punched him. Mrs. Jangbu Sherpa’s right breast and back were hit with the butt of the riffle and the policemen slapped her several times.
They were then both forced into the police van where the policemen continued to beat them. While they forcibly kept in the van, two policemen wearing police uniforms alleged that they had left their talkie-walkies in the victims’ house and reentered it without permission. The two policemen reportedly ransacked the house and looted Rs. 25,070 (USD 344), a significant sum of money for the economic situation of this couple.
The two victims were taken to the Metropolitan Police Circle, Maharajgunj, Kathmandu and were severely beaten during the journey. At no point during their arrest, were they shown an arrest warrant or told about the charges pending against them.
At the police station, the Deputy Superintendent of Police, DSP Deepak Thapa, asked for the reason of their arrest to which Inspector Khanal replied that Ang Dorje had started to beat the police without reason. DSP Deepak Thapa then reportedly ordered that they should be handcuffed and kept in detention. At no point in that process were they given a detention letter, a clear violation of the Police Act, which exposes the victims to abuses as their presence in the police station is not recorded.
They were kept in police detention until 11.30 pm. During their detention, the two victims were insulted with foul language, threatened with death and threatened that the police would file wrongful accusations against them so that they would be incarcerated for a long period of time. It is reported that as there were no female police officers during their detention, Mrs. Jangbu Sherpa was manhandled and threatened by male police officers.
On 10 February, the next morning, the victims received a medical examination at CVICT centre. The examination revealed that both were extremely distressed. Mr. Ang Dorje was unable to walk properly and marked tenderness was documented on his back and on the back of his neck. He was having trouble sleeping and was suffering from anxiety and was prescribed painkillers and medication to help reduce his anxiety and help him to sleep.
Mrs. Jambu Sherpa had marked tenderness on her chest wall. She was unable to move her right arm and there were faint bruise marks on her right shoulder. X-rays did not reveal any fracture on her chest and shoulder. She was prescribed strong painkillers and medication to suppress her cough.
On 11 February at 4 pm, the couple went back to the police station to claim back the money that the policemen had looted the day before. In the presence of Inspector Khanal, who is the one who allegedly took the money and ordered the torture, DSP Thapa assured them that he would find who had taken the money. Inspector Khanal reacted and said that, ‘You are accusing us of taking money from your shop; you might be put in prison for that wrong accusation.’ Upon learning that the victims had asked for help from a human rights organization, the DSP reportedly said “you did a wrong thing going to that NGO. You should ask for your money from that NGO”. When Inspector Khanal told the DSP that he tortured the couple because they tried to beat him on the night of the incident, the DSP mockingly told the victims “You filed case against the police in a torture incident in 2007, but you could not do anything and no police lost their jobs”. The occurrence of torture was therefore openly admitted in front of a senior officer, who instead of condemning this act and providing assistance to the victims, encouraged this breach of law, seriously failing to fulfill his duties to protect the rights of the ordinary citizens.
The AHRC is concerned to learn that Inspector Khanal, the alleged perpetrator, then took a picture of the victim with his mobile phone and may use it to urge his colleagues to harass the victim to discourage him from seeking justice.
Following their meeting at the police station, the victims fear that the police may press fabricated charges against them in accordance to the threats that they received during their detention. The victims’ health is all the more at risk that Mr. Ang Dorje Sherpa had already been a torture victim in the past and suffered from severe psychological problems in the aftermath, which were only cured after three years of treatment. Now that he has become victim of torture again, the doctors fear that his previous condition may return and impact on his capacity to live a normal life.
BACKGROUND INFORMATION:
Mr. Ang Dorje Sherpa had previously been tortured on 18 July 2007 by three drunken policemen in Metropolitan police sector, Jorpati, Kathmandu and Metropolitan police circle, Bouddha, Kathmandu after having been arrested without charge. In the aftermath, he suffered from severe anxiety disorder and was unable to go back to his previous occupation in the trekking industry and therefore opened a small teashop in Golphutar.
Under the Torture Compensation Act, 1996, a case was filed in Kathmandu District Court on 15 August 2007 by CVICT. On 17 July 2008, the District Court granted him a Rs. 20,000 (274 USD) compensation but did not order any punishment for the perpetrators. The case was then filed at the Appellate Court to ask for proper punishment for the perpetrators and proportionate reparation for the victims but the Appellate Court upheld the previous verdict. On 12 October 2009, the case was filed at the Supreme Court which also upheld the previous verdict.
