Dear Friends,
The Advocacy Forum (AF) in Nepal has informed the Asian Human Rights Commission (AHRC) about the alleged police torture of Mr. Munna Lal Yadav. Munna has been arrested on the fake charge of killing Tirtha Ram Yadav. Following his arrest the police allegedly beat him with plastic pipes on the soles of his feet and other parts of his body for several days. In the course of this “inquiry”, he was reportedly hung by way of inserting a stick through his handcuffed hands and legs. Water was poured water into his mouth and nose for about half an hour until he could not bear the water boarding torture anymore and owned up to the crime. The AHRC demands an impartial, independent, and prompt investigation to ascertain facts and bring the alleged perpetrator officers to justice. Munna should receive immediate treatment for his injuries inflicted due to the police torture.
CASE NARRATIVE:
The police arrested Mr. Munna Lal Yadav (32) a resident of Nepalgunj Municipality-23, Indrapur, Banke District, at around 2 p.m. on 3 April 2015 on suspicion of his involvement in a homicide case. During his detention, he was reportedly tortured and illegally detained until he was provided with an arrest warrant and detention letter on 10 April 2015 and remanded.
Munna was provided medical checkup before the incident of torture took place. He is a driver by profession. At present Munna is detained at the District Police Office (DPO), Banke. He has been visited and interviewed by the AF lawyer on 16 April 2015.
Munna’s relative, Tirtha Ram Yadav, died on 2 April 2015. While arresting Munna, police informed him that Tirtha’s wife, Arati Yadav, had filed an FIR against him, suspecting his involvement in her husband’s death. After his arrest, the police tortured him, forcing to accept the crime. The police has remanded Munna in the homicide case and detained him at DPO Banke.
On 3 April 2015, the police arrested and detained Munna at DPO, Banke. At around 6 p.m. the same day, four to five policemen from the Litigation Section took him to the inquiry room on the top floor of the building and said that they would help to minimize punishment if he were to accept the crime. However, Tirtha denied the charges and his involvement in the murder.
Then they blindfolded him saying, “He would not tell the truth without treating him well.”
The police ordered Munna to stretch his legs and hit him with a plastic pipe on the soles of his feet about 15 times. The plastic pipe he had seen with them before he had been blindfolded; it was around 1 meter long and a half-meter in width. Likewise, they beat him on his arms for about three-four times.
After that, Munna was taken back to the detention cell. Due to severe beatings on the soles of his feet, blood clotted there. Due to severe pain, he could not walk for three-four days. As Munna was blindfolded, he could not say exactly who was involved in the torture.
For the next three-four days, the officers took him every day to the inquiry room and slapped him 2-3 times when he refused to confess to the crime.
On 8 April 2015, they took him to the same inquiry room on the top floor of DPO, Banke; there were already seven to eight unidentified policemen there. There were two Khatiya (cots) in the room. They forced him to lie down on his back in between the cots and blindfolded him. They handcuffed his hands and leg, inserted a big stick through his handcuffed hands and legs, lifted him up from the two ends of the stick and hung him in between the cots.
Some of them caught his hands and legs. Then some of them poured water into his nose and mouth. Due to obstruction in breathing, he was suffocating and suffering from severe pain. While pouring water into his nose and mouth, they demanded he tell them how he had committed crime. They threatened to kill him if he refused to accept the crime.
When Munna tried to move his head due to the pain and suffocation, they slapped him on his cheeks and hold his head. They tortured him in this manner for about half an hour and due to severe pain, he was forced to accept participating in the crime. Only then only did they stopped inflicting torture.
While pouring water into his nose and mouth they beat him hard twice with a stick; there is a small wound on his right knee as a result. They also beat him 4-5 times below his right kneecap. Another mark from this beating resulted. As they hung him, handcuffing his hands and legs, his skin was injured and his wrists were bruised blue. Likewise, his left kneecap is wounded too. And, there is a blue mark on his left ankle and blue marks on his left shoulder and arm.
Munna needs medical treatment, but fearing police reprisal he could not demand the police that he be treated. The victim complained of headache and pain in his right arm. Many days have passed since the torture, but the marks of torture are still visible on the Munna’s body.
Munna was illegally detained till 10 April 2015. During his remand the judge asked him about the police treatment in the detention center. However, as police (who were present in the court) had threatened him of reprisals if he disclosed anything about the torture before the judge, he did not complain about the treatment he had received.
Due to torture and threats, Munna accepted that he had committed the crime. Though his statement was taken in the Public Prosecutor’s Office, he was made to sign it without being given a chance to read it or have read it out to him.
Now the victim demands justice and legal action against the perpetrators. Thus, the AHRC demands that the government of Nepal initiate an investigation into the case, provides security to the victim by arranging his transfer to another detention center, and takes legal action against the perpetrators if they are found guilty.
