Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Terai Human Rights Defenders Alliance (THRD Alliance) regarding an incident of police torture on 31 July 2014. Following, a verbal spat, which turned violent, Mahabir Bishwokarma was detained and tortured by the police till he fell unconscious at the Gadda Chauki Police Station Kanchanpur. Mahabir himself happens to be a Constable in the Armed Police Force. Police officer or not, Mahabir has suffered because he happens to be a Dalit. This incident exposes both the state of Dalits in Nepal and the state of police impunity in the absence of rule of law.
CASE NARRATIVE:
The Asian Human Rights Commission has received information that police officers from the Gadda Chauki Police Station, Kanchanpur, have tortured an officer from the Armed Police Force. Constable Mahabir Bishwokarma was kicked in his stomach when detained by the police from the Gadda Chauki Police Station. This incident occurred chiefly because the Mr. Bishwokarma is from the Dalit community.
The chain of incidents began on 31 July 2014 in the small shop of Raju Negi, located at the Tintara Sukasaal of Bhimdutta Municipality 5. When Naresh B.K., nephew of Mahabir Bishwokarma, asked the shopkeeper to sell him a cigarette, the shopkeeper Negi flatly rejected him, saying, “I will not sell a cigarette to you Dalit”. The tension boiled over and they began using foul words.
When Mahabir intervened to stop the verbal spat, he was beaten by the shopkeeper Raju, his wife, and house owners Birendra Chand and Lok Bahadur Chand. When Mahabir was being beaten, Naresh ran away. Due to the beating, Mahabir received serious injuries to his head.
However, rather than arrest the shopkeepers and the house owners, police officers, later, took only
Mahabir to the Gadda Chauki Police Station. Despite it being visible that Mahabir had sustained considerable injuries to his head, with blood flowing from the wounds, the police did not take Mahabir straight to hospital for treatment. Mahabir was, instead, beaten by Station In-charge Rajendra Chand and Assistant Sub-Inspector (ASI) Narayan Negi, who has close family ties with shopkeeper Negi.
In-charge Chand, wearing heavy police boots, kicked Mahabir in his stomach. The officers used derogatory terms, and mocked and demeaned Mahabir, asking him how a Dalit can act as a big person. Mahabir lost consciousness from the torture inflicted one him. Only once he lost consciousness did the police take him to the Mahakali District Hospital.
When Mahabir’s brother Lokendra Bishwokarma asked the police why his brother was beaten, ASI Narayan Negi thrashed him too. Lokendra sustained minor injuries.
As Mahabir sustained serious injuries to his head – he received 10 stitches –he was referred to Tapan Hospital located in Khatima, India, for further treatment.
However, as Mahabir cannot file a torture case in Nepal courts if he continued to receive treatment at the Indian hospital, his family has brought him back to Nepal and has admitted him again at the Mahakali District Hospital for his continuing treatment. In Nepal, torture case cannot be filed on the basis of a report prepared in hospitals outside of the country. Nepalese courts do not entertain reports prepared by Indian Hospitals.
Police Officers of the Gadda Chauki Police Station Rajendra Chaudhary and Rajendra Chand have been trying to dismiss the act of torture. The police officers have even threatened to take his job if Mahabir reports the police torture. Mahabir has been visibly shaken by this threat, so it was his family that has tried to register a case at the District Police Office (DPO) Kanchanpur under an attempt to murder charge. But, the DPO Kanchanpur has so far refused to register a case.
When he was attacked, Mahabir Bishwokarma, attached with the Armed Police Force, Kanchanpur, was on 20 days leave. During this period he wanted to make progress building his house. Mahabir has not eaten anything other than taking milk since the attack. He cannot consume any solid food due to his head injuries.
The AHRC urges the government of Nepal to intervene immediately and conduct an impartial investigation into this allegation of police torture. The government should suspend the police officers involved in inflicting torture; they should face departmental action and be brought before the court of law. The AHRC further urges the government to ensure the security of Mr. Mahabir Bishwokarma and his family members as the police officers have issued threats. Further, Mahabir should be provided compensation, as stipulated in the Torture Compensation Act (TCA), 1996. To ensure that such incidents do not reoccur, the government should criminalize torture, and introduce an anti-torture law, at the earliest.
SUGGESTED ACTION:
Please send letters to the authorities listed below expressing concern about this act of police torture and request their immediate intervention. The officers involved must be subjectedto investigation and brought before the court of law. The government should ensure safety for the victims.