While the case was pending before the Supreme Court, one of the alleged perpetrators, then Assistant Sub Inspector Min Bahadur Khadka was promoted to the rank of Sub Inspector.
This case is very revealing of the extent of impunity which protects perpetrators in Nepal in the absence of a legislation criminalizing the practice of torture. Victims of torture facing legal redress only have limited avenues to do so and can only hope to get a limited compensation from the State under the Torture Compensation Act of 1996 while the perpetrators of torture do not face prosecutions and are sometimes rewarded with promotions to positions where they can further violate the law that they are supposed to protect. In the absence of witness protection mechanisms, the perpetrators of torture remain in positions from which they can threaten the victims seeking redress with more torture or with filling false charges against them should they complain about the torture.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for the protection of the victims and immediate action to bring the perpetrators to justice.
Please be informed that the AHRC will write a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and to the Field Office of the High Commissioner for Human Rights in Kathmandu, calling for their intervention in the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: A call for the protection of a couple victim of torture after having refused to pay a bribe in Kathmandu
Names of the victims:
1. Ang Dorji Sherpa
2. Jangbu Sherpa
Both are permanent residents of Solukhumbu District, Goli VDC, Ward No. 6 and temporary residents of Mahankal VDC, Ward No. 5, Golphutar, Kathmandu District
Names of alleged perpetrators:
1. Inspector Om Prakash Khanal, Metropolitan police circle, Maharajgunj, Kathmandu
2. 7 to 8 police officers (name and position not known) working under Inspector Khanal’s command.
3. Deputy Superintendent of police (DSP) Deepak Thapa, Metropolitan police circle, Maharajgunj
Date of incident: 9 February 2011
Places of incident: The victim’s residence in Kathmandu district, Mahankal VDC, Ward No. 5, Golphutar and Metropolitan police circle, Maharajgunj, Kathmandu
I am writing to call for the protection of a shop owner and his wife who were beaten by seven to eight policemen belonging to the Metropolitan police circle, Maharajgunj, Kathmandu after refusing to pay a bribe.
According to the information I have received from the Asian Human Rights Commission (AHRC), seven to eight policemen from Maharajgunj Metropolitan Police Circle, under the command of Inspector Om Prakash Khanal, came at the house of Ang Dorje and Jangbu Sherpa in Golphutar on 9 February 2011 at around 8.30pm. The policemen reportedly asked them for money. I am informed that it is a common practice for police officers to forcibly collect money regularly from shop owners of the Kathmandu Valley. As there was no legal reason for the policemen to ask for money from the victims, and as the victims are in a poor socio-economic situation, they refused. I am informed that the policemen then started to beat them.
I am shocked to hear that Inspector Khanal reportedly grabbed Ang Dorie Sherpa by the neck and hair and started to beat him randomly about his body. The policemen then reportedly kicked him lice boots and punched him. Further, Mrs. Jangbu Sherpa’s right breast and back were hit with the butt of the riffle and the policemen slapped her several times.
They were then both forced into the police van where the policemen continued to beat them. I am informed that while they forcibly kept in the van, two policemen wearing police uniforms alleged that they had left their walkie-talkies in the victims’ house and reentered it without permission. The two policemen reportedly ransacked the house and looted Rs. 25,070 (USD 344), which represents a significant sum of money for the economic situation of this couple.
The two victims were taken to the Metropolitan Police Circle, Maharajgunj, Kathmandu, and were severely beaten during the journey. Please be informed that at no point during their arrest, were they shown an arrest warrant or told about the charges pending against them.
At the police station, the Deputy Superintendent of Police, DSP Deepak Thapa, asked for the reason of their arrest to which Inspector Khanal falsely replied that Ang Dorje had started to beat the police without reason. DSP Deepak Thapa then reportedly ordered that they should be handcuffed and kept in detention. At no point in that process were they given a detention letter, a clear violation of the Police Act, which exposes the victims to abuses as their presence in the police station is not recorded. Those different elements make the arrest of the victims illegal.
They were kept in police detention until 11.30 pm. During the length of their detention, I am informed that the two victims were insulted using foul language, threatened with death and threatened that the police would file wrong accusations against them so that they would be incarcerated for a long period of time. As there were not any female police officer during their detention, Mrs. Jangbu Sherpa was manhandled and threatened by male police officers.
