NEPAL: Discrimination based on sexual orientation
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Dear friends
The Asian Human Rights Commission (AHRC) has received information that two young homosexuals were brutally assaulted by the Armed Police personnel near Ratnapark, central Kathmandu, on 6 December 2003. AHRC is gravely concerned of such regular assault, and torture of homosexuals in Nepal, especially by the police who have duty to protect the citizens.
All human beings are born free and equal in dignity and rights, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. AHRC calls for your solidarity to pressure the local authorities to immediately and thoroughly investigate this case and protect the human rights of homosexuals.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: Jaya Bahadur Lama (28 years old) and Mani Lama (20 years old)
Alleged perpetrators: Several armed police personnel in Kathmandu
Date of incident: 6 December 2003
The night of 6 December 2003, in Kathmandu, Nepal, two homosexuals, Jaya Bahadur Lama (28 years old) and Mani Lama (20 years old), were severely assaulted by the several Armed Police personnel after some hoodlums told the police that they were homosexuals.
Around 8:00 pm on 6 December, Jaya and Mani, living in Chuchepati, Kathmandu and working at a carpet factory in Boudha, were walking near Ratnapark, central Kathmandu. Some gundas (street hoodlums) came to them and tried to extort money from them. At that moment, night patrolling Armed Police van (Tata Mobile) arrived at the scene. Even though Jaya and Mani were victims and the gundas were suspects, the Armed Police started beating Mani up after the gundas told them that Jaya and Mani were homosexuals. When Jaya tried to stop the police beating up his friend, the Armed Police slapped him.
Then the police threw both Jaya and Mani into the police van. In the van, the police tied up their hands, covered their faces, and forced them to lie face down. While the police drove around for almost one hour, they severely beat Jaya and Mani with boots and rifles in the van. Jaya told the police that he was born homosexual and assured the police that they were members of Blue Diamond Society, an NGO working for the welfare of homosexuals, and offered the police the organization telephone number to call. The police responded hat they would burn down the Blue Diamond Society office and the police became even more brutal.
After about one hour of driving around, Jaya and Mani were taken to an unknown Armed Police camp. There, they were taken to a dark room and about 15 to 20 police men came and started beating them severely. The police accused them of being Maoist. After two hours of assault, the police forced Jaya and Mani to give them oral sex. But they couldn’t perform this act even to save themselves from further beating and torture because they were severely injured by the assault. Then the police put Jaya and Mani back into the police van, and again tied them up and covered their faces. After some time of driving a van, the police threw them into the street on 2:00 am the next day (7 December 2003). Jaya was unconscious by that time and the police told Mani not to remove the cover from his face in half an hour.
After half an hour Jaya and Mani removed the covers from their face and realized they were in near Ratopul, near the biggest Hindu temple in Nepal, Pashupatinath. There, they met another police van and explained to them what had happened. Jaya and Mani needed immediate medical treatment but the police did not provide any help, not even some water, after they found out they were homosexuals. The police abandoned them on the street.
Jaya and Mani waited there until 7:00 am and then came to Blue Diamond Society’s drop in centre for shelter. Blue Diamond Society immediately took them to the Teaching Hospital after they reported the torture. Due to serious bruises on their backs, doctors have advised them to rest for a week. The Society has filed a complaint with the Armed Police Headquarters, demanding punishment for the perpetrators. Sunil Babu Pant, chairman of the Society, has expressed concern about the regular harassment and assault of homosexuals by security personnel with genuine impunity in Nepal. Even though the police told that they have taken the matter seriously and will take action soon, until now the police have not taken any serious action to investigate the case and arrest the perpetrators.
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities requesting immediate and thorough investigation into this serious case and punish the perpetrators.
1. Surya Bahadur Thapa,
Prime Minister
Prime Minister’s Office
Singha Durbar, Kathmandu,
NEPAL
Fax: + 977 1 4 227 286
2. Shyam Bhakta Thapa
Inspector General of Police
Police Headquarters,
Naxal, Kathmandu,
NEPAL
Fax: + 977 1 4 415 593 / 415 594
3. 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
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. 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
6. Mr. Doudou Diène
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: The brutal assault against two homosexuals by the Armed Police in Kathmandu
Name of the victim: Jaya Bahadur Lama (28 years old) and Mani Lama (20 years old)
Alleged perpetrators: Several armed police personnel in Kathmandu
Date of incident: 6 December 2003
I am deeply concerned about the brutal assault against Jaya Bahadur Lama and Mani Lama by the armed police personnel in Ratnapark, central Kathmandu on 6 December 2003. Both of them were severely assaulted by the several armed police personnel after some hoodlums told the police that they were homosexuals, even though Jaya and Mani were victims and the hoodlums were suspected of robbing them. It was a shock to learn that the police officers, who have a duty to protect the citizens of the country, committed such a brutal crime.
According to the information I have received, the police took Jaya and Mani to an unknown armed police camp by police van, and about 15 to 20 police men came and severely beat them there for two hours. After that, the police demanded that Jaya and Mani give them oral sex. Jaya was unconscious for some time and the two were injured because of the torture. However, the police did not provide any medical treatment and thew them on the street. More seriously, another policemen whom they met after the incident refused to provide any help after they found out that they were homosexual. Until now, the police have not taken any serious action to investigate the case and arrest the perpetrators.
Article 2 of the International Covenant on Civil and Political Rights (ICCPR) states that “Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” All human beings are born free and equal in dignity and rights, and homosexuals are also the citizens whom the Nepalese government should protect.
Therefore, I urge you to order an immediate and thorough investigation into this serious case, and bring the perpetrators to justice as soon as possible. I also urge you to fully ensure the victims access to full medical treatment. I further urge the Nepalese government to give compensation to the victims.
Sincerely yours,
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Thank you.
Kim Soo A
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