The AHRC haswritten 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: Dalit policeman gets torture, not justice
Name of victims: Mahabir Bishwokarma, Lokendra Bishwokarma, & Naresh BK
Names of alleged perpetrators: In-charge Rajendra Chand & ASI Narayan Negi from Gadda Chauki Police Station, Kanchanpur
Date of incident: 31 July 2014
Place of incident: Gadda Chauki Police Station, Kanchanpur District, Nepal
I am writing to express my serious concern as the police officers from the Gadda Chauki Police Station, Kanchanpur, have tortured an officer from the Armed Police Force. Constable Mahabir Bishwokarma was kicked in his stomach when detained by the police from the Gadda Chauki Police Station. This incident occurred chiefly because the Mr. Bishwokarma is from the Dalit community.
The chain of incidents began on 31 July 2014 in the small shop of Raju Negi, located at the Tintara Sukasaal of Bhimdutta Municipality 5. When Naresh B.K., nephew of Mahabir Bishwokarma, asked the shopkeeper to sell him a cigarette, the shopkeeper Negi flatly rejected him, saying, “I will not sell a cigarette to you Dalit”. The tension boiled over and they began using foul words.
When Mahabir intervened to stop the verbal spat, he was beaten by the shopkeeper Raju, his wife, and house owners Birendra Chand and Lok Bahadur Chand. When Mahabir was being beaten, Naresh ran away. Due to the beating, Mahabir received serious injuries to his head.
However, rather than arrest the shopkeepers and the house owners, police officers, later, took only
Mahabir to the Gadda Chauki Police Station. Despite it being visible that Mahabir had sustained considerable injuries to his head, with blood flowing from the wounds, the police did not take Mahabir straight to hospital for treatment. Mahabir was, instead, beaten by Station In-charge Rajendra Chand and Assistant Sub-Inspector (ASI) Narayan Negi, who has close family ties with shopkeeper Negi.
I am disturbed to hear that In-charge Chand, wearing heavy police boots, kicked Mahabir in his stomach. The officers used derogatory terms, and mocked and demeaned Mahabir, asking him how a Dalit can act as a big person. Mahabir lost consciousness from the torture inflicted one him. Only once he lost consciousness did the police take him to the Mahakali District Hospital.
When Mahabir’s brother Lokendra Bishwokarma asked the police why his brother was beaten, ASI Narayan Negi thrashed him too. Lokendra sustained minor injuries.
I know that as Mahabir sustained serious injuries to his head – he received 10 stitches –he was referred to Tapan Hospital located in Khatima, India, for further treatment.
However, as Mahabir cannot file a torture case in Nepal courts if he continued to receive treatment at the Indian hospital, his family has brought him back to Nepal and has admitted him again at the Mahakali District Hospital for his continuing treatment. In Nepal, torture case cannot be filed on the basis of a report prepared in hospitals outside of the country. Nepalese courts do not entertain reports prepared by Indian Hospitals.
I have been informed that Police Officers of the Gadda Chauki Police Station Rajendra Chaudhary and Rajendra Chand have been trying to dismiss the act of torture. The police officers have even threatened to take his job if Mahabir reports the police torture. Mahabir has been visibly shaken by this threat, so it was his family that has tried to register a case at the District Police Office (DPO) Kanchanpur under an attempt to murder charge. But, the DPO Kanchanpur has so far refused to register a case.
When he was attacked, Mahabir Bishwokarma, attached with the Armed Police Force, Kanchanpur, was on 20 days leave. During this period he wanted to make progress building his house. Mahabir has not eaten anything other than taking milk since the attack. He cannot consume any solid food due to his head injuries.
I therefore urge the government of Nepal to intervene immediately and conduct an impartial investigation into this allegation of police torture. The government should suspend the police officers involved in inflicting torture; they should face departmental action and be brought before the court of law. I also urge the government to ensure the security of Mr. Mahabir Bishwokarma and his family members as the police officers have issued threats. Further, Mahabir should be provided compensation, as stipulated in the Torture Compensation Act (TCA), 1996. To ensure that such incidents do not reoccur, the government should criminalize torture, and introduce an anti-torture law, at the earliest.
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
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Bed Prasad Bhattarai
Acting Secretary
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org ornhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
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@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
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
