Dear friends,
The Terai Human Rights Defenders (THRD) Alliance in Nepal has informed the Asian Human Rights Commission (AHRC) that Mr. Hariram Bahun, a 38-year-old bicycle mechanic and resident of ward 7, Ganapur Village Development Committee (VDC), Banke District, was arrested for drug dealing by the police on 2 September 2014. He was tortured by various physical means. He has complained verbally of being forced to confess to the crime. He is currently hospitalized under supervision by the police an unable to go to court. His family has not filed a case for fear of police reprisal.
CASE NARRATIVE:
Mr. Hariram Bahun, a 38-year-old bicycle mechanic has been arrested from his work place by plain clothed police officers from Mid-western Regional Police Office, Surkhet District on 7 September 2014. Mr. Bahun is a resident of and works in ward 7 of the Ganapur VDC, Banke District.
He was arrested at around 6 p.m. on 2 September 2014 on the order of District Superintendent of Police (DSP) Ashok Singh, for selling a drug known as “brown sugar”. Without any prison receipt he was taken to the Area Police Station of Ganapur in Banke District after his arrest and 3 policemen (Durga B.K., Nar Bahadur Nepali, and Sergeant Hemraj K.C.) beat him for 30 minutes on his hips, back and hands. He denied committing any crimes, but police forced him to confess. Due to the torture, he lost consciousness. The police then took him to District Police Headquarter (DPH) where they continued his torture in dark place he was unable to identify, instead of seeking medical treatment. They continued to torture him for at least 5 minutes before he again lost consciousness.
As a result of the damage to his health he was admitted to Kohalpur Medical Collage, Kohalpur, Banke District under the supervision of the Area Police Station in Kohalpur at mid-night on 3 September 2014. He has numerous bruises on his back and feet and is unable to walk.
The police handed over custody to the prison on 5 September 2014 and registered a case against him. The victim’s 6 person family has been surviving off of his income and with his arrest they will have difficulty providing for themselves. It is also worth noting that the police had tortured the victim’s daughter and wife 2 months earlier. They have not been able to register any appeal to Police and District Administration due to the fear of further persecution by police.
While the police refused to provide justice to the victim, a local human rights organization visited the local people, including family member of Bahun, and released a statement demanding the truth and justice for torture victims throughout the region. They also called the torture inhuman, barbaric, and humiliating. Mr. Janak Bahadur Shai, DSP of Area Police Station in Ganapur interviewed the involved officers but did not take any action against them.
The AHRC urges the government of Nepal to immediately intervene and investigate into this matter. The Hariram Bahun should be provided justice. The Police personnel involved must be subject to investigation and the guilty must be prosecuted. If the Area Police Station of Ganapur, Banke District and DPH Banke District do not take appropriate action, they too should be investigated and charged with inaction.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this alleged act of police torture, and requesting immediate intervention. The Hariram Bahun should be provided justice. The Police personnel involved must be subject to investigation and the guilty must be prosecuted. If the Area Police Station of Ganapur, Banke District and DPH Banke District do not take appropriate action, they too should be investigated and charged with inaction.
The AHRC has written 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: Bicycle mechanic tortured by police over false charges
Name of victims:
1. Hariram Bahun of ward 7, Ganapur VDC, Banke District, Nepal
Names of alleged perpetrators:
1. Durga B.K.
2. Nar Bahadur Nepali, and
3. Sergeant Hemraj K.C., Police officers from the Area Police Station Ganapur, Banke District, Nepal.
Date of incident: 14 August to present
Place of incident: Area Police Station Ganapur, Banke District; and District Police Headquarter, Banke
I am writing to express my grave concern regarding the torture of Mr. Hariram Bahun. The victim is a 38-year-old bicycle mechanic and resident of ward 7, Ganapur Village Development Committee (VDC). I have learned that he was arrested for alleged drug dealing by the police on 2 September 2014. He was tortured by various physical means. He has complained of being forced to confess to the crime even though he is innocent. He is currently hospitalized under supervision by the police an unable to go to court. His family has not filed a case for fear of police reprisal.
The victim was arrested at around 6 p.m. on 2 September 2014 on the order of District Superintendent of Police (DSP) Ashok Singh, for selling a drug known as “brown sugar”. Without any prison receipt he was taken to the Area Police Station of Ganapur after his arrest and 3 policemen (Durga B.K., Nar Bahadur Nepali, and Sergeant Hemraj K.C.) beat him for 30 minutes on his hips, back and hands. He denied committing any crimes, but police forced him to confess. Due to the torture, he lost consciousness. The police then took him to District Police Headquarter where they continued his torture in dark place he was unable to identify, instead of seeking medical treatment. They continued to torture him for at least 5 minutes before he again lost consciousness.
As a result of the damage to his health he was admitted to Kohalpur Medical Collage, Kohalpur, Banke District under the supervision of the Area Police Station in Kohalpur around mid-night on 3 September 2014. He has numerous bruises on his back and feet and is unable to walk.
The police handed over custody to the prison on 5 September 2014 and registered a case against him. The victim’s 6 person family has been surviving off of his income and with his arrest they will have difficulty providing for themselves. It is also worth noting that the police had tortured the victim’s daughter and wife 2 months earlier. They have not been able to register any appeal to Police and District Administration due to the fear of further persecution by police.
I have been informed that while the police refused to provide justice to the victim, a local human rights organization visited the local people, including family member of Bahun, and released a statement demanding the truth and justice for torture victims throughout the region. They also called that the torture inhuman, barbaric, and humiliating. Mr. Janak Bahadur Shai, DSP of Area Police Station in Ganapur interviewed the involved officers but did not take any action against them.
Therefore, I urge the government of Nepal to immediately intervene and investigate this matter. Mr. Hariram Bahun should be provided justice. The Police personnel involved must be subject to investigation and the guilty must be prosecuted. If the Area Police Station of Ganapur, and DPH Banke do not take appropriate action, they too should be investigated and charged accordingly.
I look forward to your immediate attention in this matter.
Yours sincerely,
—————————————
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 or nhrc@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)
