Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the torture case of Gyan Bahadur Balami (Gyanu), Hermin Ratu Lama and Makar Bahadur Gharti Magar (Iman) at the hands of a police team from the Metropolitan Police Crime Division in Kathmandu. Following their arrest under allegations of theft and drug smuggling on 31 October and 1 November 2010, the three victims were repeatedly severely beaten in different locations including in a private house (see AHRC-UAC-174-2010). For several weeks, the victims remained in the custody of the same police team which had tortured them, were refused medical treatment for the injuries they had sustained in the aftermath of torture and faced repeated threats and abuse (Please see: AHRC-UAU-046-2010).
We are now informed that Hermin was released on bail on 4 January 2011 and that Iman and Gyanu are now detained in Nakhu Jail, Kathmandu. Both have received medical treatment but were asked to pay for their expenses. No investigation has been launched into the allegations of police torture.
UPDATED INFORMATION:
According to the updated information we have received, Iman and Gyanu both received medical treatment; Iman for his teeth on 22 December and Gyanu for his ear on 21 December, hence almost two months after the beatings. However, they were asked to pay for the medical treatment and had to borrow money from their relatives to cover the expenses.
Gyan Bahadur Balami (Gyanu), Hermin Ratu Lama and Makar Bahadur Gharti Magar (Iman) were remanded on 30 December 2010 for the eighth time for three days. On 1 January 2011, their case was filed at the District Court, Kathmandu, under drug smuggling and drug charges. On 4 January 2011, Hermin Ratu Lama was released under ordinary bail on the drug smuggling case and after deposing a Rs. 20,000/= bail under the theft case per order of the District Court, Kathmandu. The same day, Makar Bahadur Gharti Magar was sent to Nakhu Jail, Kathmandu, pending his trial under drug smuggling and theft charges.
On 30 December 2010, the District Court ordered Gyan Bahadur Balami to deposit Rs. 97,500/= in relation to a theft case in which he is the only one charged. Being unable to deposit this amount he has been sent to Nakhu Jail. He is charged in another case of theft and in a case of drug smuggling which are under consideration at the court. In our latest urgent appeal we expressed our concern at the victim’s complaint that he had been forced to sign statements related to his involvement in theft cases.
The Asian Human Rights Commission is concerned to note that until now, no investigation has been launched into the allegations of torture, threats and sexual abuses inflicted by police officers to persons in their custody, nor has any authority informed of the case responded to the queries of human rights organizations. Inspector Bhism Humagai who commanded the police team allegedly responsible for the assault in the present case was already involved in a case in which three detainees, Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung, were severely beaten by the police in 2010 (please see: AHRC-UAC-020-2010). Although this case has been pending before the District Court, Kathmandu for several months, the alleged perpetrators have not been suspended from duty during the course of the investigation. The absence of any reaction from the authorities in the second alleged case of torture involving a police inspector and allowing him to remain on duty encourages this kind of practice. It is a further example of the lip-service paid for years by these exact same authorities to the fight against police torture.
In its report to the Universal Periodic Review, the Government of Nepal asserts that it “views any alleged acts relating to torture in any part of the country with serious concern. It has carried out investigations of allegations of such acts. Necessary punitive measures have been taken subject to law against those found indulged in such act.” As Nepal’s human rights record will be reviewed on 25 January, it is time for the government to show that it is willing to act so that these commitments materialize in practice.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for the impartial investigation of this case.
Please be informed that the AHRC is writing separate letters to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and to the Representative of the High Commissioner for Human Rights in Kathmandu, calling for their intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Impunity for those who allegedly tortured three detainees
Names of victims:
1. Gyan Bahadur Balami (Gyanu), 36 year old, permanent resident of 6 Burtibang, Baglung district and temporarily living in Padampokhari VDC-8, Hattigouda, Makwanpur district
2. Hermin Ratu Lama, 33 year old, Gyan Bahadur Balami’s wife, Malaysian national living in Nepal for 17 years, has obtained Nepalese Citizenship Certificate.
3. Makar Bahadur Gharti Magar (Iman), 41 year old, permanent resident of Bobang-8, Baglung, temporarily living in Goldhunga, Sundar tole, Kathmandu district.
Names of alleged perpetrators:
1. Police Inspector Bhism Humagai, MPCD, Hanumandhoka, Kathmandu
2. Sub Inspector Kedar, MPCD, Hanumandhoka, Kathmandu
3. Other 4, 5 unidentified police officers from MPCD, Hanumandhoka, Kathmandu
Places of incident: Places where the victims were tortured include: Hetauda Bus Park in Makwanpur district,different jungles in Makwanpur District, Daunne Jungle, Khaireni jungle, District Police Office, Kathmandu. On the night of 4 November 2010, the victims were kept in a private house in Sanepa, Kathmandu.
