Dear friends,
The Asian Human Rights Commission (AHRC) has received information from reliable sources concerning another two cases of torture allegedly perpetrated by the same three members of the Morang District Police Office, Balram Yadav, Shyam Chaudhary and Rajendra Mehata.
CASE DETAILS:
Mohammad Jabbar Miya, 19, owns a meat shop at Devkota Chowk, Biratnagar Municipality -10, Morang District, and is a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang District. At around 4pm on September 4, 2007, he was arrested by Assistant Sub Inspector of Police (ASI) Mr. Balram Yadav and Shyam Chaudhary from the Morang DPO Morang, on allegations of robbery and rape.
After the arrest, he was handcuffed and taken to the Morang DPO where he was reportedly tortured. On 4 September 2007, he was interrogated at about 7pm by about 18-19 police personnel wearing civilian clothes, out of which he has been able to identify Balram Yadav, Shyam Chaudhary and Rajendra Mehata. Balram Yadav questioned him about a robbery, and when Mohammad Jabbar Miya stated his innocence and lack of knowledge concerning the case, Balram Yadav ordered Shyam Chaudhary to whip him. Soon other policemen joined in beating him on his head, chest, abdomen and neck. Then Shyam Chaudhary ordered another policeman to bring some water and a piece of cloth. Balram then blindfolded the victim who was then hit to force him to the floor. A policeman then started pouring water in his nose in an attempt to get him to admit his involvement in the robbery. When the victim screamed in pain a policeman put a boot in his mouth. He was whipped and beaten continuously for 30 minutes, after which he was taken for a medical examination, before being brought back to the Morang DPO.
At around 7pm the next day, September 5, he was taken to the women’s cell, where a woman, the alleged owner of the robbed house, was present. Rajendra Mehata asked Mohammad Jabbar Miya if he recognized the woman, and when he said no, four policemen, including Rajendra Mehata, beat him with their batons. He was forced to sit on the floor with his feet up on a nearby sofa, and a policeman caught hold of his feet while another beat them with a wooden baton. Three or four other policemen also joined in whipping him for about half an hour in the presence of the owner. Then they forced him to jump up and down for about ten minutes before throwing him back in his cell.
Later that day, he was taken to his house, which the police searched to try to find the stolen goods. A policewoman started whipping Mohammad Jabbar Miya’s aunt, Ms. Noorjan Khatun. Noorjan Khatun, a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District, was also arrested by the police. On the wooden Singhya River Bridge on the way to the DPO, Mohammad Jabbar Miya’s hands were handcuffed behind his back and he was forced to lie down. The police then placed pistols on his forehead, temple and neck and forced him to admit guilt concerning the alleged robbery in question. Four unidentified police personnel also beat Noorjan Khatun with a stick on her thighs and with the butts of their rifles on her back. The policemen also warned both of them that they would be killed and buried in the banks of the Singhya River if they didn’t tell the truth.
According to the information received, after torturing both Mohammad Jabbar Miya and Noorjan Khatun for about half an hour, the police took them to Morang DPO in a police van. Both of them were then taken to the women’s cell and verbally abused and beaten with batons. On September 7, 2007, at about 10am, Noorjan Khatun and Mohammad Jabbar Miya were again taken to a woman’s cell on the ground floor. A policewoman removed Noorjan Khatun’s outer sari in the presence of three male policemen, Sub-Inspector Balram Yadav and two other policewomen. She was then beaten by police head constable (female) Bhagawoti Khatiwada and another policewoman with a stick, while being interrogated about the robbery. Noorjan Khatun started crying with pain but was shoved to the ground and one of the policewomen started beating on her feet with a stick. She was then forced to lie face down on the floor and both police women punched her back. SI Balram Yadav threatened her and told her to leave her home. As the result of the pain, Noorjan Khatun promised to leave her home, however the beatings continued for another 15 minutes, following which she was ordered to jump up and down for another 10 minutes. Whenever Noorjan Khatun would cry out with pain, the policewomen would block her mouth with their palms.
On September 10, 2007, Noorjan Khatun vomited and also suffered from a severe headache and dizziness. She could not eat properly but was forced to finish her meal. Later the same day, she was taken to Koshi Zonal Hospital in Morang district, but she was not able to complain; however, she could not complain about her treatment due to the presence of policewomen.