I know that on 10 February, the next morning, the victims received medical examination at CVICT centre and that the examination revealed that both were suffering from extreme distress due to the torture. Mrs. Jambu Sherpa had marked tenderness on her chest wall. She was unable to move her right arm and there were faint bruise marks on her right shoulder. X-rays did not reveal any fracture on her chest and shoulder. She was prescribed strong painkillers and medication to suppress her cough. Mr. Ang Dorje was unable to walk properly and marked tenderness was documented on his back and on the back of his neck. He was having trouble sleeping and was suffering from anxiety and was prescribed painkillers and medication to help reduce his anxiety and help him to sleep. I wish to draw your attention to the fact that the victim’s health is all the more at risk that Mr. Ang Dorje Sherpa had already been a torture victim in the past and suffered from severe psychological problems in the aftermath, which were only cured after three years of treatment. Now that he has become victim of torture again, the doctors fear that his previous condition may return and impact on his capacity to live a normal life.
I am informed that on 11 February at 4 pm, the couple went back to the police station to claim back the money that the policemen had looted the day before. In the presence of Inspector Khanal, who is the one who allegedly took the money and ordered the torture, DSP Thapa assured them that he would find who had taken the money. Inspector Khanal reacted and said that, ‘You are accusing us of taking money from your shop; you might be put in prison for that wrong accusation.’ I am concerned to learn that upon learning that the victims had asked for help from a human rights organization, the DSP reportedly said “you did a wrong thing going to that NGO. You should ask for your money from that NGO”. When Inspector Khanal told the DSP that he tortured the couple because they tried to beat him on the night of the incident, the DSP mockingly told the victims “You filed case against the police in a torture incident in 2007, but you could not do anything and no police lost their jobs”. I am concerned to see that the occurrence of torture was therefore openly admitted in front of a senior officer, who instead of condemning this act and providing assistance to the victims, accepted and encouraged this breach of law and refused to provide assistance to the victims, seriously failing to fulfill his duties to protect the rights of the ordinary citizens.
I am worried to learn that Inspector Khanal then took a picture of the victims with his mobile phone and may use it to urge his colleagues to harass them to discourage them from seeking justice. I am also concerned that the police may press fabricated charges against the victims, in accordance to the threats they uttered.
I also wish to draw your attention to the fact that Mr. Ang Dorje Sherpa had previously been tortured on 18 July 2007 by three drunken policemen in Metropolitan police sector, Jorpati, Kathmandu and Metropolitan police circle, Bouddha, Kathmandu after having been arrested without charge. In the aftermath, he suffered from severe anxiety disorder and was unable to go back to his previous occupation in the trekking industry and therefore opened a small teashop in Golphutar. Although the Kathmandu District Court granted him compensation, none of the perpetrators faced sanctions and they even received promotions.
I therefore urgently request your intervention in this case to uphold the rule of law in Nepal by:
1- Immediately providing protection to the victims from police threats and giving guarantees that no fabricated charges will be placed against them;
2- Launching an investigation into the case of police torture, and if enough evidences are found, making sure the perpetrators are brought before the courts and that the victims receive appropriate compensation;
3- Launching an inquiry into the allegations of the theft of Rs. 25,070 by the police and making sure the victims get their money back and the perpetrators face appropriate sanctions;
4- Making sure the victim will receive appropriate treatment;
5- Taking strong measures to put an end to the practice of weekly money collection from shop owners in the Kathmandu Valley by the police by giving clear orders that this kind of practice is inacceptable in the police force and making sure the police officers found guilty of such misactions will face prosecutions and appropriate sanctions;
6- Upholding the government’s efforts toward the criminalization of torture.
I am looking forward to learn about your prompt intervention in this matter.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ramesh Chand Thakuri
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Mr. Bed Battharai
LIM and PAC Department
National Human Rights Commission
Harihar Bhawan,
Lalitpur (Kathmandou)
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Yadhav Raj Khanal
Chief
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np
5. Home Minister,
Ministry of Home Affairs,
Singha Darbar,
Kathmandu,
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
6. Jhala Nath Khanal
Prime Minister
Office of the Prime Minister
Singh Darbar
Kathmandu
NEPAL
FAX: + 977 1 4211 086
E-mail: info@opmcm.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
