Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture of a woman, Ms. Harkali Pun, by two policewomen following order from a higher-ranking officer in District Police Office, Banke, on 12 July 2011. The victim’s hand was broken as a result of the torture but the police have consistently refused to provide her adequate medical treatment citing lack of money as pretext. At the time of writing, the victim remains in the custody of her alleged torturers and is still waiting medical treatment for her broken hand.
CASE NARRATIVE:
According to the information we have received, Ms. Harkali Pun, 49, was travelling to India in company of two women who allegedly were going to New Delhi when she was arrested by two staffs of an anti-trafficking NGO on 12 July 2011 in Jamunaha, near the Indian border. She was then handed over to the Jamunaha Police Office, Banke district under allegation of human trafficking.
Four to five hours after her arrest, she was transferred to the District Police Office (DPO), Banke and detained there in a cell. At around midnight, a police woman took her to a room on the first floor where there were 3 policemen and 1 police woman. An unidentified police officer presumably of a higher rank ordered the two policewomen to beat Ms. Pun and all the policemen left the room.
The two ladies constable named Bhagwati and Rajheni (their surnames are unknown) reportedly then started to beat the victim turn by turn with a three-inch thick and one-meter long wooden stick. The victim was beaten on her palms, arms, back, bottom, thighs, legs, soles of her feet and other parts of her body. They ordered her to stretch her legs and one policewoman sat on them while the other one beat on the soles of her feet. The two policewomen interrogated her about the alleged trafficking and asked her to provide her son’s and daughter’s telephone numbers saying that they would also be charged in the case. The victim was tortured for about two hours.
Afterwards, the police took her to her house in a police van and talked to her daughter for a while. She was then brought back to the DPO. When her children came with a lawyer to visit her, the police did not let her see her children nor the lawyer.
She was not provided an arrest warrant and detention letter on the day of her arrest, but on 14 July 2011 only, with effect from the previous day. On 14 July 2011 she was remanded for the first time for 5 days with effect from the previous day and she was remanded for the second time for 10 days on 18 July 2011.
On 23 July 2011 the victim was taken to Bheri Zonal Hospital for her medical checkup. A doctor diagnosed that her right hand was broken and recommended that it should be plastered. Her broken hand was swollen, and her left hand bore blue marks of torture and had three fingers badly twisted. The victim’s feet were also swollen and she complained of pain all over her body.
The police then asked her if she had money. As she had only Nrs. 500, her money was used for x-ray of her broken hand and to buy some pain killers but was insufficient to cover the plastering costs.
The alleged perpetrators reportedly ordered her to tell that her hand was broken by slipping from a staircase.
On 24 July 2011 her daughter, on behalf of the victim, filed a Physical and mental checkup application before the District Court, Banke under the Torture and Compensation Act – 2053, Section 5-3 which reads “In case any adult member of the family of a detainee, or his attorney, feels that the detainee has been tortured, he may file a petition to the appropriate district court. In case such a petition is received, the court may issue an order for the examination of the physical or mental condition of the detainee within three days. If, in the course of such examination, it is found that treatment is necessary, such treatment shall be made available by the government.” The same day the court ordered the DPO, Banke to provide a medical checkup to the applicant within 3 days and to submit the documents related to the case including medical report. The police took her to a hospital again on 25 July 2011 for the medical checkup but no medical treatment was provided to the victim.
On 28 July, activists working with the victim met Superintendent of Police Dinesh Amatya to inquire about the torture and the medical treatment of the victim’s fractured hand. But the police officer denied the reports of police torture and fracture of the victim’s hand. Instead, he alleged that her hand might have got injured at the time of her arrest. Nevertheless, when the activists discussed with other police personnel from the DPO, they acknowledged that the victim’s hand was fractured but said that there was no money in the DPO to cover for her expenses. After further discussions, the policemen agreed to send an official letter to the human rights NGO working with the victim requesting them for medical support if there was no money for her treatment in the Account Section of the DPO.