Finally, she was released from the Morang DPO at around 5pm on September 10, 2007, following significant pressure on the police from her neighbours. She was not charged with any crimes and was not provided with any arrest and detention letters. At the time of her release, the police noted down her telephone number and also told her to come to the DPO when required. She is currently living at home and reportedly remains in fear of further arrests and abuse.
For his part, Mohammad Jabbar Miya was beaten regularly during the first five days following his arrest on September 4, 2007, for around half an hour, especially on his feet and buttocks. He was transferred to the Rani APO in Morang District on September 22, before being sent to Morang District Jail on October 5, 2007, having been sentenced as the result of his confession extracted under torture.
The AHRC is gravely concerned by the continuing use of torture in Nepal and the impunity that accompanies it. The above cases, which were allegedly perpetrated by the same group of policemen as those responsible for torturing Mohammed Pappu Miya and Mohammad Rajjabul Hussain Miya (please see previous appeal, UA-304-2007), are clear examples of the fact that when torture goes unpunished, the perpetrators will repeatedly make use of it. It is vital that the authorities immediately investigate the policemen in question, and, if found responsible, bring them to justice and punish them in line with international standards. Furthermore, it a serious concern that the victims of torture are being tried and convicted based on evidence extracted under torture. Judges should not consider such evidence as being admissible in court and should ascertain whether persons under trial have been tortured during detention and interrogation before passing judgement. It is also imperative for the Nepalese authorities to immediately take measures to ensure that torture is criminalized in the country, in order to address the problem of impunity concerning this very serious human rights violation, in line with its international obligations.
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 the 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 and Special Rapporteur on violence against women calling for their intervention into these cases.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Another two cases of torture perpetrated by the same members of the Morang Police
Name of victims:
1) Mohammad Jabbar Miya, 19, a meat shop owner at Devkota Chowk, Biratnagar Municipality -10, Morang District, and a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang District.
2) Noorjan Khatun, a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District.
Name of alleged perpetrators:
Assistant Sub-Inspector (ASI) Balram Yadav, policeman Rajendra Mehata and Shyam Chaudhary
Date of incident: September 4, 2007 to date
Place of incident: Morang District Police Office (DPO)
I am writing to voice my deep concern regarding the alleged illegal detention and torture of two more persons by the same three policemen from the Morang District Police Office (DPO) that have previously been accused of torturing detainees. The repeated use of torture by these persons, namely Assistant Sub-Inspector (ASI) Balram Yadav, policeman Rajendra Mehata and Shyam Chaudhary, must immediately be halted and they must be investigated and, if found guilty as alleged, must be brought to justice, with adequate punishments to the perpetrators and reparation to the victims being provided, in line with international standards.
Mohammad Jabbar Miya, 19, owns a meat shop at Devkota Chowk, Biratnagar Municipality -10, Morang District, and is a permanent resident of Jamtoki, Muslim Tole of Kathari VDC-2, Morang District. At around 4pm on September 4, 2007, he was arrested by Assistant Sub Inspector of Police (ASI) Mr. Balram Yadav and Shyam Chaudhary from the Morang DPO Morang, on allegations of robbery and rape.
After the arrest, he was handcuffed and taken to the Morang DPO where he was reportedly tortured. On 4 September 2007, he was interrogated at about 7pm by about 18-19 police personnel wearing civilian clothes, out of which he has been able to identify Balram Yadav, Shyam Chaudhary and Rajendra Mehata. Balram Yadav questioned him about a robbery, and when Mohammad Jabbar Miya stated his innocence and lack of knowledge concerning the case, Balram Yadav ordered Shyam Chaudhary to whip him. Soon other policemen joined in beating him on his head, chest, abdomen and neck. Then Shyam Chaudhary ordered another policeman to bring some water and a piece of cloth. Balram Yadav then blindfolded the victim who was then hit to force him to the floor. A policeman then started pouring water in his nose in an attempt to get him to admit his involvement in the robbery. When the victim screamed in pain a policeman put a boot in his mouth. He was whipped and beaten continuously for 30 minutes, after which he was taken for a medical examination, before being brought back to the Morang DPO.
