Dear friends,
The Asian Human Rights Commission (AHRC) has been informed by its local partner, The Advocacy Forum, of a case regarding the brutal torture of Mr. Teksu Rai by the officers from the Maharajgunj Ward police station. It is alleged that Rai had refused to pay off police officers when they demanded a monthly bribe of Rs. 20,000 [$ 263 USD]. Rai was taken into custody and brutally tortured by the officers at the Maharajgunj Ward police station in front of his son. Rai was admitted to Bir Hospital where he was later forcefully taken back to the police station and subsequently released. The AHRC has received pictures showing the state of Rai soon after the incident. [Picture1 & Picture 2]
Rai runs a local restaurant named the Rock Bar Restaurant at Gangabu, Katmandu, which is under the jurisdiction of the Maharajgunj Ward police station. In mid-April the Inspector of Police Mr. Bishow Ram Khadka had called all businessmen within his jurisdiction to his police station and informed them that they must pay a monthly fixed sum of protection money to the officers.
Various amounts were fixed for different businesses and Rai was ordered to pay Rs. 20,000 for his small restaurant. In order to prevent trouble, some people agreed to pay the monthly protection fees while Rai stood firm and refused. Rais business is very small from which it would have proved very difficult for him to raise the money demanded by the officer. When Rai refused to pay the money, the officer threatened that he would close down Rais business. Soon the officer started sending in constables to Rais restaurant asking him to pay the money. Rai continued to refuse and foisted the constables off each time.
On 30 June 2006 at about 9.45pm, the Inspector of Police Mr. Bishow Ram Khadka along with a few other constables from the Maharajgunj Ward police station barged into Rais restaurant and took Rai and his friend Mr. Prem Lama into custody. The police officers acted viciously kicking Rai before throwing him into the police van. On arriving at the Maharajgunj Ward police station, Rai was beaten repeatedly with an iron rod until 2:00am the next day. Rais son witnessed the incident as he went to the station after hearing of his fathers arrest.
While beating Rai, the officers asked why he had failed to oblige the orders of the police. The Inspector shouted at Rai: Why did you not come when I called for you? Are you above the police? Dont you know that I am the relative of Khum Bahadur Khadka? [Khum Bahadur Khadka is the former Home Minister] and so on. The police officers pounded Rai continuously to a point where he collapsed and had to be taken to hospital. Rai was admitted to Bir hospital for basic treatment and before he could recover, he was once again taken back to the police station for further torture. He was later released from custody and no charges were pressed against him.
OTHER RELEVANT FACTS:
Nepal has ratified the UN Convention against Torture, incorporating it into its domestic law under the Torture Compensation Act 2053 B.S (1996). However the application of this law is limited. The domestic law neither criminalises acts of torture nor does it prescribe means for its punishment. The maximum amount of compensation that could be awarded in a case of custodial torture is Rs. 100,000 [USD 1315] and forms the only possible means for redress for grievances of a victim. Even if a case is able to be filed under this act the victim must still appoint a personal attorney to prosecute the case, whereas the perpetrators are entitled to services of State Attorneys. What is more is that law provides for compensation be paid by the State and not by the perpetrators.
As of today there is no law in Nepal that provides for witness protection. In all cases where the alleged perpetrators are from the armed forces or the police, the victims and witnesses are at the mercy of human rights groups or are exposed to further reparation or acts of intimidation from these officers. Based on these premises of domestic legislation coupled with the unenforceability of law in the country there can be no deterrent value of these grave human rights violations.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below and urge them to launch an immediate and thorough investigation into this case and take action to arrest and prosecute the alleged perpetrators. Please also urge them to suspend the concerned officers or transfer them to another region for the security of the victims while the investigation is going on, and provide adequate compensation to the victims.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Restaurant owner brutally tortured by the Maharajgunj Ward policefor refusing to pay protection money
Name of the victim: Mr. Teksu Rai, aged 33 years, resident of Mahabarat Village Development Council – 8, Dhankutta district, Nepal [temporarily residing at Dhapasi Village Development Council 7, Katmandu district]
Date and place of the incident: 30 June 2006 at Maharajgunj Ward police station, Katmandu
Alleged perpetrators: Police officers under the command of Inspector Mr. Bishow Ram Khadka of the Maharajgunj Ward police station
I was appalled to learn about the inhuman torture and ill-treatment of a restaurant owner Mr. Rai, following his refusal to pay protection money to the Maharajgunj Ward Police. The incident happened on 30 June 2006 at the Maharajgunj Ward police station.
