Dear Friends,
The Terai Human Rights Defenders Alliance (THRDA) has informed the Asian Human Rights Commission (AHRC) that 4 police officers attached with Maruwahi Police Post Mahottari District brutally tortured Mr. Ganga Mahato (45), resident of Ward number 4, Bathanaha Village Development Committee (VDC) Mahottari District. Victim Ganga Mahato is in serious condition. He is suffering continuous bleeding from his anus, and is being referred to another hospital in India to the horrendous injury.
CASE DETAILS:
The Asian Human Rights Commission (AHRC) has received information from the Terai Human Rights Defenders Alliance (THRDA) that Mr. Ganga Mahato (45), resident of Ward Number-4 of Bathanaha Village Development Committee (VDC), Mahottari District, was arrested without an arrest warrant on 8 November 2016 by a team of two police officers. They arrived, under the command of Police Station In-Charge Sambhu Prasad Shah, in civilian dress and were carrying guns. Arriving on motorbike, they took Ganga Mahato to Maruwahi Police Post, Mahottari.
The AHRC has learned that it was the Chief of District Police Office Mahottari, the Superintendent of Police (SP), Janak Bhattarai, who ordered Maruwahi Police Post to arrest Ganga Mahato.
Ganga Mahato was at home with his family members when the two police officers forcibly entered his home at around 12:30 am to arrest him. The officers relayed the summon order given by the SP, and took him to the District Police Office (DPO) Mahottari.
On the same day, at around 3 p.m., when his younger brother Tribeni Mahato went to meet him at the District Police office (DPO) Mahottari, he could not find him there. Then when he went to Maruwahi Police Post, he saw his brother there, unconscious. Ganga Mahato was visibly tortured and lying unconscious.
Tribeni Mahato informed the THRDA that Ganga Mahato had come back to Nepal four days ago from Saudi Arabia. Ganga had taken some money on loan from local landlord Birendra Singh and his son Lalit Singh before going to Saudi Arabia. He had already paid the money, but as he was in Saudi Arabia, he could not formally tear the loan papers. Once he came back, the local landlord and his son filed a complaint at the Maruwahi Police Post to retrieve the loan.
On 7 November, when Ganga was inebriated, he expressed his anger against landlord Birendra Singh and his son, and shouted at them. Later, Birendra Singh made a complaint at the Maruwahi Police Post. Six police officers came to arrest Ganga Mahato the same night, but the officers did not make any arrests that night.
According to victim’s family, Ganga was not drunk during the time of arrest. He fell unconscious after the police beating, and when he was taken to District Hospital Jaleswor for treatment, the doctors found presence of alcohol in his blood during the medical checkup.
In charge and Sub Inspector (ASI) Sambhu Prasad Sah of Maruwahi Police Post force-fed Ganga with alcohol. After that, Ganga was tied with iron shackles, and three officers (name and position unknown) tied his both hands and beat him for more than 2 hours on his hip, hands, back, chest and legs. His hands were tied to a bamboo bed, and one officer stomped on his hands, while the others hit him all over his body. The landlord’s son Lalit Singh was present at the police post during the course of torture. Ganga fell unconscious due to the excessive beating.
There are still blue marks all over his body, and his whole body swelled up. There is constant bleeding from Ganga Mahato’s anus as a result of the torture.
The police took him to the District Hospital Jaleswor Mahottari at around 8 p.m. that night. Ganga Mahato received treatment for around 1 hour, and the doctor referred him to a hospital in Sitamadi, India, for further treatment when there was little progress in his health condition. According to his family members, Ganga’s condition is deteriorating and the hospital in Sitamadi has asked that he be taken to a different hospital as they cannot stop the bleeding from Ganga Mahato’s anus.
The District Police Office has summoned ASI Sambhu Prasad Sah and two other police officers involved torturing Ganga Mahato for investigation. But local human rights defenders have confirmed that no departmental action has been taken against the police officers so far.
The police have been pressuring the victims’ families and human rights organizations not to expose the incident to media or anyone.
The health of the victim Ganga Mahato is precarious, due to constant blood loss. He is being referred to yet another hospital in India. Thus, the AHRC demands the Police Headquarters should immediately intervene, and suspend the alleged police officers. An investigation must be conducted promptly and officers involved must be punished accordingly. The victim must be shifted to a better hospital for treatment, as there is risk to his life.
