Dear friends,
The Advocacy Forum (AF) has informed the Asian Human Rights Commission (AHRC) that Mr. MadhoTajpuriya, a 57-year-old resident of Ward Number 3, Sijuwa Village Development Committee (VDC), Morang district, was arrested by the police from the Area Police Post (APO) Sijuwa, Morang District, at around 4 p.m. on 24 October 2014. He died at 8 p.m. the same day, allegedly as a result of police torture. The police deny that he died at the station, claiming he died during his treatment in the hospital, and no arrests have been made. The police attribute the death to an apparent heart attack caused by alcohol consumption. But after observing the dead body, it appears Madho may have died from physical trauma. The AHRC believes the death was not due to natural causes. Suspicions are raised further, given the behavior of the police that forced the victim’s emotionally distressed wife to sign a paper accepting their report, before she was able to compose herself.
CASE NARRATIVE:
Mr. Madho Tajpuriya is a 57-year-old resident of Ward Number 3, Sijuwa Village Development Committee (VDC), Morang district. On 24 October, Madho went to a nearby tea-shop that Inspector Baburam Pokhrel from the Area Police Post (APO) of Sijuwa was present. Around 4 p.m., Inspector Pokhrel accused him of creating a disturbance by consuming alcohol in a public place, and ordered two policemen to arrest Madho for causing “public offence”.
Around 6 p.m., the Police Inspector Baburam Pokhrel telephoned Madho’s son-in-law’s mobile and told that him that Madho’s condition was critical and that he had been taken to Biratnagar for treatment. Inspector Pokhrel told him to come to the Koshi Zonal Hospital with clothes and moneyas soon as possible. Upon hearing this, Madho’s family began preparation to go to Biratnagar.
Around 8:30 p.m., Chitti, the wife of Madho, along with her son-in-law and a neighbor went to Koshi Zonal Hospital by van. When they arrived, they found Madho already dead.
His body was draped with a white cloth in a corner of the hospital. His wife, Chitti, fainted. When she regained consciousness, the police made her to sign his death report (Muchulka) documents. The police did everything to complete the process to release the body and even helped transport it to his home. After putting Madho’s dead body in the courtyard, the police left.
The following day, with the support of neighbors and well wishers Chitti and her relatives visited the APO and asked for the cause of Madho’s death. They demanded an independent and impartial investigation into the incident, legal punishment against those responsible, and compensation for the victim’s family members. However, Police Inspector Baburam Pokhrel, Officer-In-Charge of the APO, told Chitti that she had already signed a paper accepting that her husband died a natural death. At one point in the process police lathi charged the group, injuring 6 villagers.
At around 4 p.m. on 25 October 2014, a meeting was held. Those present included the District Superintendent of Police (DSP) Jagannath Gautam from the District Police Office (DPO), some police officers from the APO, the victim’s family members, members of Adivasi/Janajati Mahasangh, local journalists, and other local residents. The meeting concluded with an agreement for the formation of an investigation committee and the provision of appropriate compensation to the victim’s family members based on the recommendation of the committee. And the meeting also agreed on the provision of NPR 30,000 immediately for the cremation of the dead body. The victim’s family members have so far received NPR 25,000.
The following day, family members and villagers buried (rather than cremated, which is the custom) Madho’s dead body. On 27 October 2014, victim’s family members and villagers tried to visit the Chief District Officer (CDO). However, as they could not meet the CDO, they met Superintendent of Police (SP) Thule Rai and voiced their demands. However, SP Thule Rai informed them that an internal investigation committee has already been constituted, which cannot include outsiders.
The victim’s family members, neighbors, and relatives are demanding the formation of an independent and impartial investigation committee, as previously agreed, and are demanding legal action against the perpetrators and further compensation for the victim’s family members.
The AHRC urges the Government of Nepal to intervene immediately, conduct an investigation, and take immediate action against the responsible police officers. The police officers, especially Police Inspector Baburam Pokhrel, should be suspended immediately and investigation should be carried out for apparent torture and death of Madho Tajpuriya.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of unlawful arrest and torture, and requesting immediate intervention.