On 28 July, Ms. Pun was again brought to the District Court to extend her remand but the Registrar refused the extension until the police provide the medical report of the victim as per the July 24 court order, reportedly terming the police failure to provide the report within the three-days assigned timeframe a “contempt of court “. We are informed that the police eventually provided an unclearly written form to the court. The victim notified that the police first gave her a medical report but later exchanged it for another one, saying that the first report could get the police into trouble.
Both representatives of the Office of the High Commissioner for Human Rights and the National Human Rights Commission have recommended that the police should provide medical treatment to the victim.
At the time of writing, hence more than two weeks after the torture, the victim is still waiting for medical treatment and is still kept in the custody of those who have previously tortured her and is therefore at risk to further ill-treatment.
ADDITIONAL INFORMATION:
This case is another illustration of the state of decay of the policing system in Nepal who has turned away from its duty of protection of the law disregarding fundamental rights enshrined in the country’s constitution. For more information regarding the challenges of eradicating torture in Nepal please see our June 26 statement: Criminalizing torture and bringing it to an end: a test for Nepal’s democracy.
Detainees are under the protection of the state that has the duty to guarantee that the conditions are met to ensure their right to health, guaranteed in the Constitution of Nepal.
The Police Act, 1955 lists “take necessary action immediately in case any arrested or detained person sustains injuries or falls ill” among the duties of the police employees.
Such an obligation is also incorporated in international human rights customary law, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment for instance incorporates “A proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary”. Repeatedly denying medical treatment to a person in detention involves suffering for the victim exceeding the inevitable level of suffering inherent in detention and may as such constitute an additional instance of ill-treatment and another breach of Nepal international and internal obligations.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to demand medical treatment for the victim as well as to call for an immediate, impartial and thorough investigation to cast light upon the allegations of torture and bring the perpetrators to justice.
Please be informed that the AHRC will write a separate letter to the United Nations 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: The state should immediately provide justice and medical treatment to a woman torture victim in Banke
Name of victim: Ms. Harkali Pun, 49, a permanent resident of Motipur VDC- 6, Mangalpur, Bardiya district
Names of alleged perpetrators:
1. A police officer from District Police Office, Banke who allegedly gave the order of the torture but whose identity is unknown.
2. Ms. Bhagwati
3. Ms. Rajheni
Both are female constables of Police whose surnames are unknown, who allegedly tortured the victim
Date of incident: 12 July 2011
Place of incident: District Police Office, Banke
I am writing to call for your immediate intervention in a case of denial of medical treatment by District Police Office, Banke, to a 49-year-old woman detainee, Ms. Harkali Pun whose hand was broken following police torture.
According to the information I have received from the Asian Human Rights Commission (AHRC) Ms. Harkali Pun, 49, was travelling to India in company of two women who were allegedly going to New Delhi when she was arrested by two staffs of an anti-trafficking NGO on 12 July 2012 in Jamunaha, near the Indian border. She was then handed over to the Jamunaha Police Office, Banke district under allegation of human trafficking.
Four to five hours after her arrest, she was transferred to the District Police Office (DPO), Banke and detained there in a cell. At around midnight, a police woman took her to a room on the first floor where there were 3 policemen and 1 police woman. An unidentified police officer presumably of a higher rank ordered the two policewomen to beat Ms. Pun and all the policemen left the room.
I appalled to hear that both ladies constable Bhagwati and Rajheni then reportedly started to beat the victim turn by turn with a three-inch thick and one-meter long wooden stick. The victim was beaten on her palms, arms, back, bottom, thighs, legs, soles of her feet and other parts of her body. They ordered her to stretch her legs and one policewoman sat on them while the other one beat on the soles of her feet. The two policewomen interrogated her about the alleged trafficking and asked the victim to provide her son’s and daughter’s telephone numbers saying that they would also be charged in the case. The victim was tortured for about two hours.
Afterwards, the police took her to her house in a police van and talked to her daughter for a while. She was then brought back to the DPO. I am concerned to learn that when her children came with a lawyer to visit her, the police did not let her see her children nor the lawyer.
She was not provided an arrest warrant and detention letter on the day of her arrest, but on 14 July 2011only with effect from the previous day. On 14 July 2011 she was remanded for the first time for 5 days with effect from the previous day and she was remanded for the second time for 10 days on 18 July 2011.
