Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Forum for Protection of People’s Rights Nepal (PPR Nepal) regarding the police having tortured a Tamang family living in Jivanpur Village Development Committee (VDC)-6, Dhading district.
The police took two children, Ruben and Prabesh, in custody on 7 February 2014 and tortured them for 10 days until the children signed a confession paper. In addition, the police arrived at the village on 16 June asking for the whereabouts of the parents, Mr. Maila Tamang and Mrs. Shanti Tamang. The police have threatened the children with further illegal detention and torture if their parents do not produce themselves at the police station. Mr. Maila Tamang and his wife have taken shelter in Kathmandu. Abuse of power, impunity, and the incapacity of the Nepal police to investigate a case are again exposed in this case of torture.
CASE NARRATIVE:
According to information received by the AHRC, a Tamang family has been at the receiving end of torture by the police since 7 February 2014. The Tamang families are residents of Jivanpur Village Development Committee (VDC)-6, Dhading district. On 7 February, personnel from the Jivanpur Police Station arrested two children, Ruben (9 years) and Prabesh (10 years), and took them to the Police Station. The arrests followed the complaint of theft, of money, gold, and silver, lodged by Mrs. Sunamati and Mr. Buddhi Tamang, who happen to be relatives.
The police severely tortured the two boys. The boys were subject to common methods of torture such as falanga (beating of the soles of the feet) and random beatings using a plastic pipe and stick. They were also kicked and boxed on their back, heads, and legs. The police would torture the boys for the whole day and allow them to go home at night. Daily, the boys would be taken to the police station and tortured. The torture continued for 9 consecutive days.
The mother to the boys, Mrs. Shanti Tamang, heard their painful and piercing cries as she waited outside the police station, having been denied permission to meet her children. On the 9th day, the police took them to Khanikhola Police Station located in the same district. The boys were tortured the whole day. On the 10th day, they were forced to sign a confession statement and released.
The entire series of incidents has its roots in a property dispute. Since 2001, the Tamang family has an ongoing property dispute with Mr. Krishna Bahadur Tamang, uncle to Maila Tamang. Mr. Krishna Bahadur captured the ancestral property. Mr. Krishna Bahadur failed to hand over his nephew Mr. Maila Tamang his rightful share. Worse, Mr. Krishna Bahadur sold the land without the consent of Mr. Maila Tamang. A case involving this property dispute continues at the Dhading District Court.
But, the animosity only began there. During the Maoist insurgency in 2004, Mr. Krishna Bahadur allegedly provided information to the Nepal army about his nephew Mr. Maila Tamang being a Maoist. As a result, Mr. Maila Tamang was arrested. He was arrested in Kathmandu, having traveled there with his wife and 35-day-old baby, to get his baby’s birth registered. It was necessary to travel to Kathmandu to undergo this registration because most of the VDC Secretaries were camped in the capital at the time of the insurgency, fearing for their safety in the villages. The army detained Mr. Maila Tamang and severely tortured him for 6 days. Maila still has no idea where he was detained, as, according to him, he was kept blindfolded from the time of arrest until his release.
Another episode in the saga of the family dispute took place on 5 February 2014. Mrs. Sunamati (niece to Mr. Krishna Bahadur and cousin to Mr. Maila Tamang) and her husband Mr. Buddhi Tamang blamed Mrs. Shanti Tamang and her two sons, Ruben and Prabesh of stealing two and a half tola (around 28 gm) of gold, 2 tola (around 24 gm) of silver, 2 kg of antique money, and approximately 127 thousand Nepali rupees. Following this accusation, Ruben and Prabesh were detained and tortured.
The misfortune of Mr. Maila Tamang and his family were only to increase.
In March 2014, 31 pigs and around 12,000 fish being reared by Mr. Maila Tamang died unexpectedly. Mr. Maila Tamang immediately went to the Jivanpur Police Station and filed a complaint, but the police did not carry out any investigation. Few people, including a veterinary doctor from the National Agricultural Research Council (NARC), Khumaltar-Lalitpur, visited the pig and fish farm and suggested samples be brought to the NARC office for a laboratory test, in order to determine whether the fish and pigs were poisoned. Due to lack of funds, Mr. Maila Tamang did not submit any samples.
