Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the death in custody of a sixteen-year old teenage boy, one year ago in Rupandehi District. The boy was arrested by the police at 12.30 pm on 3 July 2010 regarding a lethal bicycle accident. He was dead when he was taken to the hospital in the early morning of 4 July, some hours after he was removed from the police station. The victim’s relatives and witnesses suspect that the boy may have been tortured to death. The Ministry of Home Affairs has provided some monetary support to the boy’s parents. The Appellate Court, Rupandehi has ordered the police to initiate a “fully independent, impartial, effective and prompt investigation into the case as per law.” That order was given on 26 January 2011, but, to-date, no such investigation has taken place.
UPDATED INFORMATION:
In July 2010, the AHRC issued an urgent appeal expressing its concern at the news of the passing in unclear circumstances of a sixteen-year old teenage boy, Dharmendra Barai, while in custody of the Khajuriya Police Post. The boy was arrested by the police at 12.30 on 3 July 2010 regarding a lethal bicycle accident and although he was minor, he was kept in detention in the same cells as adults in the police post, in clear contradiction of the Nepalese law according to which juveniles must be kept in separate facilities. In the evening, 20 to 25 persons came to visit him in the police station and saw him in tears. He told them that the police had aimed their rifles at him and threatened to shoot him.
At around 4am the police called Dharmendra’s family to tell them that he had been admitted to the hospital. On arrival shortly after they found that the boy was already dead. The hospital records read “Brought Dead”, and also note that the body had an abrasion on left palm, bruising on his right sole and a two to three inch wound on his right arm, which is as yet unexplained, these can be seen here, here and here. Those injuries have led the family and the relatives to suspect that the boy may have died as a result of severe torture. Witnesses have reported that the police may have applied electric shocks to the victim’s body during a 45-minutes investigation period he was subjected to before he died.
An investigation team formed under the leadership of the District Administration Office concluded that “there is no sufficient proof to establish the torture is the cause of death” and recommended for departmental action against “careless” police officers and for compensation for the family. These findings were tainted by allegations of lack of independence and impartiality of the investigation which failed to show due diligence and did not take into account key evidences. The AHRC denounced the failure of the investigation in another updated urgent appeal and called for an independent investigation to be launched immediately as well as prosecution of the perpetrators and relief and compensation of the victim’s family.
A separate investigation team formed by the Ministry of Home Affairs is yet to publish its report, more than one year on.
The police officers have also refused to visit the sub regional office of the National Human Rights Commission in spite of numerous convocations.
On 22 August 2010, the victim’s father tried to file a First Information Report against five police officers at the District Police Office, Rupandehi but the police rejected the complaint. He also posted the FIR to the District Police Office and the District Administration Office, but neither called him to acknowledge the reception of the FIR nor informed him of any action taken to investigate the case.
Following an application for a writ of mandamus filed by the father on 9 September 2010, the Appellate Court, Butwal issued a mandamus against the name of the DPO, Butwal on 26 January 2011 ordering it to initiate a “fully independent, impartial, effective and prompt investigation into the case as per law”. The case is pending till date.
As per a decision taken by the Council of Ministers of Government of Nepal, the Ministry of Home Affairs on February 02, 2011, sent NRs. 150, 000.00 to the DAO to provide monetary support to the family members of victim. As the victim’s father had been told that he needed to withdraw the criminal case to receive the monetary compensation, the father first refused the money. After NGOs ensured that the father could receive that money unconditionally, the father eventually received the monetary support on 13 September 2011.
Although the AHRC welcomes the payment of monetary support to the victim’s father unconditionally, our position remains that some sum of money falls short of realizing the family’s fundamental right to a legal remedy, entrenched in the International Convenant on Civil and Political Rights, which Nepal has ratified. Under no circumstances can a small sum of money elude the fundamental right of the father to see the death of his son investigated by a competent, credible and independent authorities and, if applicable, to see prosecutions undertaken against the perpetrators and to receive appropriate compensation as decided by a court of justice.
SUGGESTED ACTION:
Please join us in writing to the authorities listing below to demand that an impartial inquiry should be launched to cast light upon the exact circumstances of Dharmandra Barai’s death and that justice should be given to his family.