On 23 July 2011 the victim was taken to Bheri Zonal Hospital for her medical checkup. A doctor diagnosed that her right hand was broken and recommended that it should be plastered. Her broken hand was swollen, and her left hand bore blue marks of torture and had three fingers badly twisted. The victim’s feet were also swollen and she complained of pain all over her body.
The police then asked her if she had money. As she had only Nrs. 500, her money was used for X-ray of her broken hand and to buy some pain killers but was insufficient to cover the plastering costs. The alleged perpetrators ordered her to tell that her hand was broken by slipping from a staircase.
On 24 July 2011 her daughter, on behalf of the victim, filed a Physical and mental checkup application before the District Court, Banke under the Torture and Compensation Act – 2053, Section 5-3 which reads “In case any adult member of the family of a detainee, or his attorney, feels that the detainee has been tortured, he may file a petition to the appropriate district court. In case such a petition is received, the court may issue an order for the examination of the physical or mental condition of the detainee within three days. If, in the course of such examination, it is found that treatment is necessary, such treatment shall be made available by the government.” The same day the court ordered the DPO, Banke to provide a medical checkup to the applicant within 3 days and to submit the documents related to the case including medical report. The police took her to a hospital again on 25 July 2011 for the medical checkup but no medical treatment was provided to the victim.
On 28 July, activists working with the victim met Superintendent of Police Dinesh Amatya to inquire about the torture and the medical treatment of the victim’s fractured hand. But the police officer denied the reports of police torture and fracture of the victim’s hand. Instead, he alleged that her hand might have got injured at the time of her arrest. Nevertheless, when the activists discussed with other police personnel from the DPO, they acknowledged that the victim’s hand was fractured but said that there was no money in the DPO to cover for her expenses. After further discussions, the policemen agreed to send an official letter to the human rights NGO working with the victim requesting them for medical support if there was no money for her treatment in the Account Section of the DPO.
On 28 July, Ms. Pun was again brought to the District Court to extend her remand but the Registrar refused the extension until the police provide the medical report of the victim as per the July 24 court order, reportedly terming the police failure to provide the report within the three-days assigned timeframe a “contempt of court “. I am informed that the police eventually provided an unclearly written form to the court. The victim notified that the police first gave her a medical report but later exchanged it for another one, saying that the first report could get the police into trouble.
I know that both representatives of the Office of the High Commissioner for Human Rights and the National Human Rights Commission have recommended that the police should provide medical treatment to the victim.
At the time of writing, hence more than two weeks after the torture, the victim is still waiting for medical treatment.
I know that detainees are under the protection of the state that has the duty to guarantee that the conditions are met to ensure their right to health, guaranteed in the Constitution of Nepal.
I am of the opinion that repeated denial medical treatment to a person in detention involves suffering for the victim exceeding the inevitable level of suffering inherent in detention and may as such constitute an additional instance of ill-treatment and another breach of Nepal international and internal obligations.
I am therefore urging you to immediately intervene in this case to ensure that the victim will be provided immediate appropriate medical treatment. I am concerned that at the time of writing the victim is still kept in the custody of those who have tortured her is therefore at risk of further ill-treatment and I thus wish to ask for her transfer to another place of detention awaiting trial.
Further, I am of the opinion that the lack of prosecutions against perpetrators of torture nurtures a feeling of immunity among them which emboldens them to continue to see torture as a way to conduct an investigation and to encourage their subordinates to do so. I therefore urge you to take action without delay to launch an impartial and thorough investigation into those allegations of torture and bring the perpetrators to justice. All the alleged perpetrators should be suspended during the investigation process.
I’m looking forward to your intervention in this case,
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Rabindra Pratap Shah
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Dr. Yuba Raj Sangraula
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan
Lalitpur (Kathmandu)
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Yadhav Raj Khanal
Chief
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np
5. Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
6. Jhala Nath Khanal
Prime Minister
Office of the Prime Minister
Singh Darbar
Kathmandu
NEPAL
FAX: + 977 1 4211 086
E-mail: info@opmcm.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
