NEPAL: Four men arbitrarily detained and suspected of being seriously tortured

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-13-2004
ISSUES: Arbitrary arrest & detention, Judicial system, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that four individuals were arbitrarily arrested on 1 February 2004 by the security forces in Bajura (west part), Nepal, and are suspected of being seriously tortured while in custody.

The four individuals, Messrs. Tula Thapa, Rajendra Adhikary, Ram Bhadur Rana and Man Bahadur Shah are being detained in the Martadi District Police Office, and have not been allowed access to their lawyers or families. This is a clear violation of their rights under international law. Your urgent action to pressure the Government of Nepal to ensure they are not being tortured and to release them unconditionally is needed.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Names of victims:

Mr. Tula Thapa (36 years old) from Bramhatola VDC-1,

Rajendra Adhikary (30 years old) and Ram Bhadur Rana (30 years old) from Bramhatola VDC-7,

Man Bahadur Shah (52 years old) from Bramhatola VDC -6.

Place of detention: District Police Office, Martadi

Ram Bahadur Rana and Tula Thapa were arrested from the headquarter Martadi, and Rajendra Adhikary and Man Bahadur Shah were arrested from their village by a group of security forces who were on patrol.

It is allegedly reported that Rajendra Adhikary and Ram Bahadur Rana were arrested on the charge that they supported to buy the rice looted by Maoists from the Food for Work Programme. However, the reasons for the arrest of Tula Thapa and Man Bahadur Shah remain unknown.

All four of them are currently being held at the Martadi District Police Office. They have not been allowed to visit their lawyers and visitors. Nor have they been produced before any court. It is reported that they are being seriously tortured while in police custody.

Mr. Tula Thapa who is a teacher by profession in Pashupati Secondary School and a treasurer of the Nepal Teacher’s Organisation of District Chapter (UML’s wing), was also abducted by the Maoists in October and detained for a week, before being released.

It has also been reported that Mr. Sudeep Acharya, the Deputy Superintendent of Police of the Martadi District Police Office, threatens people to pay him ‘protection money’. One of the officers said that Mr. Acharya threatened him to pay the monthly fifty thousand rupees if he wanted to be ‘protected’. When the officer refused to pay as he was not authorized to do so and could not afford to do so, he was told to take the responsibility of his protection by himself, and further threatened that: �police will remain police in the day time but will be the Maoist in the night�.

SUGGESTED ACTION:
Please send a letter, fax or email to the Nepalese government expressing your concern about this situation.

1. Surya Bahadur Thapa, 
Prime Minister 
Prime Minister’s Office 
Singha Durbar, Kathmandu, 
NEPAL
Fax: + 977 1 4 227 286

2. Gyanendra Raj Rai 
Deputy Inspector General of Police, Head, APF 
Human Rights Cell, Armed Police Force (APF) 
Halchowk, Swayambhu, 
Kathmandu, 
NEPAL
Fax: + 977 1 4 411 384

3. Shyam Bhakta Thapa 
Inspector General of Police 
Police Headquarters, 
Naxal, Kathmandu, 
NEPAL
Fax: + 977 1 4 415 593 / 415 594

4. H. E. Gyan Chandra Acharya 
Ambassador 
Permanent Mission of the Kingdom of Nepal 
81 rue de la Servette, 
1201 Geneva, 
SWITZERLAND
Fax: +4122 7332722 
E-mail: mission.nepal@ties.itu.int

5. Mr. Narayan Sharma Acharya

DIG

Farwestern Police Headquater

Dipayal, Nepal

Phone: 977 94 54 oo 99

6. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

7. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear

Re: Four men arbitrarily detained and suspected of serious torture

I am writing to protest the arbitrary arrest and suspected torture of four men in Bajura, Nepal.

According to information received, Messrs. Tula Thapa, Rajendra Adhikary, Ram Bhadur Rana and Man Bahadur Shah are being detained in the Martadi District Police Office of Bajura, and have not been allowed access to their lawyers or families. They were arbitrarily arrested on 1 February 2004 by security forces and are suspected of being seriously tortured while in custody.

Two of the men were allegedly arrested for buying rice looted by Maoists from the Food for Work Program, while the other two, Tula Thapa and Man Bahadur Shah have been arrested for unknown reasons.

This case is merely another illustration of the complete failure of rule of law in Nepal. The Government of Nepal must undertake its international obligations ensuring the prevention and punishment of torture, as well as protection against arbitrary arrest and detention for its citizens. The four men should be released immediately, and an investigation must be initiated discerning whether or not they have been tortured. The perpetrators must be punished.

Yours truly,

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Urgent Appeals Program

Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-13-2004
Countries : Nepal,
Issues : Arbitrary arrest & detention, Judicial system, Rule of law, Torture,