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 into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
NEPAL: Suspicious death of elderly man in police custody
Name of victims:
1. Mr. Madho Tajpuriya, and his family of Ward Number-3, Sijuwa Village Development Committee (VDC), Morang district
Names of alleged perpetrators:
1. Mr. Baburam Pokhrel, Police Inspector, Area Police Post (APO) of Sijuwa
2. Unidentified police officers from the Area Police Post (APO) Sijuwa, Village Development Committee, Morang District, Nepal
Date of incident: 24 October to present
Place of incident: Area Police Post (APO) Sijuwa, Village Development Committee, Morang District, Nepal.
I am writing to express my grave concern as Mr. Madho Tajpuriya is a 57-year-old resident of Ward Number 3, Sijuwa Village Development Committee (VDC), Morang district. On 24 October, Madho went to a nearby teashopthat Inspector Baburam Pokhrel from the Area Police Post (APO) of Sijuwa was present. Around 4 p.m., Inspector Pokhrel accused him of creating a disturbance by consuming alcohol in a public place, and ordered two policemen to arrest him for causing “public offence”.
Around 6 p.m., the Police Inspector Baburam Pokhrel telephoned his son-in-law’s mobile and told that that Madho’s condition was critical and that he had been taken to Biratnagar for treatment. Inspector Pokhrel told him to come to the Koshi Zonal Hospital with clothes and moneyas soon as possible. Upon hearing this, Madho’s family began preparation to go to Biratnagar.
Around 8:30 p.m., Chitti, the wife of Madho, along with her son-in-law and a neighbor went to Koshi Zonal Hospital by van. When they arrived, they found Madho already dead.
His body was draped with a white cloth in a corner of the hospital. His wife, Chitti, fainted. When she regained consciousness, the police made her to sign his death report (Muchulka) documents. The police did everything to complete the process to release the body and even helped transport it to his home. After putting Madho’s dead body in the courtyard, the police left.
The following day, with the support of neighbors and well wishers Chitti and her relatives visited the APO and asked for the cause of Madho’s death. They demanded an independent and impartial investigation into the incident, legal punishment against those responsible, and compensation for the victim’s family members. However, Police Inspector Baburam Pokhrel, Officer In Charge of the APO, told Chitti that she had already signed a paper accepting that her husband died a natural death. At one point in the process police lathi charged the group, injuring 6 villagers.
At around 4 p.m. on 25 October 2014, a meeting was held. Those present included the District Superintendent of Police (DSP) Jagannath Gautam from the District Police Office (DPO), some police officers from the APO, the victim’s family members, members of Adivasi/Janajati Mahasangh, local journalists, and other local residents. The meeting concluded with an agreement for the formation of an investigation committee and the provision of appropriate compensation to the victim’s family members based on the recommendation of the committee. And the meeting also agreed on the provision of NPR 30,000 immediately for the cremation of the dead body. The victim’s family members have so far received NPR 25,000.
The following day, family members and villagers buried (rather than cremated, which is the custom) Madho’s dead body. On 27 October 2014, victim’s family members and villagers tried to visit the Chief District Officer (CDO). However, as they could not meet the CDO, they met Superintendent of Police (SP) Thule Rai and voiced their demands. However, SP Thule Rai informed them that an internal investigation committee has already been constituted, which cannot include outsiders.
The victim’s family members, neighbors, and relatives are demanding the formation of an independent and impartial investigation committee, as previously agreed, and are demanding legal action against the perpetrators and further compensation for the victim’s family members.
Therefore I urge the Government of Nepal to intervene immediately, conduct an investigation, and take immediate action against the responsible police officers. The police officers, especially Police Inspector Baburam Pokhrel, should be suspended immediately and investigation should be carried out for apparent torture and death of Madho Tajpuriya.
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. 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. 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)
