Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a fifteen year old boy was arrested under allegations of illegal possession of arms and robbery and was tortured three times in the same day to make him confess those crimes. He has been remanded in custody on three occasions for a total of 27 days since his arrest and kept in detention alongside adults. He remains in the custody of those who have tortured him, with no access to medical treatment and had been threatened not to talk about the torture to anyone. Although he was first arrested under allegations of robbery and possessing arms, the police failed to gather any evidence against him and have charged him with drug smuggling. Suspects charged under the Narcotic Drugs (Control) Act 1976 can be detained, without trial for a period up to 3 month, with the permission of the court
CASE NARRATIVE:
According to the information we have received, Faizan (name changed), a fifteen year old boy, was sleeping in his house of Basdevpur VDC-09, Futaha, Banke district on 19 February 2013 when eight to nine policemen forcefully entered and arrested him at 3 am in the night. He was taken in a van to the District Police Office, Banke. During the 4 kilometer-long journey to the DPO, one of the policemen kicked Faizan’s back with his police boots and beat his shoulder with a bamboo stick while questioning him about a robbery case.
In the DPO, he was detained in a cell alongside adults. There he met three men he knew already who had been arrested for stealing from passersby and had given his name to the police.
At around noon on that day, a policeman named David came to the cell and after handcuffing Faizan took him on his motorcycle to Ward Police Office, Fultekra, Nepalgunj, Banke. There, he blindfolded him with a piece of cloth and Faizan just had time to see that he was holding a stick in his hands. He was taken to a room where he heard different voices leading him to believe that three or four other persons were also present. He was forced to kneel down and the policeman identified as David beat his legs with the stick while interrogating him about a robbery and tried to force him to confess that he was in possession of a pistol. Faizan could identify David as his torturer as he recognized his voice as he was being tortured and the other policemen were addressing him as “David Sir”. As Faizan pleaded his innocence and denied possessing a pistol, the torture intensified and the policeman beat and kicked him for half an hour. As the pain became unbearable, Faizan out of exhaustion accepted all the accusations and only then did the torture stop.
He was transferred back to the DPO the same day at 5pm. Later that evening, two policemen brought him to the top floor of the DPO where four policemen were sitting. The policemen handcuffed him and forced him to lie down on the floor. Two of them used the pipe of a bicycle pump to beat the sole of his feet approximately 30 times, while asking him the same questions that David had asked him in the afternoon. The torture lasted for half an hour.
He was taken to a hospital for a medical checkup but the doctor did not ask him whether he had been tortured or needed medication but just verified whether he had consumed any alcohol, a routine practice in Nepal. Faizan was kept in a detention cell alongside adults for the night.
That night, at midnight, the policeman identified as David picked Faizan up from the detention cell. He caught his nipples, twisted them and pulled him up. The pain was severe, making Faizan cry. The policeman jumped on his stomach three times, and violently round kicked Faizan’s waist once, all while wearing heavy police boots. He slapped Faizan on his ears. He told Faizan that his legs would not heal for another year and threatened him not to tell anyone about the torture or else he would lose his job and would not leave him in peace.
On the same day, 20 February 2013, the police made public those they had arrested in relation to the case of looting passersby in a press conference and Faizan was displayed as one of the criminals arrested.
Although the Nepali law mandates that Faizan should have been provided with a detention letter immediately after his arrival in the DPO, it is only two days after his arrest that he received a detention letter and an arrest warrant. He was brought before the court on 21st February only, hence two days after his arrest, in spite of domestic provisions that all detainees should be presented before a judicial authority within 24 hours. Faizan was therefore kept in illegal detention, which made him more vulnerable to abuses as his presence in police custody was undocumented.
The court remanded Faizan in custody for seven days on 21 February, and again for ten days on 28 February and 9 March. He remains in the custody of the DPO and is therefore at serious risk of further abuses and torture. Although he was initially arrested and interrogated in relation to allegations of being illegally in possession of a pistol and being involved in a robbery, the police have found no evidence of such involvement and have filed a case against him under allegations of drug smuggling. Suspects charged under the Narcotic Drugs (Control) Act 1976 can be detained, without trial for a period up to 3 months, with the permission of the court.
Faizan remains in the custody of those who had tortured him and threatened him of reprisals shall he share the incident of torture with anyone. The policemen threatened to charge him with an Arms and Ammunitions case if he shared about the torture incident during the hearing of the drug smuggling case.
ADDITIONAL COMMENTS:
Nepal is a state party to the convention on the right of the child which mandates in its article 37 that “(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time”. Nepal’s legislation by allowing that any arrested person can be placed in custody for 25 days, making no distinction between juveniles and adults, clearly falls short of international standards and exposes juveniles to long periods of detention without trial, during which time they are vulnerable to torture to make them confess.
For more information please see Advocacy Forum’s report on torture of juveniles in Nepal.
SUGGESTED ACTION:
Please join us in expressing your concern for the victim’s situation by writing to the authorities listed below.
Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: A minor torture victim at risk of reprisals and false charges
Name of victim: Faizan (name changed), 15, a permanent resident of Basdevpur VDC-09, Futaha, Banke district
Names of alleged perpetrators: A policeman referred to as “David” from the District Police Office, Banke and unidentified policemen from the DPO, Banke and the Ward Police Office, Fultekra, Nepalgunj, Banke.
Date of incident: 19 Febuary 2013
Place of incident: District Police Office, Banke and Ward Police Office, Fultekra, Nepalgunj, Banke.
I am writing to voice my deep concern regarding information that a fifteen year old boy was arrested under allegations of illegal possession of arms and robbery and was tortured three times in the same day to make him confess those crimes.
According to the information I have received from the Asian Human Rights Commission (AHRC), Faizan (name changed), a fifteen year old boy, was sleeping in his house of Basdevpur VDC-09, Futaha, Banke district on 19 February 2013 when eight to nine policemen forcefully entered and arrested him at 3 am in the night. He was taken in a van to the District Police Office, Banke. I am concerned to hear that during the 4 kilometer-long journey to the DPO, one of the policemen kicked Faizan’s back with his police boots and beat his shoulder with a bamboo stick while questioning him about a robbery case.
In the DPO, he was detained in a cell alongside adults. There he met three men he knew already who had been arrested for stealing from passersby and had given his name to the police.
At around noon on that day, a policeman named David came to the cell and after handcuffing Faizan took him on his motorcycle to Ward Police Office, Fultekra, Nepalgunj, Banke. There, he blindfolded him with a piece of cloth and Faizan just had time to see that he was holding a stick in his hands. He was taken to a room where he heard different voices leading him to believe that three or four other persons were also present. He was forced to kneel down and the policeman identified as David beat his legs with the stick while interrogating him about a robbery and tried to force him to confess that he was in possession of a pistol. Faizan could identify David as his torturer as he recognized his voice as he was being tortured and the other policemen were addressing him as “David Sir”. As Faizan pleaded his innocence and denied possessing a pistol, the torture intensified and the policeman beat and kicked him for half an hour. As the pain became unbearable, Faizan out of exhaustion accepted all the accusations and only then did the torture stop.
He was transferred back to the DPO the same day at 5pm. Later that evening, two policemen brought him to the top floor of the DPO where four policemen were sitting. The policemen handcuffed him and forced him to lie down on the floor. Two of them used the pipe of a bicycle pump to beat the sole of his feet approximately 30 times, while asking him the same questions that David had asked him in the afternoon. The torture lasted for half an hour.
He was taken to a hospital for a medical checkup but the doctor did not ask him whether he had been tortured or needed medication but just verified whether he had consumed any alcohol, a routine practice in Nepal. Faizan was kept in a detention cell alongside adults for the night.
Later that night, at midnight, the policeman identified as David picked Faizan up from the detention cell and catching his breast, pulled him up. The pain was severe, making Faizan cried. The policeman jumped on his stomach three times, and violently round kicked Faizan’s waist once, all while wearing heavy police boots. He told Faizan that his legs would not cure for another year and threatened him not to tell anyone about the torture or else he would lose his job and would not leave him in peace. I am extremely concerned by the torture Faizan was subjected to and the threats he has received. He remains in the custody of those who tortured and threatened him and should be transferred to another detention facility immediately.
On the same day, 20 February 2013, the police made public those they had arrested in relation to the case of looting passersby in a press conference and Faizan was displayed as one of the criminals arrested.
I want to bring your attention to the fact that although the Nepali law mandates that Faizan should have been provided with a detention letter immediately after his arrival in the DPO, it is only two days after his arrest that he received a detention letter and an arrest warrant. He was brought before the court on 21st February only, hence two days after his arrest, in spite of domestic provisions that all detainees should be presented before a judicial authority within 24 hours. Faizan was therefore kept in illegal detention, which made him more vulnerable to abuses as his presence in police custody was undocumented.
The court remanded Faizan in custody for seven days on 21 February, and again for ten days on 28 February and 9 March. He remains in the custody of the DPO and is therefore at serious risk of further abuses and torture. Although he was initially arrested and interrogated in relation to allegations of being illegally in possession of a pistol and being involved in a robbery, the police have found no evidence of such involvement and have filed a case against him under allegations of drug abuse. Suspects charged under the Narcotic Drugs (Control) Act 1976 can be detained, without trial for a period up to 3 month, with the permission of the court.
I am extremely concerned that Faizan remains in the custody of those who had tortured him and threatened him of reprisals shall he share the incident of torture with anyone. The policemen threatened to charge him with an Arms and Ammunitions case if he shared about the torture incident during the hearing of the drug smuggling case.
I therefore call upon your immediate intervention in that case to ensure the protection of the victim from further police violence, ensure that he is provided with an immediate medical examination, and if needed medical treatment free of charge. He should be immediately transferred to another detention facility, designed to welcome juveniles. An independent and thorough investigation should be launched into the allegations of police torture and if enough evidence is gathered, the suspected perpetrators must face prosecutions and be suspended from duty during the length of the legal process. The State should provide full compensation and rehabilitation to the victim.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Prime Minister of Nepal
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Attorney General of Nepal
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@attorneygeneraal.gov.np
5. Mr. Kuber Singh Rana
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)