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to take necessary action against the police officers involved in this case. Senior police authorities must immediately suspend the alleged police officers involved, and initiate action against them after due process of investigation into police torture. The victim should receive proper medical treatment, and must be provided compensation as per Nepal’s Torture Compensation Act (TCA) 1996.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for its intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Man suffering continuous bleeding from his anus after police torture
Name of victims: Mr. Ganga Mahato
Alleged Perpetrators: Assistant Police Inspector Sambhu Prasad Sah and other three police officers, Maruwahi Police Post, Mahottari District
Date of incident: 8 November 2016 to present
Place of incident: Maruwahi Police Post, Mahottari District
I am writing to voice my deep concern as 4 police officers attached with Maruwahi Police Post Mahottari District brutally tortured Mr. Ganga Mahato (45), resident of Ward number 4, Bathanaha Village Development Committee (VDC) Mahottari District.
Mr. Ganga Mahato was arrested without an arrest warrant on 8 November 2016 by a team of two police officers. They arrived, under the command of Police Station In-Charge Sambhu Prasad Shah, in civilian dress and were carrying guns. Arriving on motorbike, they took Ganga Mahato to Maruwahi Police Post, Mahottari.
I have learned that it was the Chief of District Police Office Mahottari, the Superintendent of Police (SP), Janak Bhattarai, who ordered Maruwahi Police Post to arrest Ganga Mahato.
Ganga Mahato was at home with his family members when the two police officers forcibly entered his home at around 12:30 am to arrest him. The officers relayed the summon order given by the SP, and took him to the District Police Office (DPO) Mahottari.
On the same day, at around 3 p.m., when his younger brother Tribeni Mahato went to meet him at the District Police office (DPO) Mahottari, he could not find him there. Then when he went to Maruwahi Police Post, he saw his brother there, unconscious. Ganga Mahato was visibly tortured and lying unconscious.
Ganga Mahato had come back to Nepal four days ago from Saudi Arabia. Ganga had taken some money on loan from local landlord Birendra Singh and his son Lalit Singh before going to Saudi Arabia. He had already paid the money, but as he was in Saudi Arabia, he could not formally tear the loan papers. Once he came back, the local landlord and his son filed a complaint at the Maruwahi Police Post to retrieve the loan.
On 7 November, when Ganga was inebriated, he expressed his anger against landlord Birendra Singh and his son, and shouted at them. Later, Birendra Singh made a complaint at the Maruwahi Police Post. Six police officers came to arrest Ganga Mahato the same night, but the officers did not make any arrests that night.
According to victim’s family, Ganga was not drunk during the time of arrest. He fell unconscious after the police beating, and when he was taken to District Hospital Jaleswor for treatment, the doctors found presence of alcohol in his blood during the medical checkup.
In charge and Sub Inspector (ASI) Sambhu Prasad Sah of Maruwahi Police Post force-fed Ganga with alcohol. After that, Ganga was tied with iron shackles, and three officers (name and position unknown) tied his both hands and beat him for more than 2 hours on his hip, hands, back, chest and legs. His hands were tied to a bamboo bed, and one officer stomped on his hands, while the others hit him all over his body. The landlord’s son Lalit Singh was present at the police post during the course of torture. Ganga fell unconscious due to the excessive beating.
There are still blue marks all over his body, and his whole body swelled up. There is constant bleeding from Ganga Mahato’s anus as a result of the torture.
The police took him to the District Hospital Jaleswor Mahottari at around 8 p.m. that night. Ganga Mahato received treatment for around 1 hour, and the doctor referred him to a hospital in Sitamadi, India, for further treatment when there was little progress in his health condition. According to his family members, Ganga’s condition is deteriorating and the hospital in Sitamadi has asked that he be taken to a different hospital as they cannot stop the bleeding from Ganga Mahato’s anus.
The District Police Office has summoned ASI Sambhu Prasad Sah and two other police officers involved torturing Ganga Mahato for investigation. But local human rights defenders have confirmed that no departmental action has been taken against the police officers so far.
The police have been pressuring the victims’ families and human rights organizations not to expose the incident to media or anyone.
The health of the victim Ganga Mahato is precarious, due to constant blood loss. He is being referred to yet another hospital in India. Thus, I urge the Police Headquarters to immediately intervene, and suspend the alleged police officers. An investigation must be conducted promptly and officers involved must be punished accordingly. The victim must be shifted to a better hospital for treatment, as there is risk to his life.
I look forward to your prompt action in this matter.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Pushpa Kamal Dahal ‘ Prachanda’
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bimalendra Nidhi
Home Minister of Nepal
Ministry of Home Affairs
Singh Durbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Anupraj Sharma
Chairperson
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. Raman Kumar Shrestha
Attorney General
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 Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
