Dear friends,
The Asian Human Rights Commission (AHRC) has received information from reliable sources regarding three cases of torture allegedly committed in the Kohalpur Area Police Office (APO) in Banke District during August and September 2007. In one case, a person was tortured and forced to drink urine. In the other two cases, the victims were subjected to beatings and other forms of torture and ill-treatment during detention.
CASE DETAILS:
CASE 1:
Mr. Bikash K.C., an 18-year-old school teacher, was arrested at Bidhayanagar in Kohalpur VDC – 2, Banke District at 2:00 a.m. on September 13, 2007, by a group of policemen from the Area Police Office (APO), Kohalpur, Banke district. Bikash K.C. was living with his relative, Ganeshman Khadka (“Ganeshman”), a Sub Inspector (SI) of the Kohalpur APO, at his home in Kohalpur-2, Banke District.
Earlier that day, 3 or 4 strangers entered the house and attacked Ganeshman with sharp weapons while he was sleeping in his room. Bikash attempted to help him in vain, and the strangers fled the scene, leaving him injured. SI Ganeshman then accused Bikash of calling the boys to attack him, and called the police to arrest him. Following his arrest, he was taken to the Kohalpur APO, where he was allegedly detained illegally for several days, threatened with death and subjected to ill-treatment and torture.
According to the victim, the police provided him with very little and poor quality food during detention. Furthermore, he was reportedly given food mixed with shards of glass and was forced to eat an iron nail covered with paper. He was also forced to stand for long periods of time and subjected to sleep deprivation. Most nights, SI Ganeshman and Assistant Sub-Inspector (ASI) Devi Lal Bohara entered his cell and threatened to shoot him. He was kicked two times every day, and was also beaten with iron rods. He remained handcuffed during detention and was not allowed to meet with any visitors and was even moved to a different cell when persons, including human rights activists, tried to visit him.
The Police Inspector in charge of the APO, Mr. Janak Bahadur Shahi, took no action to prevent the arbitrary detention and torture, even stating it was a private family matter. Bikash was eventually remanded to the District Court, Banke District on September 27 and was charged with attempted murder. However, having been produced in court, he was tortured later the same day by being beaten with iron rods on his buttocks and back, by three policemen, including Mr. Tilak Sharma and Dipendra Khatri, reportedly on the instructions of SI Ganeshman. SI Ganeshman also beat him repeatedly with a baton during this time. When the victim asked for water to drink he was instead forced to drink urine. To date, Bikash remains detained at the APO in Kohalpur, Banke district.
CASE 2:
On August 14, 2007, Krishna Bahadur Thapa worked during the day transporting computers. When he returned home, he learned that the police had been searching for him for stealing computers. He went to the Area Police Office (APO), Kohalpur District, to enquire why the police were looking for him.
When he reached the police office, Police Inspector Janak Bahadur Shahi called him to his office and reportedly began beating him heavily with a stick on his back and thighs before detaining him. On the following day, August 15, Inspector Janak Bahadur was reportedly drunk, and at about 11:00pm, handcuffed Krishna and another detainee, Man Prasad Dahal and forced them to jump like frogs and march up and down the Kohalpur APO’s yard in uncomfortable positions, while handcuffed. When the two refused to obey the Inspector’s instructions, they were beaten with a stick on their thighs and back, and Krishna was forced to drink a full jug of water. On September 11, Krishna was sent to the Banke District Jail, as he was unable to pay the bail that had been set at 532,000 rupees (USD 8,400).
CASE 3:
At around 8:00 p.m. on August 16, 2007, Man Prasad Dahal was arrested from Rajeana 5, Kausaliya Nagar in Banke District by a group of police from the Kohalpur Area Police Office (APO), Banke District, having been charged with a “public offence.”
He was subsequently arrested by a Senior Police Head Constable and a Police Head Constable. Man Prasad’s sister-in-law, Susila Dahal, had called the police, accusing Man Prasad of having stolen 2,000 rupees (USD 31). The police report falsely stated that 25,000 rupees (USD 390) had been stolen. After his arrest, Man Prasad was insulted and beaten by the Senior Police Constable for ten minutes with a 1 metre-long, 3 inches-thick stick. He then was taken to APO Kohalpur.
