Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a twenty four young man has been tortured, kept in illegal detention and asked to pay for the restaurant bills of the policemen who had tortured him several times. Parshuram Chaudary was first tortured under interrogation in relation to the investigation of a case of theft but as no evidence has been gathered against him, he was charged with committing a public offence and remains in the custody of those who have tortured him and is at risk of further abuses. He has received death threats several times and is now threatened that false charges of drug smuggling would be filed against him.
CASE NARRATIVE:
According to the information we have received, on 15 February 2013, Parshuram Chaudhary was asked to present himself before the Metropolitan Police Crime Division, Hanumandhoka, Kathmandu, in relation to an investigation into a robbery which had taken place at his landlord’s house the day before.
Later that day, he presented himself to the police station and was taken to the litigation section. There Assistant Sub Inspector Umesh Kumar Yadav and two unidentified police officers started interrogating him about the robbery. They beat him with sticks, slapped him with the palm of their hands and kicked him with their boots to force him to confess his involvement in the robbery. He was called again to Hanumandhoka MPCD and tortured under interrogation three times, each time after a four, five day interval.
Following that incident, ASI Yadav started calling Parshuram Chaudhary’s cell and asked him to meet him in different places where he would ask him to pay the bill covering the tea and snacks charges of him and other policemen. As Mr Chaudhary feared reprisals if he refused to do so, he obeyed. Three times he had to pay 45 NRs. to cover the bills of three policemen. One day ASI Yadav came to Boudha gate in civil clothes and called Parshuram to pay for momos him and five other policemen had eaten in a restaurant. The policeman threatened Chaudary that he would send him to jail if he refused to pay the bill so he paid NRs 240 for the dumplings. In total he had to pay 375 NRs under threat by ASI Yadav.
On 2 March, Mr Chaudary was asked to report to the MPC, Boudha and got detained there. At 4pm, ASI Yadav and one unidentified police constable from MPC, Boudha took him to a room on the first floor of the police station and locked the door. He was blindfolded and handcuffed. ASI Yadav took off his police boots and using them hit Mr Chaudary 5 to 6 times on his face, head and other parts of his body accusing him of theft. The soles of his feet were beaten with sticks and he was threatened that he would be shot if he did not provide information. In a mock execution, a police officer put a pistol on his temple and asked him what his last desire was.
The beating cut Mr Chaudary’s left eyebrow and he fell unconscious. When he woke up, he found that his face was covered with blood. ASI Yadav brought him to a tap and ordered him to wash his face. ASI Yadav then asked him to sign a paper without letting him see what was written on it. After a while, a police constable took him to a medical practice near to Boudha Stupa where a doctor applied 2 stitches on the wound and gave him medicines to stop the bleeding.
Mr Chaudary was brought back to MPC, Boudha and was detained there. After that day, Mr Chaudary has not been taken to the hospital again, even to remove the stitches.
Afterwards he was tortured in a similar fashion the three following evenings and twice a pistol was put on his head and he was threatened that he would be killed.
On 19 March 2013 he was transferred to the MPCD, Hanumandhoka. While being interrogated about the case, a policeman dressed in civil clothes punched his chest during an interrogation. They took his statement but they did not read it out loud for him. He signed the paper without knowing what was written on it. He was then brought back to MPC, Boudha and detained there.
Since then, the victim was also threatened that he would be falsely charged in a drug smuggling case and sent to jail for 17 years. Threats of charging torture victim with drug-related offences as a way to silence them and force them to confess are very common in Nepal as under the Narcotic Drugs (Control) Act 1976 suspects can be detained, without trial for a period up to 3 month, with the permission of the court. Several policemen took part in the torture, including several junior constables and a Deputy Superintendent of Police from Hanumandhoka.
His lawyer reports that he has a two inch long wound on his left eyebrow covered with two stiches and several blue marks on his back. He is complaining of dizziness and being unable to sleep at night.
He was remanded three times by the Kathmandu District Court, the first time on 5 March for seven days. As of 28 March, he is still detained at the MPC, Boudha and at risk of further torture. He has not received any detention letter or arrest warrant.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for their intervention in this case.
Please note that the AHRC writes a separate letter to the UN Special Rapporteur on the Question of Torture calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: A torture victim remains in the custody of his torturers
Name of victim: Parshuram Chaudhary, 24 year old, working as a newspaper delivery boy for Kantipur Publications, living in Boudha, Kathmandu, permanent resident of Deudakala VDC-07, Bardiya district.
Names of alleged perpetrators:
1. Assistant Sub-Inspector Umesh Kumar Yadav, Metropolitan Police Crime Division (MPCD), Kathmandu,
2. An unidentified police constable from MPC, Boudha, Kathmandu,
3. An Unidentified DSP and unidentified constables from MPCD, Hanumandhoka, Kathmandu.
Place of incident: Metropolitan Police Circle, Bouddha, Kathmandu and Metropolitan Police Crime Division, Hanumandhoka, Kathmandu
I am writing to voice my deep concern regarding Parshuram Chaudhary who has been tortured several times under interrogation, threatened that false charges would be filed against him and remained in illegal detention of those who have subjected him to torture.
