NEPAL: Continuing impunity for policemen that tortured a school teacher

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the continuing failure by the authorities to take adequate action against the policemen involved in torturing a school teacher following his arrest on August 23, 2007. The victim, Siya Ram Gachaedar, was taken for questioning to Haraicha Area Police Station (APO), Haraich VDC-1 in Morang district, where he was beaten with a bamboo stick on the head and with rifles butts all over his body. He was then transferred to the Belbari APO, where the torture continued. His arms were tied, he was blindfolded and water was poured on his head while he was being beaten.

CASE DETAILS:

At around 11:00 a.m. on August 23, 2007, Siya Ram Gachaedar was arrested in Kala Banjar Chowk, Banigama VDC-6, Morang district, by police sub inspector (SI) Jiwan Bogati and members of his team, which is attached to the Haraicha Area Police Station (APO), Haraich VDC-1. As he was loaded into a police van the victim noted that his school principal, Kagat Lal Chaudhary, with whom he had disagreements, was also there. The police took the victim to the Haraicha APO, where they allegedly started beating and torturing him.

It is suspected that Kagat Lal may be responsible for arranging Siya Ram’s arrest, as Siya Ram and other persons had protested against the principal’s actions during the recruitment of a teacher on May 31, 2007, during which Siya Ram also had a dispute with SI Bogati.

When Siya Ram was taken into custody at the Haraicha APO, SI Bogati reportedly threatened him and started hitting the victim’s head with a bamboo stick. As a result, he fell down to the ground, at which time police constables Ganesh Khadka, Kishor Rayamaji and another unnamed policeman, took part in beating him in the face, chest, back and abdomen with their rifles butts and kicking him for some ten minutes. They then told him: ‘don’t you know who the police are?’ and ordered him to stand before taking him outside to a police van waiting outside. They then transported him to another police station, the Belbari APO, where the same policemen resumed torturing him. School principal Kagat Lal was also reportedly seen being transported in the same vehicle as the victim.

Before they arrived the Belbari APO, SI Bogati threatened words Siya Ram, telling him: ‘we are the persons who fought with [the] Maoists and I can shoot you dead’.  He also told his colleagues: ‘we have to hang him to death from the Khorsane Bridge’ and when he was told by the driver that they had already passed the bridge, he is reported as saying that: ‘he must be killed by using electric shocks.’

Soon after they arrived at the police station, police constable Kishor Rayamaji took off the victim’s shirt, blindfolded him and tied his hands with plastic rope. SI Bogati then ordered him to sit down and they started pouring water on his head while beating him with sticks all over his body. He begged for them to stop beating him as he couldn’t breathe, but was ignored. When the stick they were using was broken, they kicked him and hit him with the butts of their rifles for a few minutes.

Siya Ram was later taken to see Belabari APO’s Police Inspector Mahendra Bahadur Thapa, where he described how the policemen had arrested and subsequently tortured him. Siya Ram was then taken for a medical examination to the Belbari Health Post, Morang district. At the health post, the doctors gave him injections and stitches to an injury to his head. However, Siya Ram had to pay the medical expenses himself.

Siya Ram was released the same day of his arrest after his relatives and some locals gathered at the Haraicha APO and others spoke to the policemen in the Belbari APO demanding his release. He was taken back to the Haraicha APO from where he was released.

On August 24, he was taken to the Birat Nursing Home, Biratnagar, by the District Police Office (DPO) in Morang for medical treatment. He was discharged the following day. Later that day – August 25 – the DPO in Morang called a meeting that Siya Ram, SI Bogati and some locals attended, during which SI Bogati apologized to Siya Ram for his wrongdoings. The DPO gave assurances that departmental action would be taken against SI Bogati. He is reportedly no longer attached to the APO Haraicha following the incident. According to the Nepal Police Human Rights Cell (HR Cell), SI Jiwan Kumar Bogati has been reprimanded and four other constables have received formal written warning letters. Given the severity of the beatings and the use of torture in this case, this punishment is derisory and in no way complies with Nepal’s obligations under the United Nations Convention against Torture. It is surprising to find that the HR-Cell can consider reprimands sufficient punishment concerning torture. This failure to punish the perpetrators of torture points to the pervasive climate of impunity and the critical need for a law criminalizing torture in the country, without which torture will continue to be perpetrated endemically without being punished.

Siya Ram is presently recuperating at home while receiving treatment. The bruises and cuts he suffered are still visible over his body, particularly on his shoulders, back, face, chest and legs.

The AHRC has communicated this case to the United Nations Special Rapporteur on Torture and other relevant actors calling for their intervention in this case.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them to investigate and take prompt action concerning the alleged torture of Siya Ram Gachaedar. Appropriate charges must immediately be filed against those responsible and they must be promptly tried in line with international standards. Siya Ram Gachaedar must be provided with immediate medical assistance and adequate reparation for all injuries and trauma suffered.

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