NEPAL: Torture victims file case against police at Kanchanpur Court

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Terai Human Rights Defenders Alliance (THRD Alliance) regarding the police having tortured two persons on 30 April 2014. The police took Kalu and Hikmat Chaudhari on their private motorcycles to the Bhasi Police Station and ordered them to sign a document. When they raised questions about the content of the paper and objected, the officers beat them severely. When the victims could not tolerate torture anymore, they signed the document. Then, they were tortured further for trying to teach the police about law and jurisdiction, and released only when Kalu fainted. The victims have filed a case seeking punishment for the police officers and compensation. The AHRC fears for the safety of Kalu and Hikmat Chaudhari. The incident illustrates the incapacity of the Nepal police to investigate a case in a scientific manner and the impunity and abuse of power in Nepal, which is on the rise and affecting the liberty of common Nepalese.

CASE NARRATIVE:

When Mr. Kalu Chaudhari, aged 21, and Hikmat Chaudhari, aged 25, were returning home from work at around 8:30 p.m. on 29 April 2014, they were accosted by Mr. Min Aer from their own village. All of them are residents of Mahuliya, Bhimdutta Municipality 2, Kanchanpur district. According to information received by the AHRC, Min, who was drunk, verbally abused Kalu and Hikmat, provoking the heated argument that followed. The argument escalated and Min attacked the men. Kalu and Hikmat responded in self-defense by beating Min back with a stick. The scuffle likely resulted in a bruise on Min’s head. Kalu and Hikmat then carried on to their homes.

The next morning, at around 7:30 a.m., two policemen from Bhasi Police Station arrived at Kalu’s house and took Kalu and Hikmat, who lives nearby, to the local police station on their motorbikes. The policemen did not serve any arrest warrant before detaining the men.

Min was present at the police station when Kalu and Hikmat arrived there. Kalu and Hikmat asked Min why he had made a complaint, as this issue could have been talked over between them. Before Min could respond, the Bhasi Police Office In-Charge started using foul language and shouted, “You criminals! Why did you beat up an innocent man? We will punish you for this.”

Kalu and Hikmat told the officer that if they have committed any crime, they are ready to face punishment. But as they have not done anything, there is no point in scolding and abusing them.

After this, the Officer In-charge verbally abused them and took out a piece of paper from his pocket. The paper had some writing on it. The Officer ordered them to sign it. When the victims asked the In-Charge to read out the contents of the document, the other police officer standing nearby told them that it is a confession paper which states that they have committed a crime, and as a result they will bear the expenses incurred during the treatment of Min. The identity card of the policeman read Dhirendra Prasad Pant.

The victims were adamant that it was not their responsibility to cover the cost of expenses for treatment and said that if they have to they will do so only with the order of the court. Kalu further told the police that this matter does not fall under their jurisdiction, and that they did not even provide any arrest warrant.

This infuriated Pant.

He hit Kalu with a stick below Kalu’s waistline.

When Kalu kept asking for information on the contents of the document, the police beat him severely.

Ultimately, with fear of more torture, Kalu signed the document.

Laptan Chaudhari and Ramu Chaudhari, eyewitnesses, who reached the Bhasi Police Office after the arrest of Kalu and Hikmat, saw the police beating Kalu and Hikmat with a stick.

Even after they signed the document, the police did not release Kalu and Hikmat.

“Who are these guys to teach us the law? Lock them up,” the Officer In-Charge told Officer Pant.

Pant then detained them in a room and chased the witnesses away.

Kalu was made to lie on the ground. The police first beat Kalu with his fist on his head and then with a plastic pipe on his feet. Kalu was forced to do 100 sit ups and while he was doing the sit ups, the police continued to beat him. He moaned and cried for help but the police did not stop the beatings.

Police officers Chand and Pant tortured him. When Kalu lost consciousness, they released him in the presence of eyewitnesses.

Kalu was admitted to the Mahakali Zonal Hospital where he received treatment. Later, Kalu went to the Police Office to get a case form to register his complaint regarding the injuries the police had inflicted on Kalu and Hikmat, but the police refused to provide the form and instead threatened indictment in a serious criminal offence if Kalu and Hikmat were to make any complaint against the police. The police also threatened to put Kalu and Hikmat behind bars for lifetime if they were to make a complaint.

The victims finally registered a case at the Kanchanpur District Court under Section 5 of the Torture Compensation Act (TCA), 1996. They have requested the court to order a case form for them. The victims have sought compensation of NRs. 100,000, as per the provisions of Section 3 (4) and (6) of TCA, 1996. They have also requested the court to order departmental action against the police officers as per Section 7 of TCA, 1996.

The AHRC urges the government of Nepal to criminalize torture, and bring an Anti Torture Law. The government should immediately intervene and conduct an impartial investigation into the allegation of police torture. The police officers involved in inflicting torture should face immediate departmental action and be brought before the court of law. The AHRC further urges the government to ensure the security of Mr. Kalu Chaudhari and Hikmat Chaudhari. Further, Kalu and Hikmat should be provided compensation, as stipulated in the TCA, 1996.

ADDITIONAL INFORMATION:

Article 26 (1) of Nepal Interim Constitution, 2007,states that any person detained during investigation, inquiry, or criminal trial will not be subjected to physical or mental torture, cruel, inhuman and degrading treatment. Prohibitory clause of Article 26 (2) of the constitution has termed any act of torture or ill-treatment, as mentioned in Article 26 (1), as a punishable act. This Article also has a provision of compensation for a person subjected to torture and ill-treatment. The Prohibitory Clause of Article 143 (7) of the constitution says that person’s right against torture and ill-treatment will remain unaffected even during the state of emergency.

Section 3 (1) of Torture Compensation Act, 1996, also states that no person in custody during investigation should be subjected to torture. Section 4 of this Act says that if a Nepal Government employee was found to have tortured any person, the victim will be compensated.

This act of torture has also violated Convention against Torture and Other Cruel, Inhuman and Degrading Treatment. As per the Nepal Treaty Act, 1990, provisions of international treaties apply as domestic law in Nepal. Section 9 (1) of the Act states that if any treaty, which Nepal is party to, and which has been adopted by the Constituent Assembly, contradicts any Nepali law, the provisions of the treaty will apply as domestic law.

However, Nepal is yet to criminalize torture and introduce Anti Torture Law.

SUGGESTED ACTION:

Please sendletters to the authorities listed below expressing concern about this act of police torture and request their immediate intervention. The officers involved must be subjected to investigation and brought before the court of law. The government should ensure safety of the victims.

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