Rai runs a local restaurant named the Rock Bar Restaurant at Gangabu, Katmandu, which is under the jurisdiction of the Maharajgunj Ward police station. In mid-April the Inspector of Police Mr. Bishow Ram Khadka had called all businessmen within his jurisdiction to his police station and informed them that they needed to pay a monthly fixed sum of protection money to the officers.
Various amounts were fixed for different businesses and Rai was ordered to pay Rs. 20,000 for his small restaurant. Rai ran a very small business from which it would have proved very difficult for him to raise the money demanded by the officer. When Rai refused to pay the money, the officer threatened that he would close down Rais business. Soon the officer started sending in constables to Rais restaurant asking him to pay the money. Rai continued to refuse and foisted the constables off each time.
It is alleged that on 30 June 2006 at about 9.45pm, the Inspector of Police Mr. Bishow Ram Khadka along with a few other constables from the Maharajgunj Ward police station barged into Rais restaurant and took Rai and his friend Prem Lama into custody. The police officers acted viciously kicking Rai before throwing him into the police van. On arriving at the station Rai was beaten repeatedly with an iron rod until 2:00am the next day. Rais son witnessed the incident as he went to the station after hearing of his fathers arrest.
At the police station, Rai was asked why he refused to pay the police officers and he was informed that the beating was to teach him a lesson. The police inspector posed further threats by revealing his identity as a relative of the former Home Minister Mr. Khum Bahadur Khadka.
The police officers pounded Rai continuously to a point where he collapsed and had to be taken to the hospital. Rai was admitted to Bir hospital for basic treatment and before he could recover, he was once again taken back to the police station for further torture. He was later released from custody and no charges were pressed against him.
It is alleged that the local police are refusing to register any case against the police officers who tortured Rai. It is unfortunate that the domestic law in Nepal, the Torture Compensation Act 2053 B.S (1996), is not good enough to prosecute an officer for committing torture. Torture is yet to be made a crime in Nepal, though Nepal has ratified the UN Convention against Torture.
I am informed that discussions are in progress in Nepal for a complete restructuring of the domestic legal framework. In this context, I urge you to take appropriate actions through your office to pressure the Government of Nepal to consider criminalising torture and also to provide for the strict and adequate punishment of torture.
I am also concerned about the near to complete failure of law and order in Nepal in recent weeks, of which this case is an example. I therefore urge you to take appropriate and immediate actions through your office to prevent the further breakdown of the rule of law in Nepal. I further urge you to ensure that an investigation is ordered into Rais case and that the police officers responsible for torturing Rai are punished. I also request that you take appropriate actions so that the perpetrators are made to pay adequate compensation to Rai for the injuries he sustained in the incident.
I trust that your intervention will be forthcoming
Yours sincerely,
—————–
SEND YOUR LETTERS TO:
1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com
3. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org
4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593
Email: arghakhanchi@nepalpolice.gov.np
5. Mr. Thule Rai
Deputy Superintend of Police
Officer in Charge for the Human Rights Cell for Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 415594
Email: hrcell@nepalpolice.gov.np
6. The Human Rights Officer
OHCHR Central Office
Chhauni Museum Road, Katmandu
NEPAL
Fax: +977 1 4670712
E-mail: registry.ohchr@undp.org
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org / tb-petitions@ohchr.org
8. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
