Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of police torture of Gyan Bahadur Balami (Gyanu) and Makar Bahadur Gharti Magar (Iman) and of the police torture and sexual abuse of Hermin Ratu Lama following their arrest under charges of drug smuggling and robbery on 31 October and 1 November. According to the updated information we have received, Gyan Bahadur Balami has been repeatedly receiving death threats and has been tortured and ill-treated several times by police officers. The AHRC is gravely concerned by the severity of the treatment he is suffering and the threats and demands he is receiving. Measures must be taken immediately to ensure the victim’s safety. Moreover, both Gyan Bahadur Balami and Makar Bahadur Gharti Magar have been made to pay for their medical checkups. The AHRC is concerned to hear that the appropriate medication and treatment have still not been provided to the victims.
UPDATED INFORMATION:
In the urgent appeal UAC-174-2010 the AHRC reported the case of serious and repeated torture inflicted on Gyan Bahadur Balami (Gyanu) and Makar Bahadur Gharti Magar (Iman) and of torture and sexual violence inflicted on Hermin Ratu Lama by a police team from the Metropolitan Police Crime Division (MPCD), Hanumandhoka police station and expressed its concern that the victims remained in the custody of their alleged torturers being therefore vulnerable to further abuses.
According to the updated information we have received, Gyan Bahadur Balami has repeatedly been ill-treated and forced to sign papers and confessions related to other crimes. We have been informed that on 26 November 2010, Inspector Bhism Humagai allegedly slapped him once on his cheek; kicked his left knee that had previously been broken twice and proffered death threats against him. According to the information we have received, the police has charged Gyan Bahadur Balami in four other cases and on 29 November Sub Inspector Yadav and Sub Inspector Madhav Khanal threatened him to sign a statement accusing him of having stolen more than Rs. 20 million.
According to the updated information we have received, on 7 December 2010, only 10 minutes after a team of human rights defenders had visited the victims, Gyan Bahadur Balami was taken to the Litigation Section of the District Police Office (DPO), Kathmandu. A man and a woman were present here and accused him of having robbed their house. Although Gyan Bahadur Balami argued that on the day the robbery had been committed, he was recovering from a motorcycle accident in which his right leg had been broken and had to stay in bed, the police forced him to sign an identification paper. As Gyanu refused to sign the paper, an inspector whose name is unknown reportedly caught his hair, pushed his head against the wall; punched six times on his right cheek and kicked his right knee. As a result of this ill treatment Gyanu suffered wounds to his mouth and knee. The inspector then reportedly forced him to sign the identification paper and to put his thumb stamp on it. It is further alleged that the inspector threatened Gyanu that he would shoot him the day after when he would be taken to court to be remanded.
We have also received information that Makar Bahadur Gharti Magar (Iman), in dire need of medical treatment following the torture he was inflicted has repeatedly been denied this treatment. In our previous urgent appeal we mentioned that in the aftermath of torture, Iman was suffering from pain in his forehead, temple, left cheek, molar and fingers and from a burning sensation on his soles and ankles. On 5 December 2010, he was taken to Bir Hospital for his physical and mental checkup and was reportedly asked to pay the doctor’s fee and taxi fare. The doctor advised him to have one of his teeth removed as it was badly damaged. The doctor further referred him to the orthopedic section as his little right toe was also injured. Nevertheless, the police have failed to provide him with the appropriate medication and as of 10 December 2010 had cited financial problems as a reason for not taking him to the hospital to receive his treatment.
Similarly, Gyan Bahadur Balami who has been suffering from hearing loss as a result of the severe torture inflicted on him was made to pay the doctor’s fees. He is supposed to receive a medical check-up of his left ear on 21 December.
On December 8, 2010 Gyan Bahadur Balami, Makar Bahadur Gharti Magar, Hermin Ratu Lama and Karma Gurung were remanded for 10 days under drug smuggling and robbery charge.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for the impartial investigation of this case, immediate protection and medical treatment for the victims and their transfer to another place of detention.
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: Torture victims face further death threats and ill-treatment and are not provided with medical treatment
Name of victims:
1. Gyan Bahadur Balami (Gyanu), 36 year old, permanent resident of Burtibang – 6, 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
Place of incident: District Police Office, Kathmandu.
I am writing to voice my deep concern regarding the updated information I received in relation to the torture case of Gyan Bahadur Balami; Hermin Ratu Lama and Makar Bahadur Gharti Magar (Iman).You have previously been informed that those three victims arrested on 31 October and 1 November under drug smuggling and robbery charges by a team of police officers belonging to the Metropolitan Police Crime Division (MPCD), Hanumandhoka police station under the command of Police Inspector Bhism Humagai had repeatedly been subjected to torture since their arrest. Hermin Ratu was further victim of sexual abuse from the police officers. Since that time, the victims have remained under the custody of the same police team which had allegedly tortured them, being therefore vulnerable to further abuses.
On December 8, 2010 Gyan Bahadur Balami, Makar Bahadur Gharti Magar, Hermin Ratu Lama and Karma Gurung were remanded for 10 days under drug smuggling and robbery charge.
According to the updated information I have received, while in police custody Gyan Bahadur Balami has repeatedly been ill-treated and forced to sign papers and confessions related to other crimes. I am told that on 7 December 2010, only 10 minutes after a team of human rights defenders had visited the victims, Gyan Bahadur Balami was taken to the Litigation Section of the District Police Office (DPO), Kathmandu. A man and a woman were present here and accused him of having robbed their house. I am informed that although Gyan Bahadur Balami argued that on the day the robbery had been committed, he was recovering from a motorcycle accident in which his right leg had been broken and had to stay in bed, the police forced him to sign an identification paper. As Gyanu refused to sign the paper, I am told that an inspector whose name is unknown reportedly caught his hair, pushed his head against the wall; punched six times on his right cheek and kicked his right knee. In the aftermath, Gyanu suffered wounds to his mouth and right knee. The inspector then reportedly forced him to sign the identification paper and to put his thumb stamp on it. It is further alleged that the inspector threatened Gyanu that he would shoot him the day after when he would be taken to court to be remanded.
I also know that Makar Bahadur Gharti Magar (Iman), in dire need of medical treatment following the torture he was inflicted, has repeatedly been denied this treatment. I know that in the aftermath of torture, Iman was suffering from pain in his forehead, temple, left cheek, molar and fingers and from a burning sensation on his soles and ankles. On 5 December 2010, he was taken to Bir Hospital for his physical and mental checkup and I am appalled to hear that he was reportedly asked to pay the doctor’s fee and taxi fare. The doctor advised him to have one of his teeth removed as it was badly damaged and further referred him to the orthopedic section as his little right toe was also injured. Nevertheless, the police have failed to provide him with the appropriate medication and as of 10 December 2010 had cited financial problems as a reason for not taking him to the hospital to receive his treatment.
Similarly, Gyan Bahadur Balami who has been suffering from hearing loss as a result of the severe torture inflicted on him was made to pay the doctor’s fees. He is supposed to receive a medical check-up of his left ear on 21 December.
I therefore call you to immediately ensure that the victims will be provided with free, immediate and appropriate medical treatment. Further, I wish to voice my concern regarding the seriousness of the repeated death threats that Gyan Bahadur Balami has been receiving regarding the repeated torture and ill-treatment that he has been inflicted while in police custody. I therefore call upon you to take measures to guarantee the protection of the victims.
Further; the allegations of torture, sexual abuse and death threats must be immediately investigated and the alleged perpetrators properly prosecuted by a judicial authority and immediately suspended from their duties during the course of the investigation.
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)