According to the information I have received from the Asian Human Rights Commission, on 15 February 2013, Parshuram Chaudhary was asked to present himself before the Metropolitan Police Crime Division, Hanumandhoka, Kathmandu, in relation to an investigation into a robbery which had taken place at his landlord’s house the day before.
Later that day, he presented himself to the police station and was taken to the litigation section. There Assistant Sub Inspector Umesh Kumar Yadav and two unidentified police officers started interrogating him about the robbery. They beat him with sticks, slapped him with the palm of their hands and kicked him with their boots to force him to confess his involvement in the robbery. He was called again to Hanumandhoka MPCD and tortured under interrogation three times, each time after an interval of several days.
Following that incident, ASI Yadav started calling Parshuram Chaudhary’s cell and asked him to meet him in different places where he would ask him to pay the bill covering the tea and snacks charges of him and other policemen. As Mr Chaudhary feared reprisals if he refused to do so, he obeyed. Three times he had to pay 45 NRs. to cover the bills of three policemen. One day ASI Yadav came to Boudha gate in civil clothes and called Parshuram to pay for momos him and five other policemen had eaten in a restaurant. The policeman threatened Chaudary that he would send him to jail if he refused to pay the bill so he paid NRs 240 for the dumplings. In total he had to pay 375 NRs under threat by ASI Yadav.
On 2 March, Mr Chaudary was asked to report to the MPC, Boudha and got detained there. At 4pm, ASI Yadav and one unidentified police constable from MPC, Boudha took him to a room on the first floor of the police station and locked the door. He was blindfolded and handcuffed. ASI Yadav took off his police boots and using them hit Mr Chaudary 5 to 6 times on his face, head and other parts of his body accusing him of theft. The soles of his feet were beaten with sticks and he was threatened that he would be shot if he did not provide information. In a mock execution, a police officer put a pistol on his temple and asked him what his last desire was.
The beating cut Mr Chaudary’s left eyebrow and he fell unconscious. When he woke up, he found that his face was covered with blood. ASI Yadav brought him to a tap and ordered him to wash his face. ASI Yadav then asked him to sign a paper without letting him see what was written on it. After a while, a police constable took him to a medical practice near to Boudha Stupa where a doctor applied 2 stitches on the wound and gave him medicines to stop the bleeding.
Mr Chaudary was brought back to MPC, Boudha and was detained there. After that day, Mr Chaudary has not been taken to the hospital again, even to remove the stitches.
Afterwards he was tortured in a similar fashion the three following evenings and twice a pistol was put on his head and he was threatened that he would be killed.
On 19 March 2013 he was transferred to the MPCD, Hanumandhoka. While being interrogated about the case, a policeman dressed in civil clothes punched his chest during an interrogation. They took his statement but they did not read it out loud for him. He signed the paper without knowing what was written on it. He was then brought back to MPC, Boudha and detained there.
Since then, the victim was also threatened that he would be falsely charged in a drug smuggling case and sent to jail for 17 years. Threats of charging torture victim with drug-related offences as a way to silence them and force them to confess are very common in Nepal as under the Narcotic Drugs (Control) Act 1976 suspects can be detained, without trial for a period up to 3 month, with the permission of the court. Several policemen took part in the torture, including several junior constables and a Deputy Superintendent of Police from Hanumandhoka.
His lawyer reports that he has a two inch long wound on his left eyebrow covered with two stiches and several blue marks on his back. He is complaining of dizziness and being unable to sleep at night.
He was remanded three times by the Kathmandu District Court, the first time on 5 March for seven days. As of 28 March, he is still detained at the MPC, Boudha and at risk of further torture. He has not received any detention letter or arrest warrant.
I am concerned about the fact that Mr Chaudary remains at the mercy of those who have tortured and threatened him and has not received any medical treatment except the two stiches on his eyebrow. I therefore call for your immediate intervention into this case, to ensure that Mr Chaudary is immediately presented before a judicial authority and provided with the appropriate documentation. Further, please ensured that nothing Mr Chaudary would have said or signed under duress may beheld against him in further proceedings. The state has the responsibility to ensure that Mr Chaudary is immediately provided with appropriate medical treatment, free of charge. If the court considers that he should remain in detention, he should be transferred to another detention facility immediately. Further, please ensure that an immediate investigation is launched into those allegations of police torture leading to criminal proceedings against those found responsible and that the victim be provided with compensation.
I am looking forward to your intervention in this matter.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Khil Raj Regmi
Chairman
Council of Minister
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. Mr. Madhav Prasad Ghimire
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
6. Mr. Bishwa Adhikari
Deputy Superintendent of Police
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