Dates of incident: From 31 October to 22 December 2010
I am writing to ask for an immediate investigation into the allegations of police torture and ill-treatment inflicted on Gyan Bahadur Balami, Hermin Ratu Lama and Makar Bahadur Gharti Magar.
I know that following their arrest under allegations of theft and drug smuggling on 31 October and 1 November 2010, the three victims had allegedly been severely beaten several times by a police team from the Metropolitan Police Crime Division (MPCD), Hanumandhoka police station under the leadership of Inspector Bhism Humagai. Hermin Ratu Lama was also reportedly sexually assaulted and tortured in front of her husband, Gyanu, to force him to confess a theft. I am further informed that the three victims were kept in a private house in Sanepa, for one day, where they were again beaten by policemen dressed in civilian clothes.
On 4 November 2010, the victims were brought to the District Police Office, Kathmandu where they were kept in the police custody of the same police team which had allegedly tortured them for several weeks and were refused medical treatment for the injuries they had sustained in the aftermath of torture. During their detention, I am informed of several incidents when the victims were beaten, threatened and forced to sign confession papers. On 7 December 2010, Gyanu was severely punched and kicked by a police inspector from the Litigation Section, DPO Kathmandu when he refused to sign a paper in connection with a robbery and was forced to sign it. On 12 December 2010, Inspector Bhism Humagai threatened Hermin Ratu Lama for having informed the human rights organizations of the ill-treatment she suffered and threatened Gyanu that he would show him “how much (he) could hurt (him)”.
According to the information I have received, Iman and Gyanu eventually received medical treatment, Iman for his teeth on 22 December and Gyanu for his ear on 21 December. I’m appalled to understand that the victims were deprived of medical treatment for almost two months. Further, they were asked to pay for the medical treatment and had to borrow money from their relatives to cover the expenses.
The three victims were remanded on 30 December 2010 for the eighth time for three days. On 1 January 2011, their case was filed at the District Court, Kathmandu under drug smuggling and drug charges. On 4 January 2011, Hermin Ratu Lama was released under ordinary bail on the drug smuggling case and after having deposit a Rs. 20,000/= bail under the theft case per order of the District Court, Kathmandu. The same day, Makar Bahadur Gharti Magar was sent to Nakhu Jail, Kathmandou, pending his trial under drug smuggling and theft charges.
On 30 December 2010, the District Court ordered Gyan Bahadur Balami to deposit Rs. 97,500/= in relation to one theft case in which he is the only one charged. Being unable to deposit this amount, he has been sent to Nakhu Jail. He is charged in another case of theft and in a case of drug smuggling which are under consideration at the court.
I am informed that although information regarding this case was brought to the attention of the Nepalese authorities twice, no investigation has been launched into the case so far. I wish to voice my serious concern at the fact that it is the second time in a year that serious allegations of torture and ill-treatment of prisoners have been raised against Inspector Bhism Humagai. He was allegedly involved in the severe beating of Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Bahadur Gurung in February2010 and although the case has been pending in the District Court, Kathmandu, for several months, no action has been taken against the alleged perpetrators so far. The inaction of the Nepalese authorities in the case of Gyan Bahadur Balami, Hermin Ratu Lama and Makar Bahadur Gharti Magar so far suggest that in this case as well an alleged torturer may be able to walk away unpunished from the case and to remain in a position to abuse the rights of persons under his custody, contributing to further affect the credibility of the police institution in Nepal.
I therefore urge you to take immediate measures in order to:
– Initiate a thorough independent investigation into those allegations of police abuse, whose outcomes must be made public
– Provided sufficient evidence is gathered, ensure that the alleged perpetrators are prosecuted by a judicial authority and suspended from their duties during the course of the trial.
– Guarantee that no confession obtained under threats or torture can be used against the detainees in court
– Guarantee the security of the victims during the course of the investigation
– See that the victims are provided with appropriate medical treatment and that their medical expenses are covered.
-Take measures to put an end to the police practice of detaining prisoners in private premises which increase the detainees’ risks of being subjected to ill-treatment and torture.
At the time of the upcoming review of Nepal’s human rights record under the Universal Periodic Review of the Human Rights Council, it is important to be reminded that the government of Nepal wrote in its report that it “views any alleged acts relating to torture in any part of the country with serious concern. It has carried out investigations of allegations of such acts. Necessary punitive measures have been taken subject to law against those found indulged in such act.” Two weeks before the review, I strongly urge you to take measures to materialize those commitments into concrete action and, by providing justice to torture victims, avoid the situation where other citizens see their rights abused by those supposed to protect them.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ramesh Chand Thakuri
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. Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
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 4411618.004411705.004420542
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 .00 4211264
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