At around 8:00 p.m. at the Kohalpur APO, Police Inspector Janak Bahadur Shahi, who was reportedly drunk, beat Man Prasad for about twenty minutes with a bamboo stick on his back, calves and hands. This was repeated every day for a week. The Inspector was often drunk and threatened the victim with skinning him alive if he told anyone about the beatings.
After being tortured, Man Prasad coughed up blood and had difficulty breathing for two days. He still suffers pain in his arms, back and chest, and has three 3-inch blue scars on his back. On August 18, Man Prasad was taken to the District Administration Office, Banke District and was remanded in custody for 22 days. He was taken to the Teaching Hospital at Kohalpur, Banke District for treatment, but no medication was given to him. Despite recommendations by a doctor, he was not taken for an x-ray. Man Prasad has now been detained at the District Jail of Banke district since September 10, 2007, as he is unable to make bail set at 14,000 rupees (USD 220).
SUGGESTED ACTION:
Please write to the authorities mentioned below and urge them to immediately intervene into these cases. Due to the ongoing practice of torture in this particular police office and more widely around the country, a special independent unit should be established to thoroughly investigate all abuses committed by State agents. It is also imperative for torture to be criminalized under law, if the perpetrators of such abuses are to be effectively prosecuted and victims are to receive adequate reparation. The AHRC has also sent a separate letter to the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for his intervention into these cases.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Man forced to drink urine and eat glass in Kohalpur police office
Name of victims:
1) Bikash K.C., an 18-year-old school teacher, and permanent resident of Khara VDC -8, Rukum District (at the time of the incident was temporarily residing at Bidhayanagar Kohalpur-2, Banke District)
2) Krishna Bahadur Thapa, a 17-year-old boy, and resident of Kohalpur Village Development Committee -3, Banke District
3) Man Prasad Dahal, a 23-year-old farmer, and permanent resident of Kausila Nagar, Rjhina Village Development -5, Banke District
Name of alleged perpetrators:
1) Sub Inspector Ganeshman Khadka, Assistant Sub-Inspector Devi Lal Bohara, Mr. Tilak Sharma, Dipendra Khatri (CASE 1)
2) Police Inspector Janak Bahadur Shahi (CASE 2)
3) Unidentified Senior Police Constable, Police Inspector Janak Bahadur Shahi (CASE 3)
Date of incident: 1) 26 September 2007 2) 14 August 2007 3) 16 August 2007
Place of incident: Area Police Office (APO), Kohalpur, Banke District
I am writing to voice my deep concern regarding the alleged illegal detention and torture of three persons in the Kohalpur Area Police Office (APO) in Banke district.
One of the victims, 18-year-old Mr. Bikash K.C., was even forced to eat glass and a nail and drink urine. Mr. Bikash K.C., an 18-year-old school teacher, was arrested at Bidhayanagar in Kohalpur VDC – 2, Banke District at 2:00 a.m. on September 13, 2007, by a group of policemen from the Area Police Office (APO), Kohalpur, Banke District. Bikash K.C. was living with his relative, Ganeshman Khadka (“Ganeshman”), a Sub Inspector (SI) of the Kohalpur APO, at his home in Kohalpur-2, Banke District.
Earlier that day, 3 or 4 strangers entered the house and attacked Ganeshman with sharp weapons while he was sleeping in his room. Bikash attempted to help him in vain, and the strangers fled the scene, leaving him injured. SI Ganeshman then accused Bikash of calling the boys to attack him, and called the police to arrest him. Following his arrest, he was taken to the Kohalpur APO, where he was allegedly detained illegally for several days, threatened with death and subjected to ill-treatment and torture.
According to the victim, the police provided him with very little and poor quality food during detention. Furthermore, he was reportedly given food mixed with shards of glass and was forced to eat an iron nail covered with paper. He was also forced to stand for long periods of time and subjected to sleep deprivation. Most nights, SI Ganeshman and Assistant Sub-Inspector (ASI) Devi Lal Bohara entered his cell and threatened to shoot him. He was kicked two times every day, and was also beaten with iron rods. He remained handcuffed during detention and was not allowed to meet with any visitors and was even moved to a different cell when persons, including human rights activists, tried to visit him.