Mr. Maila Tamang’s life and business has been completely ruined. But, it seems there has been no end to the family’s agony. Now his entire family is being harassed by society and branded as thieves. The children stay at home often, as they find themselves being stoned on the way to school.
On 7 June 2014, Mr. Bibesh Tamang (11 years) threw a mango seed on a relative of Mrs. Shanti Tamang with an intention to hurt her. The relative who suffered is Mrs. Nirmaya Tamang. The mango seed landed on her chest with force and she suffered a minor injury. This incident further fuelled the family dispute.
Following this event, the police intervened again. Police from the Jeevanpur Police Station, namely ASI Ram Bahadur Shrestha, an ASI with the family name of Bhushal, and a head constable named Chetan, arrived at Mrs. Nirmaya Tamang’s house and beat her and her husband up with a stick, for increasing tension. The boy Ruben, one of the torture survivors, saw police beating Mrs. Nirmaya and her husband. Since then he has become even more frightened scared. He fears he might be arrested and tortured by the police again.
The entire Tamang family is living in terror. Forget justice, the supposedly impartial state has only greeted them with harassment and torture. The Tamang family worries constantly about their safety. The children fear going to school. They live now as social outcasts.
In a sense, it is like a nightmarish flashback to over two decades ago, when the family became an outcaste in the community. They were the only Christian family 22 years ago, and were isolated as a result, not even allowed to use the same water sources as that used by their neighbours.
The AHRC urges the government of Nepal to immediately intervene and spare no time in conducting an impartial investigation into the allegation of police torture. The police officers involved in inflicting torture should face immediate departmental and legal action.
The AHRC further urges the government to take steps to ensure the security of Mr. Maila Tamang and his family members. The government of Nepal should ensure a safe environment in the village, so the Tamang family may return there to live. The family should be compensated for the violence and damage done to them by the state.
SUGGESTED ACTION:
Please send letters to the authorities listed below expressing your concern about this police torture and request their immediate intervention. The officers involved must be subjected to investigations and brought before courts of law. The government should ensure safety for those affected, so they may reside in peace in their village.
The AHRC is writing a separate letter to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………,
NEPAL: Police torture a Tamang family in Dhading district
Name of victims: Maila Tamang, Shanti Tamang, Ruben Tamang, Prabesh Tamang, Krishna Tamang & Nirmaya Tamang
Names of alleged perpetrators: Krishna Bahadur Chand, Inspector of Khanikhola Police Station (Mobile: +977 9841267668
+977 9841267668 ), Ram Bahadur Shrestha, Assistant Sub-Inspector of Jivanpur Police Station (Mobile: +977 984927275), and ASI with the family name of Bhushal, and a head constable named Chetan
Date of incident: 7 February 2014 to date
Place of incident: Jivanpur VDC-6, Dhading district, Nepal
I am writing to voice my serious concern that a Tamang family has been at the receiving end of torture by the police since 7 February 2014. The Tamang families are residents of Jivanpur Village Development Committee (VDC)-6, Dhading district. On 7 February, personnel from the Jivanpur Police Station arrested two children, Ruben (9 years) and Prabesh (10 years), and took them to the Police Station. The arrests followed the complaint of theft, of money, gold, and silver, lodged by Mrs. Sunamati and Mr. Buddhi Tamang, who happen to be relatives.
I have been informed that the police severely tortured the two boys. The boys were subject to common methods of torture such as falanga (beating of the soles of the feet) and random beatings using a plastic pipe and stick. They were also kicked and boxed on their back, heads, and legs. The police would torture the boys for the whole day and allow them to go home at night. Daily, the boys would be taken to the police station and tortured. The torture continued for 9 consecutive days.
The mother to the boys, Mrs. Shanti Tamang, heard their painful and piercing cries as she waited outside the police station, having been denied permission to meet her children. On the 9th day, the police took them to Khanikhola Police Station located in the same district. The boys were tortured the whole day. On the 10th day, they were forced to sign a confession statement and released.
