NEPAL: Four men tortured by the Udayapur district police while in illegal detention

Dear Friends,

The Asian Human Rights Commission (AHRC) is concerned by the torture of four young men by the Udayapur district police during their illegal detention in March 2008. They all have been charged with attempted murder and are currently detained at the Udayapur district court awaiting trial.

CASE DETAILS: (Based on the statements of the victims)

Deepak Kumar Senapati is an 18-year-old bus conductor living in Mirchaiya, Ramnagar VDC ward no. 6, Siraha district, Nepal. According to Deepak, on 21 March 2008, he went to Belsot chowk [junction] in Tribeni VDC ward no. 4 in Udayapur district to celebrate a Hindu holy festival. His friends Durga Magar (23), Raju Magar (24) and Raj Kumar BK (20) also joined him there.

When a tipper-vehicle [vehicle no. 3610] reached the spot, Deepak knew the driver and tried to put a coloured dot on the driver’s face to celebrate the festival. However, the driver, whose mother passed away recently, refused to get coloured as the Hindu ritual forbids it during the period of mourning. The driver got angry with Deepak and they had a hot argument until local people came and settled the dispute. Deepak says that he returned home after that.

Sometime later, a driver, Uttam Majhi along with 50-60 persons came to the dispute area and asked for the person who tried to colour the driver. He started to have an argument with the local people and this incident led to a clash between Uttam’s group and the local people. During the clash, Uttam was beaten on his head and was hospitalized in BP Koirala Health Science Institute in Dharan.  Deepak, Durga Magar, Raju Magar and Raj Kumar BK were present there at the time of the clash. However, they deny beating Uttam saying that they do not know who injured him.

All the four victims were caught by the locals from Kalikhola on March 22 and 23 and later handed over to the Area Police Office (APO)–Katari in Udayapur district, on suspicion of assaulting Uttam.

According to Deepak, on March 23, he was caught by 5-6 locals from Kalikhola from his house while having lunch. At around 4pm, the locals handed him over to Khoksa police station where he was assaulted by the police for about 10 minutes. The policemen beat him on the soles of his feet, legs, knees, chest and back with bamboo stick. He was then transferred to the APO area police office Katari on the same day.

Deepak says, “At around 1:30pm on March 26, Inspector Hari Ojha of the APO–Katari took me to his quarter and beat me. While interrogating me about Uttam’s incident, he kicked me and punched me indiscriminately on my chest, back, shoulder and knees. He also beat the soles of my feet. The assault went for about 30 minutes and I fainted for a brief time due to torture.”

Durga Magar reported that he was caught by the locals from Kalikhola from his house on March 23, also while having lunch. The locals accused him of beating Uttam and directly handed him over to the APO–Katari. He says that at around 4pm on the same day, Inspector Hari Ojha took him to his quarter where the inspector assaulted him on various parts of his body for about 10 minutes.

According to Raj Kumar BK, on March 22, he was also caught by 5-6 locals from Kalikhola  with the same accusation, while he was bathing at Belsot river bank. The locals directly handed him over to the APO–Katari. He says that Inspector Hari Ojha took him to his quarter at around 1pm on March 26 and interrogated him regarding the beating incident of Uttam. When he denied the accusation, the inspector kicked and punched him on his chest, back, shoulder, legs, soles of feet and thighs for about 30 minutes.

Similarly, Raju Magar was caught by locals from Kalikhola at around 7am on March 22 from his sister’s tea shop and then handed over to the APO – Katari. He reported that the police did not physically torture him as he was an epileptic patient. However, he said that the police verbally abused him when they carried out an interrogation on him.

Deepak complained that he could not get up from bed for one week since being tortured. Raj Kumar BK also reported that he had pain on his chest when he coughed for several days after being tortured.

The police illegally detained them for about 11 days at the APO–Katari until April 3. The torture by the police violates the Interim Constitution of Nepal as well as the State Cases Act which mentions that any person arrested should be produced before court within 24 hours since his or her arrest. It is also reported that the family members are not allowed to meet the victims.

The victims were produced before Udayapur District Court for the first remand only on 3 April 2008, with a charge of attempted murder. On the same day, the police took the four men to the health post for a medical check-up. The victims report that the doctor ignored their claims when they told him about the torture in police custody.

All the four men were again remanded by the Udayapur District Court on April 19 and detained in the APO – Katari until April 28. On April 28, the police transferred them to the Udayapur District Police Office (DPO). Meanwhile, a charge sheet of an attempted murder case was filed against them. The police then produced all of them before the Udayapur District Court on April 29 and the court ordered them to be remanded at Udayapur district prison for awaiting a trial. They are being detained at the prison to date.

When the local human rights activists interviewed them on May 5, the three men except Raju Magar complained that they were experiencing pain on their chest and knees. However, the activists saw no sign of injuries on their body as it was over a month since they were beaten.

According to the latest information we have received, Raj Kumar BK’s lawyer filed an application for a mental and physical check-up at Udayapur District Court on May 7. He received the medical check-up at the health post in Gaighat Municipality in Udayapur district with the court’s order. The details of the medical check-up report are unknown.

It is reported that Uttam, who received a head injury at the clash in Belsot, was later transferred to Bir Hospital in Kathmandu from the BP Koirala Health Science Institute in Dharan for further medical treatment. He is still undergoing treatment at Bir Hospital and his health condition is improving.

COMMON PATTERN OF TORTURE IN NEPAL:

The AHRC recognizes a certain common pattern of torture by the police – called as a “bone beating” in Nepal. The police often beat the joints of a person’s hands and legs with a bamboo stick or a plastic pipe that causes severe pain to the person. The similar type of torture was also used on the four men mentioned above.

For instance, in the case of Mr. Kalam Miya that took place in July 2007, the Morang district police made him to lie on the floor, while two policemen held his legs and chest, and beat him with a stick on his feet, ankles, legs and fingers, in particular on the joints of his hands and legs (For details, see: UA-253-2007)

Five minors and two adults were also allegedly tortured in a similar manner by the police in Banke district in March 2007. The police made them lie down on the floor with their feet up and hit the sole of their feet with wooden sticks (For details, see: UA-126-2007).

In another torture case of Mohammed Pappu Miya that took place in September 2007, the Morang district police ordered him to place his legs up on a bench and then beat him on his feet and ankles with a wooden stick. He was later again tortured by the police on the calves of his legs (For details, see UA-304-2007).

After using torture on a person, the police often illegally detain him or her without producing the person before the court and also do not allow the family members or lawyers to see the person for some days. Therefore, when the family members or lawyers meet the person, there is often no sign of visible injuries. In this case as well, the police did not allow the family members to meet the victims and a lawyer could only meet them over one month after their torture incident.

The local human rights group says that the circumstances cause great difficulty for the torture victim as well as for them to pursue the case as they do not have considerable evidence of torture. The report of the medical check-up can be a crucial evidence to prove the implication of torture on the detainees by police. However, as seen in this case, the doctors frequently ignore the claim of the torture victim and do not describe them in the medical report.

SUGGESTED ACTION:
Please write to the concerned local authorities and request them to conduct a proper investigation into this alleged torture incident and take action against those responsible.

The AHRC will separately report this case to the UN Special Rapporteur on the Question of Torture.

To support this case, please click here: SEND APPEAL LETTER