Please be informed that the AHRC will write a separate letter to the UN Special Rapporteurs on the Question of Torture and Extrajudicial, Summary or Arbitrary Execution and to the Nepal representative of the Office of the High Commission for Human Rights calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Custodial death of a teenage boy must be properly investigated
Name of victim: Dharmendra Barai, 16 (DoB: 4 Dec 1994), son of Hariram Barai and Vidhyawati Barai, a permanent resident of Gonaha VDC-2, Puraini, Rupandehi district
Names of alleged perpetrators:
1. Assistant Sub-Inspector Nar Bahadur Khatri, in charge of Khajuriya Police Post, Rupandehi district
2. Other policemen from Khajuriya Police Post, Rupandehi district
3. SuperIntendent of Police Sher Bahadur Basnet and SubInspector Shambhu Upadhaya from Rupandehi District Police Office (reported refusal to file an FIR into the case and request to the victim’s father not to report the case)
4. Deputy Chief District Officer Pitamber Ghimire, Rupandehi District Administration Office (reported refusal to file an FIR into the case)
Date of incident: 3-4 July 2010
Place of incident: Khajuriya Police Office, Rupandehi district
I am writing to voice my deep concern regarding the failure of the Nepalese authorities to undertake proper investigations to cast light upon the circumstances leading to the death of a sixteen year old boy while in custody of Khajuriya Police Office on 4 July 2010.
I know that in two previous letters addressed to your office on 23 July and 27 August 2010, the Asian Human Rights Commission has informed you of the passing in unclear circumstances of a sixteen-year old teenage boy, Dharmendra Barai, while in custody of the Khajuriya Police Post. The boy was arrested by the police at 12.30 pm on 3 July 2010 regarding a lethal bicycle accident and although he was minor, he was kept in detention in the same cells as adults in the police post, in clear contradiction of the Nepalese law according to which juveniles must be kept in separate facilities. In the evening, 20 to 25 persons came to visit him in the police station and saw him in tears. He told them that the police had aimed their rifles at him and threatened to shoot him.
I am informed that an investigation team formed under the leadership of the District Administration Office concluded that “there is no sufficient proof to establish the torture is the cause of death” and recommended for departmental action against “careless” police officers and for compensation for the family. Nevertheless, I know that these findings were tainted by allegations of lack of independence and impartiality of the investigation which failed to show due diligence and did not take into account key evidences.
Further, I am aware that a separate investigation team formed by the Ministry of Home Affairs is yet to publish its report, more than one year on.
On 22 August 2010, the victim’s father tried to file a First Information Report against five police officers at the District Police Office, Rupandehi but I am concerned to learn that the police rejected the complaint. He also posted the FIR to the District Police Office and the District Administration Office, but neither called him to acknowledge the reception of the FIR nor informed him of any action taken to investigate the case.
Following an application for a writ of mandamus filed by the father on 9 September 2010, the Appellate Court, Butwal issued a mandamus against the DPO, Butwal on 26 January 2011 ordering it to initiate a “fully independent, impartial, effective and prompt investigation into the case as per law”. The case is pending till date. No proper and independent investigation has been launched into the case so far, and the alleged perpetrators have not faced any proportionate sanction.
As per a decision taken by the Council of Ministers of the Government of Nepal, the Ministry of Home Affairs on February 02, 2011, sent NRs. 150, 000.00 to the DAO to provide monetary support to the family members of victim. As the victim’s father had been told that he needed to withdraw the criminal case to receive the monetary compensation, the father first refused the money. After NGOs ensured that the father could receive that money unconditionally, the father eventually received the monetary support on 13 September 2011.
I welcome the payment of monetary support to the victim’s father unconditionally. Nevertheless I am of the opinion that some sum of money falls short of realizing the family’s fundamental right to a legal remedy, entrenched in the International Convenant on Civil and Political Rights, which Nepal has ratified. Under no circumstances can a small sum of money elude the fundamental right of the father to see the death of his son investigated by a competent, credible and independent authorities and, if applicable, to see prosecutions undertaken against the perpetrators.
I therefore strongly urge you to intervene in this case to make sure that an impartial, independent and competent investigation will take place to cast light upon the circumstances leading to the death of Dharmendra Barai. If the allegations of torture are believed to be well-founded, those found to have inflicted torture on the boy must be properly prosecuted and relieved from duty and the victim’s family must receive appropriate compensation.
I am looking forward to your intervention in this matter.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Rabindra Pratap Shah
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. Mr. Mukti Narayan Pradhan
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan
Lalitpur (Kathmandu)
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
E-mail: hrcell@nepalpolice.gov.np
5. Mr. Bijaya Kumar Gachchhadar
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
6. Baburam Bhattarai
Prime Minister
Office of the Prime Minister
Singh Darbar
Kathmandu
NEPAL
FAX: + 977 1 4211 086
E-mail: info@opmcm.gov.np
7. Mr. Danbahadur Kurmi Chaudhari
Minister for Women, Children and Social Welfare
Singha Durbar, Kathmandu
NEPAL
Fax: +977 1 4241516
Tel: +977 1 4241728/4241551
E-mail: info@mowcsw.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