BACKGROUND INFORMATION:
Despite repeated national and international calls, the government of Nepal has been unable to, or is unwilling to, put an end to impunity for police officers accused of serious human rights violations.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of arrest and unlawful torture, and requesting immediate intervention.
The Asian Human Rights Commission is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment seeking his prompt intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………….,
NEPAL: Police use waterboarding to extract confession
Name of victims: Munna Lal Yadav, 34 years
Alleged perpetrators: Unidentified police officers, District Police Office, Banke District
Date of incident: 3 April 2015 to present
Place of incident: District Police Office, Banke District
I am writing to voice my deep concern regarding Mr. Munna Lal Yadav (32) a resident of Nepalgunj Municipality-23, Indrapur, Banke District. He was arrested by the police at around 2 p.m. on 3 April 2015 on suspicion of his involvement in a homicide case. During his detention, he was reportedly tortured and illegally detained until he was provided with an arrest warrant and detention letter on 10 April 2015 and remanded.
He was provided medical checkup before the incident of torture took place. He is a driver by profession. At present Munna is detained at the District Police Office (DPO), Banke. He has been visited and interviewed by the AF lawyer on 16 April 2015.
Munna’s relative, Tirtha Ram Yadav, died on 2 April 2015. While arresting Munna, police informed him that Tirtha’s wife, Arati Yadav, had filed an FIR against him, suspecting his involvement in her husband’s death. After his arrest, the police tortured him, forcing to accept the crime. The police has remanded Munna in the homicide case and detained him at DPO Banke.
On 3 April 2015, the police arrested and detained Munna at DPO, Banke. At around 6 p.m. the same day, four to five policemen from the Litigation Section took him to the inquiry room on the top floor of the building and said that they would help to minimize punishment if he were to accept the crime. However, Tirtha denied the charges and his involvement in the murder.
Then they blindfolded him saying, “He would not tell the truth without treating him well.”
The police ordered Munna to stretch his legs and hit him with a plastic pipe on the soles of his feet about 15 times. The plastic pipe he had seen with them before he had been blindfolded; it was around 1 meter long and a half-meter in width. Likewise, they beat him on his arms for about three-four times.
After that, Munna was taken back to the detention cell. Due to severe beatings on the soles of his feet, blood clotted there. Due to severe pain, he could not walk for three-four days. As Munna was blindfolded, he could not say exactly who was involved in the torture.
I have been informed that for the next three-four days, the officers took him every day to the inquiry room and slapped him 2-3 times when he refused to confess to the crime.
On 8 April 2015, they took him to the same inquiry room on the top floor of DPO, Banke; there were already seven to eight unidentified policemen there. There were two Khatiya (cots) in the room. They forced him to lie down on his back in between the cots and blindfolded him. They handcuffed his hands and leg, inserted a big stick through his handcuffed hands and legs, lifted him up from the two ends of the stick and hung him in between the cots.
I know that some of them caught his hands and legs. Then some of them poured water into his nose and mouth. Due to obstruction in breathing, he was suffocating and suffering from severe pain. While pouring water into his nose and mouth, they demanded he tell them how he had committed crime. They threatened to kill him if he refused to accept the crime.
When Munna tried to move his head due to the pain and suffocation, they slapped him on his cheeks and hold his head. They tortured him in this manner for about half an hour and due to severe pain, he was forced to accept participating in the crime. Only then only did they stopped inflicting torture.
It is unacceptable that while pouring water into his nose and mouth they beat him hard twice with a stick; there is a small wound on his right knee as a result. They also beat him 4-5 times below his right kneecap. Another mark from this beating resulted. As they hung him, handcuffing his hands and legs, his skin was injured and his wrists were bruised blue. Likewise, his left kneecap is wounded too. And, there is a blue mark on his left ankle and blue marks on his left shoulder and arm.
Munna needs medical treatment, but fearing police reprisal he could not demand the police that he be treated. The victim complained of headache and pain in his right arm. Many days have passed since the torture, but the marks of torture are still visible on the Munna’s body.
Munna was illegally detained till 10 April 2015. During his remand the judge asked him about the police treatment in the detention center. However, as police (who were present in the court) had threatened him of reprisals if he disclosed anything about the torture before the judge, he did not complain about the treatment he had received.
I am certain that due to torture and threats, Munna accepted that he had committed the crime. Though his statement was taken in the Public Prosecutor’s Office, he was made to sign it without being given a chance to read it or have read it out to him.
Now the victim demands justice and legal action against the perpetrators. Thus, I demand that the government of Nepal initiate an investigation into the case, provides security to the victim by arranging his transfer to another detention center, and takes legal action against the perpetrators if they are found guilty.
I look forward to your immediate attention in this matter.
Yours Sincerely,
—————————————
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)
