NEPAL: Police tortures a young man in Kathmandu

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a young man whom five policemen severely tortured while in their custody nearly two months ago has continue to suffer poor health. The victim, who remains in detention, had been beaten with bamboo sticks on the soles of his feet, ankles, back of his knees and thighs following his arrest. There has been no investigation conducted in this case nor adequate treatment given to him so far.
    
CASE DETAILS:

Mr. Shekhar Gurung, 35 years old, is a permanent resident of ward no. 32, Maitidevi sub-metropolitan city in Kathmandu. He temporarily resides in Dallu sub-metropolitan city, also in Kathmandu.

According to the information received, at around 7:30 pm on May 31 of this year, Shekhar was arrested on the charge of allegedly being a hooligan and for creating violence by a team of policemen from the Singhadarbar Metropolitan Police Sector (Singhadarbar MPS), Kathmandu. The victim was in the area of Helambu Restaurant of Maitidevi in Kathmandu Sub-metropolitan city, chatting with his friends when arrested.

The officers took him to the Singhadarbar MPS where the policemen arresting him had him severely tortured. When interviewed at his detention center following the incident, Shekhar told of how he was arrested and subsequently tortured;

“The police personnel, who arrived suddenly at Helambu Restaurant, scolded me (because I was) roaming around again in the Maitidevi area. Then, they arrested me and took to Singhdurbar MPS. There I was detained there in a separate room. They also used very abusive language and scolded me time and again blaming me that I was a hooligan and for creating violence”.

He added that: “I asked them why they feel problem when I visit Maitidevi area for my personal work but they started beating me for arguing with them. Then, the five policemen (one sub-inspector, one assistant sub-inspector and three police constables) beat me on both the soles of my feet, ankles, back of my knees and both thighs with a bamboo stick. They had me beaten continuously and indiscriminately one after another for about 25 to 30 times. At the meantime, one of the policemen also beat me on the right side of my stomach with the bamboo stick.”

The following day, June 1, Shekhar was transferred from the Singhadarbar MPS to the Kathmandu Metropolitan Police Range where he was remanded in judicial custody on the charge of public offence. It was only on June 9, that a local human rights group Advocacy Forum (AF) had been able to apply on his behalf a request with the District Court of Kathmandu for the victim to undergo physical and mental checkups.

The Court, in granting the request, has ordered the policemen who were holding the victim in custody to take him to the Bir Hospital in Katmandu where he was given a medical checkup on June 10. But despite the medical examination having been completed, the victim and the group helping him knew nothing about its result. The police instead kept the results of the findings of the medical report to themselves.

On June 19, the District Court issued an order that the victim could be release on bail amounting to Rupees 7,000 (about USD 102); however, since the victim himself has no money to pay for his bail he has since remained in detention.

When he was interviewed in jail, Shekhar described the severity of his health condition because of the torture he had suffered and his difficulties as he survives daily in jail due to his condition. Shekhar said: “I have still problem bending my knees. I cannot sit and stand properly. I even have problem going to toilet. I also feel the itching sensation on my knees. I feel pain on my chest and stomach when I cough. At night, I suffer pain all over my body. I still have black patches of blood clot on the right sole of my foot, on right ankle and big such patches on both my thighs.” [The photos of his injuries can seen here: Photo1 and Photo2 ]

ADDITIONAL COMMENT:

The manner of torture used on Shekhar Gurung, which is known as “bone beating”, had been commonly used amongst victims of police torture there. What the police do is to hit the person’s joints of his hands and legs with bamboo stick or a plastic pipe, which obviously cause severe pain.

Similar types of torture have also been used to four cases of torture as we reported in our previous appeals.

This includes the case of four men tortured by the Udayapur district police in March 2008 (See: UAC-096-2008); victim Mr. Kalam Miya in July 2007 at the Morang District Police (See: UA-253-2007); the torture of five minors and two adults in March 2007 by the police in Banke District (See: UA-126-2007), and of victim Mr. Mohammed Pappu Miya in September 2007 at the Morang District police (See: UA-304-2007).

After the brutal torture the police often illegally detain the victim without producing the person before the court and also do not allow the family members or lawyers to see the victim for a while. Therefore, when the family members or lawyers finally meet the person, it is often difficult to identify signs of visible injuries.

According to the local human rights group these circumstances cause great difficulties for the victim when they pursue their cases as this effectively prevented them from having a considerable evidence of torture, particularly the marks and traces of tortures, as they seek legal redress. For instance, in Shekhar’s case, he and the group helping him have not been informed of the result of his medical examination. The medical report is an extremely essential evidence to prove the commission of torture.

SUGGESTED ACTION:
Please urgently write to the concerned local authorities listed below and express your deep concern about this case. Also urge them to take appropriate action and to hold to account the police officers responsible for torturing the victim.

The AHRC has also separately reported this case to the UN Special Rapporteur on the question of torture for his intervention.

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