At around 7pm the next day, September 5, 2007, he was taken to the women’s cell, where a woman, the alleged owner of the robbed house, was present. Rajendra Mehata asked Mohammad Jabbar Miya if he recognized the woman, and when he said no, four policemen, including Rajendra Mehata, beat him with their batons. He was forced to sit on the floor with his feet up on a nearby sofa, and a policeman caught hold of his feet while another beat them with a wooden baton. Three or four other policemen also joined in whipping him for about half an hour in the presence of the owner. Then they forced him to jump up and down for about ten minutes before throwing him back in his cell.
Later that day, he was taken to his house, which the police searched to try to find the stolen goods. A policewoman started whipping Mohammad Jabbar Miya’s aunt, Ms. Noorjan Khatun. Noorjan Khatun, a 37-year-old widow and permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District, was also arrested by the police. On the wooden Singhya River Bridge on the way to the DPO, Mohammad Jabbar Miya’s hands were handcuffed behind his back and he was forced to lie down. The police then placed pistols on his forehead, temple and neck and forced him to admit guilt concerning the alleged robbery in question. Four unidentified police personnel also beat Noorjan Khatun with a stick on her thighs and with the butts of their rifles on her back. The policemen also warned both of them that they would be killed and buried in the banks of the Singhya River if they didn’t tell the truth.
According to the information received, after torturing both Mohammad Jabbar Miya and Noorjan Khatun for about half an hour, the police took them to Morang DPO in a police van. Both of them were then taken to the women’s cell and verbally abused and beaten with batons. On September 7, 2007, at about 10am, Noorjan Khatun and Mohammad Jabbar Miya were again taken to a woman’s cell on the ground floor. A policewoman removed Noorjan Khatun’s outer sari in the presence of three male policemen, Sub-Inspector Balram Yadav and two other policewomen. She was then beaten by police head constable (female) Bhagawoti Khatiwada and another policewoman with a stick, while being interrogated about the robbery. Noorjan Khatun started crying with pain but was shoved to the ground and one of the policewomen started beating on her feet with a stick. She was then forced to lie face down on the floor and both police women punched her back. SI Balram Yadav threatened her and told her to leave her home. As the result of the pain, Noorjan Khatun promised to leave her home, however the beatings continued for another 15 minutes, following which she was ordered to jump up and down for another 10 minutes. Whenever Noorjan Khatun would cry out with pain, the policewomen would block her mouth with their palms.
On September 10, 2007, Noorjan Khatun vomited and also suffered from a severe headache and dizziness. She could not eat properly but was forced to finish her meal. Later the same day, she was taken to Koshi Zonal Hospital in Morang district, but she was not able to complain; however, she could not complain about her treatment due to the presence of policewomen.
Finally, she was released from the Morang DPO at around 5pm on September 10, 2007, following significant pressure on the police from her neighbours. She was not charged with any crimes and was not provided with any arrest and detention letters. At the time of her release, the police noted down her telephone number and also told her to come to the DPO when required. She is currently living at home and reportedly remains in fear of further arrests and abuse.
For his part, Mohammad Jabbar Miya was beaten regularly during the first five days following his arrest on September 4, 2007, for around half an hour, especially on his feet and buttocks. He was transferred to the Rani APO in Morang District on September 22, before being sent to Morang District Jail on October 5, 2007, having been sentenced as the result of his confession extracted under torture.
I am gravely concerned by the continuing use of torture in Nepal and the impunity that accompanies it. The above cases, which were allegedly perpetrated by the same group of policemen as those responsible for torturing Mohammad Jabbar Miya and Mohammad Rajjabul Hussain Miya, are clear examples of the fact that when torture goes unpunished, the perpetrators will repeatedly make use of it. It is vital that the authorities immediately investigate the policemen in question, and, if found responsible, bring them to justice and punish them in line with international standards. Furthermore, it a serious concern that the victims of torture are being tried and convicted based on evidence extracted under torture. Judges should not consider such evidence as being admissible in court and should ascertain whether persons under trial have been tortured during detention and interrogation before passing judgement.
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 centres in the country. This is evidently the case at the Morang District Police Office (DPO). 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 Morang District Police Office 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. Finally, I urge you to intervene to ensure that no further threats, harassment, eviction, arrests, ill-treatment or torture are perpetrated against either victim in this case.
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)
