Dear friends,
The Asian Human Rights Commission (AHRC) has received disturbing information from a reliable source regarding the repeated psychological and physical torture of Ms. Meena Gharti Magar by police at the Area Police Office in Tulsipur and by Teke Kumar, the sub-inspector of Tulsipur prison. As a result of the torture, Ms. Magar decided to commit suicide and on 26 February 2006 committed self-immolation by setting herself on fire. She is currently under the medical supervision of doctors at Veri Zonal Hospital in Nepalgunj but is still being watched by police.
Ms. Magar, a resident of Khumel VDC-6 in Rolpa, endured repeated instances of physical and sexual abuse by police at the Area Police Office in Tulsipur and by Teke Kumar, the sub-inspector of Tulsipur prison. In May 2005, she gave a speech at a programme organised by Janamukti Sena (the People’s Liberation Army) in Fulbari VDC in the Dang district. As the district in charge of the All Nepal Free Student Union-Revolutionary, she had travelled from Pyuthan to take part in the programme. In the middle of her speech, security forces surrounded the programme venue and started firing. They proceeded to arrest her, verbally abuse her, and accuse her of having sexual relations with multiple men.
The security forces then took her to the Tulsipur Airport and kept her there for three days. From there they took her to No. 19 Bahini, an army barrack in Tulsipur, where she was detained for five additional days. During this time she was both physically and verbally assaulted.
Ms. Magar was then taken to the Area Police Office in Tulsipur where she surrendered and was forced to work within the Crime and Investigation Department. Although the police personnel found her a place to stay nearby and they paid her the monthly salary of regular police personnel, she was required to always be at the service of the police officers as an informant. Taking Ms Magar out at night to places she did not recognise, the police constantly probed her for information regarding the whereabouts of Maoist activity. For a period of three months the police took her on searches for Maoist hide-outs and other venues of organised activity.
After six months under Tulsipur police custody, security forces claimed that she was of no use to them as she did not cooperate with them in their searches for Maoist hide-outs. Consequently, they took Ms. Magar to No. 19 Bahini Tulsipur where she was severely tortured. She was handcuffed and her legs were tied. The security officials then beat the soles of her feet as well as her thighs, hit her head against the wall, and forced their shoes into her mouth. She was detained here for about 12 days. Ms. Magar was given a detention order and sent to Tulsipur Prison.
The abuse by officials continued in Tulsipur Prison where she was made the women’s leader. A sub-inspector of the prison, Teke Kumar, regularly abused Ms. Magar as well as other female prisoners. They were locked in a room where they kept blue films. The regularity of the psychological and physical abuse became so intolerable that Ms. Magar decided to commit suicide. On 26 February 2006, she took a kerosene stove to the toilet and poured kerosene on herself and set herself on fire. She does not remember how the fire was extinguished.
As there were police guarding her during the interview, it was difficult to go into details about the specifics of the torture and treatment in the different detention centres. Our sources tell us that she was pregnant when she was brought to the Veri Zonal Hospital, but her medical situation was so critical that the doctors aborted the child.
SUGGESTED ACTION:
Please write to the relevant authorities listed below to ensure that such extreme instances of political intolerance and the use of torture are immediately halted. There should be an urgent intervention by authorities in seeking legal action against those officers who tortured Ms. Magar while in their custody. The investigation should also enquire into Teke Kumar’s regular abuse of female prisoners in Tulsipur Prison.
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SAMPLE LETTER
Dear __________,
NEPAL: Seventeen-year-old girl attempts self-immolation after repeated instances of torture by Tulsipur police and prison officials
Name of victim:
1. Ms. Meena Gharti Magar, 17-years-old, district in charge of the All Nepal Free Student Union-Revolutionary, resident of Khumel VDC-6 in Rolpa
Name of alleged perpetrators:
1. Police officers at the Area Police Office, Tulsipur
2. Teke Kumar, sub-inspector of Tulsipur Prison
Dates of incidents: May 2005 26 February 2006
Places of incidents:
1. Fulbari VDC in Dang district
2. Tulsipur Airport
3. No. 19 Bahini (army barrack) Tulsipur
4. Area Police Office, Tulsipur
5. Tulsipur Prison
I am deeply disturbed to learn about the repeated psychological and physical torture of Ms. Meena Gharti Magar by police at the Area Police Office in Tulsipur and by Teke Kumar, the sub-inspector of Tulsipur prison. As a result of the torture, Ms. Magar decided to commit suicide and on 26 February 2006 committed self-immolation. She is currently under the medical supervision of doctors at Veri Zonal Hospital in Nepalgunj but is still being watched by police.
Ms. Magar endured repeated instances of physical and sexual abuse by police at the Area Police Office in Tulsipur and by Teke Kumar, the sub-inspector of Tulsipur prison. In May 2005, she gave a speech at a programme organised by Janamukti Sena (the People's Liberation Army) in Fulbari VDC in the Dang district. As the district in charge of the All Nepal Free Student Union-Revolutionary, she had travelled from Pyuthan to take part in the programme. In the middle of her speech, security forces surrounded the programme venue and started firing. They proceeded to arrest her, verbally abuse her and accuse her of having sexual relations with multiple men.
The security forces then took her to the Tulsipur Airport and kept her there for three days. From there they took her to No. 19 Bahini, an army barrack in Tulsipur, where she was detained for five more days. During this time she was both physically and verbally assaulted.
Ms. Magar was then taken to the Area Police Office in Tulsipur where she surrendered and was forced to work within the Crime and Investigation Department. Taking Ms Magar out at night to places she did not recognise, the police constantly probed her for information regarding the whereabouts of Maoist activity.
After six months under Tulsipur police custody, security forces claimed that she was of no use to them as she did not cooperate with them in their searches for Maoist hide-outs. Consequently, they took Ms. Magar to No. 19 Bahini Tulsipur where she was severely tortured. She was detained here for about 12 days. Ms. Magar was given a detention order and sent to Tulsipur Prison
The abuse by officials continued in Tulsipur Prison. A sub-inspector of the prison, Teke Kumar, regularly abused Ms. Magar as well as other female prisoners. The regularity of the psychological and physical abuse became so intolerable that Ms. Magar decided to commit suicide. On 26 February 2006, she took a kerosene stove to the toilet and poured kerosene on herself and set herself on fire. She does not remember how the fire was extinguished.
I am aware that she was pregnant when she was brought to the Veri Zonal Hospital, but her medical situation was so critical that the doctors aborted the child.
In light of the above, I urge you to order an immediate and thorough investigation into this case and seek legal action against those officers who tortured Ms. Magar while in their custody. The investigation should also enquire into Teke Kumar's regular abuse of female prisoners in Tulsipur Prison. I also request that you ensure that such extreme instances of political intolerance and the use of torture are immediately halted.
As a state party to the UN Convention Against Torture (CAT), the Government of Nepal has an international obligation to take strong action against those responsible. It should also ensure that urgent and efficient protection measures are provided to the victim so that she can pursue the case and gain justice. Finally, immediate steps must also be taken to provide proper medical treatment to the victim.
Yours sincerely,
--------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: +977 1 5524 366 or 5523 200
Fax: +977 1 5523 991 or 5523 986
Email: hrinfounit@undp.org
2. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955
3. Laxmi Bahadur Nirala
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np
4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np
5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
6. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
