NEPAL: A man arbitrarily detained and tortured by the Kanchanpur district police office 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary detention and torture of a man by the Kanchanpur district police office. Tek Raj Bhatta ran away from his home with his wife, as her family did not approve of their marriage. His father-in-law demanded that they return to their home town. When they did so, Tek Raj Bhatta was taken into custody and detained for 21 days in which time he was tortured. It is to be noted that his father-in-law has relatives working within the police force.

The victim’s father filed a torture compensation case on behalf of his son against the members of the Kanchanpur DPO. He has done this in the district court of Kanchanpur with the help of Advocacy Forum, Kanchanpur. However, on the same day that the case was lodged, Tek Raj Bhatta’s lawyer, Mr. Tirtha Raj Panta, a staff member of Advocacy Forum’s Kanchanpur branch office, was threatened by a police officer from the Kanchanpur district police office. As a result of this, and a further threat having been made against him regarding another incident, the AHRC is gravely concerned for his wellbeing. That a human rights lawyer is threatened merely for protecting those who have had crimes committed against them is entirely unacceptable and requires intervention by authorities without delay.

We therefore call on you to write to those authorities. Please request them to take measures to ensure that Tek Raj Bhatta’s allegations of arbitrary detention and torture are investigated into. If it is found that they are true, immediate legal action must be taken against those allegedly responsible. The investigation should also inquire into the threats made against Tirtha Raj Panta and again, legal action must be taken against those deemed to have committed this crime.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Tek Raj Bhatta and his wife ran away together from their parents’ house on 25 October 2005 against the will of the latter’s family. Her father, Uma Kanta Joshi, demanded the groom’s father, Permananda Bhatta, produce the couple before him immediately. Perhmananda managed to convince the couple to return to Kanchanpur. On the day they returned, 31 October 2005, the groom was taken to the Kanchanpur District Police Office (DPO) and detained illegally, while the bride was returned to her parent’s home.

It is to be noted that Uma Kanta’s relatives work within the police force and he is said to have a good relationship with them.

Tek Raj was detained in the custody of the Kanchanpur DPO for 21 days, during which time he was tortured. Police members at the station, including the Superintendent of Police, the Deputy Superintendent of Police, the Inspectors and Sub-Inspectors, spat on Tek Raj and verbally abused him. They also mentally tortured him by threatening to accuse him of being a Maoist and therefore they would be able to charge him.

As a result of his treatment during detention, Tek Raj became physically and mentally ill. He was taken to the Mahakali Zonal Hospital on 20 November 2005. The doctor referred him to a better facilitated hospital, stating that his case was serious. Owing to his physical and mental state, the police handed Tek Raj over to his father on 21 November 2005. His father then took him to Lakhnow in India for further and proper medical treatment.

Permananda has since filed a torture compensation case on behalf of his son against the members of the Kanchanpur DPO. He has done this in the district court of Kanchanpur with the help of Advocacy Forum, Kanchanpur. The DPO received the court’s summon on 15 January 2006.

Of further disturbing news is that Tek Raj’s lawyer, Mr. Tirtha Raj Panta, a staff member of Advocacy Forum’s Kanchanpur branch office, was on 15 January 2006 threatened by a police officer from the Kanchanpur DPO (to see further details of this case please refer to UA-027-2006). On the very same day that the court’s summon was issued, Tirtha Raj was threatened by Sub-Inspector Sher Singh Karki who approached another Advocacy Forum staff member and told them to relay a message to Tirtha Raj Panta that he “we will not leave him. He is not safe anymore. His luck is not in favour of him. We will welcome him with the music (which means that they will take harsh physical action against him). We will charge him for drinking alcohol and destroying public property, and will lock him up in the custody.” Two days later the Sub-inspector again confronted the staff member and said “I had sent the mobile team to arrest Tirtha Raj Panta, but they could not find him. I think he must have run away. He has filed a false case against me. I have been working for the last 30 years in the police.” When the Forum staff member asked him if the Superintendent of Police and the Deputy Superintendent of Police had ordered him to send the mobile team to arrest Tirtha Raj Panta, he replied that he alone had the authority to take such action. He then warned the staff member not to come to the aid of Tirtha Raj Panta, otherwise they and Advocacy Forum would be defamed.

Tirtha Raj Panta, his colleagues and the AHRC take these threats very seriously, and believe that the Sub-Inspector’s words reflect the attitude and possible action of the DPO. There is grave concern that the police will not necessarily arrest Tirtha Raj Panta in public, but may rather take his life and report it as an accident.

Not only do these threats post a great danger to Tirtha Raj’s life, but they demonstrate the high possibility of similar threats being made against Tek Raj and his family, should they choose to pursue the torture compensation case. If threats are made against them and they are intimidated into withdrawing their case, then justice will not be served and the police will walk free from their crimes.

In a further threat made against Tirtha Raj Panta, a park ranger accused of torturing and illegally detaining a man, and who a case has been filed against with the aid of Tirtha Raj Panta, has made serious threats against the lawyer saying that he would kill him and his client if he chooses to (to see further details of this case please refer to UA-028-2006).

SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their urgent intervention in ensuring the safety of the victim and in seeking legal action against those police officers who tortured him while in their custody. The investigation should also enquire into the role Uma Kanta Joshi played in the victim’s detention and subsequent torture. Further, an investigation should be conducted into the threats made against human rights defender Tirtha Raj Panta.

 

 

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