Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a 42 year old man, a former policeman, was tortured by the police in the Banke district on 23 June 2013. The perpetrators told him that it was in their power to kill him and before releasing him made him pay NRs. 1,400 (about 15 USD). Due to the police torture a bone in his right cheek was broken and he lost a molar. However, he has not been able to access medical treatment so far as there are no facilities in his district to deal with such cases. He has not sought justice as he is afraid of reprisals from the perpetrators.
CASE NARRATIVE:
According to the information has been received, on 23 June 2013, Padam Bahadur Shahi, a 42 year male, an ex-policeman, was returning from Khajura to his home in Naoubasta VDC in Banke district by bus. On the way, the bus conductor broke a lychee plant Mr. Shahi had just purchased and Mr. Shahi therefore refused to pay the bus fare until the conductor had repaid for the broken plant. The dispute intensified and the conductor caught him by the chest. Immediately, three policemen arrived at the scene. One of them punched Shahi’s left cheek for not paying the bus fare. Another policeman also punched him 4 to 5 times. Then they put him on a motorcycle and took him to the Area Police Office at Kohalpur.
Once in the police station they searched Shahi and detained him ina cell. After a while, Sub-Inspector Narpati Bhatt entered the cell and punched Shahi’s neck, face and chest 4 to 5 times. The police officer also kicked Shahi’s knees and legs three to four times. He punched him hard on his right cheek. At the same time a detention guard, a Head Constable whose surname is Chaudhary, punched Shahi’s left armpit three times, punched his neck and head five to six times and kicked with his police boots on the victim’s knees nine to ten times. The kicking left red and blue bruises on his shin.
When the victim asked why they had only arrested him and why they were torturing him, one of the policemen told him not to talk anymore and added “Nothing will happen to us even if we kill you and throw your body somewhere.” They, then, took him to the women detention cell which was empty. They handcuffed his hands and fixed them to the door. Four to five policemen including Head Constable Chaudhary tortured him. They beat his body with sticks, punching with fists and kicking with police boots. They broke one of his molars. Due to the torture, the victim’s mouth was bleeding, his right cheek was swollen, his right elbow was injured and the skin on his right elbow was scratched.
After one hour, one of the victim’s friends came to the police station, accompanied by a local leader of a political party. The police brought him out of the police station, still handcuffed. They accused the victim of having broken a fan set outside the detention room and asked him to pay NRs. 2800.00 as compensation. Although the victim denied that, the police still forced him to pay them NRs. 1400.00. He was released later that day.
The following day, the victim visited Nepalgunj Zonal Hospital for his treatment. The doctor said that his right cheek bone was broken and referred him to a hospital in Kathmandu or Lucknow in India. As of 3 June 2013 the victim has not sought further treatment and remains at home. He complained to local human rights defenders of sleepless nights and said that he is now afraid each time he sees a policeman. His right cheek has been swollen for more than a week and one of his teeth, the right lower molar, has been broken. He cannot eat properly and suffers pain when he opens his mouth. He continues to suffer pain in his whole body and has to take painkillers. The victim did not seek legal action as he is afraid of reprisals from the perpetrators.
SUGGESTED ACTION:
Please join us in expressing your concern for the victim’s situation by writing to the authorities of Nepal.
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 torture victim fears police reprisal for seeking justice
Name of victim: Padam Bahadur Shahi, 42 year man, an ex-policeman and a resident of Noubasta VDC-02, Banke district
Names of alleged perpetrators:
1. Sub-Inspector Narpati Bhatt, Area Police Office, Kohalpur, Banke District
2. Head Constable Chaudhary, Area Police Office, Kohalpur, Banke District
3. Three to four unidentified policemen from Area Police Office, Kohalpur, Banke District
Date of incident: 23 June 2013
Place of incident: Area Police Office, Kohalpur, Banke District
I am writing to voice my deep concern regarding the torture faced by Padam Bahadur Shahi and to ask for protection for the victim so that he can seek justice and access medical treatment. According to the information I have received from the Asian Human Rights Commission (AHRC), on 23 June 2013, Padam Bahadur Shahi, a 42 year male, an ex-policeman, was returning from Khajura to his home in Naoubasta VDC in Banke district by bus. On the way, the bus conductor broke a lychee plant Mr. Shahi had just purchased and Shahi, therefore, refused to pay the bus fare until the conductor had repaid for the broken plant. The dispute intensified and the conductor caught him by the chest. Immediately, three policemen arrived at the scene. One of them punched Shahi’s left cheek for not paying the bus fare. Another policeman also punched him 4 to 5 times. Then they put him on a motorcycle and took him to the Area Police Office, Kohalpur.
Once in the police station they searched Shahi and detained him in a cell. After a while, Sub-Inspector Narpati Bhatt entered the cell and punched Shahi’s neck, face and chest 4 to 5 times. The police officer also kicked Shahi’s knees and legs three to four times. He punched him hard on his right cheek. At the same time a detention guard, a Head Constable whose surname is Chaudhary, punched Shahi’s left armpit three times, punched his neck and head five to six times and kicked with his police boots on the victim’s knees nine to ten times. The kicking left red and blue bruises on his shin.
When the victim asked why they had only arrested him and why they were torturing him, one of the policemen told him not to talk anymore and added “Nothing will happen to us even if we kill you and throw your body somewhere.” They, then, took him to the women detention cell which was empty. They handcuffed his hands and fixed his hands to the door. Four to five policemen including Head Constable Chaudhary tortured him. They beat his body with sticks, punching with fists and kicking with police boots. They broke one of his molars. Due to the torture, the victim’s mouth was bleeding, his right cheek was swollen, his right elbow was injured and the skin on his right elbow was scratched.
After one hour, one of the victim’s friends came to the police station, accompanied by a local leader of a political party. The police brought Shahi out of the police station, still handcuffed. They accused the victim of having broken a fan set outside the detention room and asked him to pay NRs. 2800.00 as compensation. Although the victim denied that, the police still forced him to pay them NRs. 1400.00. He was released later that day.
The following day, the victim visited Nepalgunj Zonal Hospital for his treatment. The doctor said that his right cheek bone is broken and referred him to a hospital in Kathmandu or Lucknow in India. As of 03 June 2013, the victim has not sought further treatment and remains at home. He complained to the local human rights defenders of sleepless nights and said that he is now afraid each time he sees a policeman. Shahi’s right cheek has been swollen for more than a week and one of his teeth, the right lower molar, has been broken. He cannot eat properly and has pain when he opens his mouth. He is feeling pain in his whole body and has to take painkiller. I am of the opinion that it is the responsibility of the state to ensure that he has an immediate access to the appropriate medical treatment, free of charge, to ensure his quick and complete recovery.
The victim did not seek legal action as he is afraid of reprisals from the perpetrators. I am informed that reprisals and threats against victims of torture seeking justice in Nepal is routine and that due to lack of protection, most of them renounce seeking justice, therefore allowing police torture to continue in all impunity. I therefore call on you to urgently take measures to guarantee the protection of the victim at all times. Further, please ensure that those allegations are immediately acted upon, that a thorough and impartial investigation is initiated into them leading into prosecution of the perpetrators. The alleged perpetrators must be suspended from their duties for the duration of the investigation.
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
Minister
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
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)