The entire series of incidents has its roots in a property dispute. Since 2001, the Tamang family has an ongoing property dispute with Mr. Krishna Bahadur Tamang, uncle to Maila Tamang. Mr. Krishna Bahadur captured the ancestral property. Mr. Krishna Bahadur failed to hand over his nephew Mr. Maila Tamang his rightful share. Worse, Mr. Krishna Bahadur sold the land without the consent of Mr. Maila Tamang. A case involving this property dispute continues at the Dhading District Court.
But, the animosity only began there. During the Maoist insurgency in 2004, Mr. Krishna Bahadur allegedly provided information to the Nepal army about his nephew Mr. Maila Tamang being a Maoist. As a result, Mr. Maila Tamang was arrested. He was arrested in Kathmandu, having traveled there with his wife and 35-day-old baby, to get his baby’s birth registered. It was necessary to travel to Kathmandu to undergo this registration because most of the VDC Secretaries were camped in the capital at the time of the insurgency, fearing for their safety in the villages. The army detained Mr. Maila Tamang and severely tortured him for 6 days. Maila still has no idea where he was detained, as, according to him, he was kept blindfolded from the time of arrest until his release.
I am concerned to know that another episode in the saga of the family dispute took place on 5 February 2014. Mrs. Sunamati (niece to Mr. Krishna Bahadur and cousin to Mr. Maila Tamang) and her husband Mr. Buddhi Tamang blamed Mrs. Shanti Tamang and her two sons, Ruben and Prabesh of stealing two and a half tola (around 28 gm) of gold, 2 tola (around 24 gm) of silver, 2 kg of antique money, and approximately 127 thousand Nepali rupees. Following this accusation, Ruben and Prabesh were detained and tortured.
The misfortune of Mr. Maila Tamang and his family were only to increase.
In March 2014, 31 pigs and around 12,000 fish being reared by Mr. Maila Tamang died unexpectedly. Mr. Maila Tamang immediately went to the Jivanpur Police Station and filed a complaint, but the police did not carry out any investigation. Few people, including a veterinary doctor from the National Agricultural Research Council (NARC), Khumaltar-Lalitpur, visited the pig and fish farm and suggested samples be brought to the NARC office for a laboratory test, in order to determine whether the fish and pigs were poisoned. Due to lack of funds, Mr. Maila Tamang did not submit any samples.
I am dismayed to learn that Mr. Maila Tamang’s life and business has been completely ruined. But, it seems there has been no end to the family’s agony. Now his entire family is being harassed by society and branded as thieves. The children stay at home often, as they find themselves being stoned on the way to school.
I know that Mr. Bibesh Tamang (11 years) threw a mango seed on a relative of Mrs. Shanti Tamang with an intention to hurt her on 7 June 2014. The relative who suffered is Mrs. Nirmaya Tamang. The mango seed landed on her chest with force and she suffered a minor injury. This incident further fuelled the family dispute.
Following this event, the police intervened again. Police from the Jeevanpur Police Station, namely ASI Ram Bahadur Shrestha, an ASI with the family name of Bhushal, and a head constable named Chetan, arrived at Mrs. Nirmaya Tamang’s house and beat her and her husband up with a stick, for increasing tension. The boy Ruben, one of the torture survivors, saw police beating Mrs. Nirmaya and her husband. Since then he has become even more frightened scared. He fears he might be arrested and tortured by the police again.
The entire Tamang family is living in terror. Forget justice, the supposedly impartial state has only greeted them with harassment and torture. The Tamang family worries constantly about their safety. The children fear going to school. They live now as social outcasts.
In a sense, it is like a nightmarish flashback to over two decades ago, when the family became an outcaste in the community. They were the only Christian family 22 years ago, and were isolated as a result, not even allowed to use the same water sources as that used by their neighbours.
Therefore, I urge the government of Nepal to immediately intervene and spare no time in conducting an impartial investigation into the allegation of police torture. I demand the government to take steps to ensure the security of Mr. Maila Tamang and his family members. The government of Nepal should ensure a safe environment in the village, so the Tamang family may return there to live. The family should be compensated for the violence and damage done to them by the state.
I look forward to your immediate attention in this matter.
Yours Sincerely,
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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+977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Bed Prasad Bhattarai
Acting Secretary
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015+977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210+977 1 4240210 , +977 1 4262548+977 1 4262548 , +977 1 4262394+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+977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