The Police Inspector in charge of the APO, Mr. Janak Bahadur Shahi, took no action to prevent the arbitrary detention and torture, even stating it was a private family matter. Bikash was eventually remanded to the District Court, Banke District on September 27 and was charged with attempted murder. However, having been produced in court, he was tortured later the same day by being beaten with iron rods on his buttocks and back, by three policemen, including Mr. Tilak Sharma and Dipendra Khatri, reportedly on the instructions of SI Ganeshman. SI Ganeshman also beat him repeatedly with a baton during this time. When the victim asked for water to drink he was instead forced to drink urine. To date, Bikash remains detained at the APO in Kohalpur, Banke district.
On August 14, 2007, Krishna Bahadur Thapa worked during the day transporting computers. When he returned home, he learned that the police had been searching for him for stealing computers. He went to the Area Police Office (APO), Kohalpur District, to enquire why the police were looking for him.
When he reached the police office, Police Inspector Janak Bahadur Shahi called him to his office and reportedly began beating him heavily with a stick on his back and thighs before detaining him. On the following day, August 15, Inspector Janak Bahadur was reportedly drunk, and at about 11:00pm, handcuffed Krishna and another detainee, Man Prasad Dahal and forced them to jump like frogs and march up and down the Kohalpur APO’s yard in uncomfortable positions, while handcuffed. When the two refused to obey the Inspector’s instructions, they were beaten with a stick on their thighs and back, and Krishna was forced to drink a full jug of water. On September 11, Krishna was sent to the Banke District Jail, as he was unable to pay the bail that had been set at 532,000 rupees (USD 8,400).
At around 8:00 p.m. on August 16, 2007, Man Prasad Dahal was arrested from Rajeana 5, Kausaliya Nagar in Banke District by a group of police from the Kohalpur Area Police Office (APO), Banke District, having been charged with a “public offence.”
He was subsequently arrested by a Senior Police Head Constable and a Police Head Constable. Man Prasad’s sister-in-law, Susila Dahal, had called the police, accusing Man Prasad of having stolen 2,000 rupees (USD 31). The police report falsely stated that 25,000 rupees (USD 390) had been stolen. After his arrest, Man Prasad was insulted and beaten by the Senior Police Constable for ten minutes with a 1 metre-long, 3 inches-thick stick. He then was taken to APO Kohalpur.
At around 8:00 p.m. at the Kohalpur APO, Police Inspector Janak Bahadur Shahi, who was reportedly drunk, beat Man Prasad for about twenty minutes with a bamboo stick on his back, calves and hands. This was repeated every day for a week. The Inspector was often drunk and threatened the victim with skinning him alive if he told anyone about the beatings.
After being tortured, Man Prasad coughed up blood and had difficulty breathing for two days. He still suffers pain in his arms, back and chest, and has three 3-inch blue scars on his back. On August 18, Man Prasad was taken to the District Administration Office, Banke District and was remanded in custody for 22 days. He was taken to the Teaching Hospital at Kohalpur, Banke District for treatment, but no medication was given to him. Despite recommendations by a doctor, he was not taken for an x-ray. Man Prasad has now been detained at the District Jail of Banke district since September 10, 2007, as he is unable to make bail set at 14,000 rupees (USD 220).
Torture is prohibited under the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Nepal is party, and the Torture Compensation Act of Nepal. However, torture is widely practiced in police detention centers in the country. It has also come to my attention that in March 2007, two adults and five minors were severely tortured by police personnel during detention at the same police station in Kohalpur, Banke district. The failure to punish the perpetrators of torture enables a pervasive climate of impunity. There is a critical need for a law criminalizing torture in the country, without which torture will continue to be perpetrated endemically without being punished.
In light of the above, I urge you to take all necessary steps to ensure that a special, independent unit or body is established to immediately inquire into all torture cases and take necessary measures to bring those responsible before courts and to justice. The ongoing practice of torture by the police at the Area Police Office (APO) Kohalpur, Banke District is of particular concern. I also urge you to take all possible measures to ensure that a law criminalizing torture is enacted in Nepal, enabling those responsible to be tried and punished in line with international standards and for adequate reparation to be provided to the victims of these abuses.
I look forward to your prompt action into these cases.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
5. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
