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Rights of the child / Urgent Interventions / Nepal / 2011 / May

Nepal: Severe beatings inflicted on a group of five villagers, including one minor

NPL 030511.CC/ NPL 030511

CHILD CONCERN/ URGENT CAMPAIGN

Torture and other forms of ill-treatment/ Risk of impunity

                                              

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Nepal.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about severe beatings inflicted on a group of five villagers, including one minor, namely Umesh Lal Sah, 14 years old, Mr. Bilachhan Yadav, 50 years old, Mr. Budheshwor Yadav, 40 years old, Mr. Jagadish Sah, 45 years old and Mr. Bachha Lal Mandal,50 years old, from Kamalpur, Saptari district.

According to the information received, on 20 April 2011, Mr. Umesh Lal Sah, Mr. Bilachhan Yadav, Mr. Budheshwor Yadav, Mr. Jagadish Sah and Mr. Bachha Lal Manda went to Koshi Tappu, Conservation area (which is located some 200 km south east of Kathmandu) looking for Mr. Bilachhhan Yadav’s lost bulls and buffalos. At around 2:30 p.m., they met a team of officials composed of two unidentified army soldiers, a forest guard from Kamalpur Range Post and the president of Odraha Kamalpur mid-area Management Committee.

After verbally abusing the group of villagers, it is reported that one of the soldiers beat Mr. Bilachhan Yadav with a rifles butt, army boots and punched with his fists until Mr. Bilachhan Yadav fell semi-conscious to the ground. Furthermore, the same soldier reportedly kicked Mr. Jagadish Sah two or three times on his chest with his army boots until he also fell to the ground. Medical examination later revealed that one of Mr. Jagadish Sah’s chest bones had been broken. Then, the same soldier punched on Mr. Umesh Lal Sah’s mouth for three times, until he also fell unconscious to the ground. Mr. Umesh Lal Sah’s mouth was severely bleeding, one tooth was broken and two teeth were lost. Mr. Bachha Lal Mandal and Mr. Budheshwor Yulav were also severely beaten till they fell to the ground.

According to the same information, more than one hour later, Mr. Bilachhan Yadav and Mr. Bachha Lal Manda regained consciousness. Then they ran to the village to get help. Several villagers, including Mr. Umesh Lal Sah’s father, followed them to the place of the incident and rescued the three other victims and took them all to Arogya Community Hospital, Fattepur, Saptari district. Mr. Bilachhan Yadav, Mr. Bachha Lal Mandal and Mr. Budheshwor Yadav were discharged after medical treatment. Due to the beatings, it is reported that Mr. Bilachhan Yadav cannot walk properly. Mr. Umesh Lal Sah and Mr. Jagadish Sah were the most seriously injured. Mr. Umesh Lal Sah had a broken tooth removed and the doctor advised to also remove the other two teeth. He was later transferred to a dental clinic. He continues to take medicine regularly and to rest at home. Due to the pain, he is only able to swallow liquid food. Mr. Jagadish Yadav reportedly had a rip broken and was transferred to another hospital.

It is also reported that, on 20 April 2011, the dentist who was treating Mr. Umesh Lal Sah was threatened by a Captain of the Nepal Army from Saptari district. As a consequence the doctor refused to continue Mr. Umesh Lal Sah’s treatment.

On 22 April 2011, the aforementioned victims reportedly informed the District Administration Office[1] of Saptari district about the incident. An application was registered before this authority, urging for an investigation into the case, punishment of the perpetrators and compensation for the victims. To date, there has been reportedly no investigation into the aforementioned events.

The International Secretariat of OMCT expresses its deep concern about the allegations of ill-treatment inflicted upon the minor Umesh Lal Sah, Mr. Bilachhan Yadav, Mr. Bundheshwor Yadav, Mr. Jagadish Sah and Mr. Bachha Lal Mandal.

OMCT recalls that the authorities are legally bound to effectively ensure the physical and psychological integrity of all persons in accordance with international human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the Convention on the Right of the Child when child victims are involved.

OMCT recalls that, in line with their obligations under the abovementioned treaties, it is incumbent on the competent Nepalese authorities to consider seriously any allegations of torture and other forms of ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions.

Action requested

Please write to the authorities in Nepal urging them to:

i.               Guarantee, in all circumstances, the physical and psychological integrity of Mr. Umesh Lal Sah, Mr. Bilachhan Yadav, Mr. Bundheshwor Yadav, Mr. Jagadish Sah and Mr. Bachha Lal Mandal;

ii.         Carry out a prompt, effective, thorough, independent and impartial investigation into the     aforementioned facts, including the allegations of ill-treatment inflicted upon Umesh Lal Sah, Mr. Bilachhan Yadav, Mr. Bundheshwor Yadav, Mr. Jagadish Sah and Mr. Bachha Lal Mandal, in accordance with international human rights standards, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

iii.        Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victims concerned;

iv.        Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular ensure that all acts of torture, and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required.

Addresses

Ø Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232

Ø Inspector General of Police, Ramesh Chand Thakuri, Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Fax: +977 1 4 415 593. Email: info@nepalpolice.gov.np

Ø Attorney General, Mr. Yuv Raj Sangraula, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np

Ø DSP Bishwa Adhikari, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 1 4415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairman of the National Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973

Ø Chief of Army Staff (CoAS), Mr. Gen Chhatra Man Singh Gurung, Nepalese Army HQ, Bhadrakali, Kathmandu, Tel: 977-1-4246140,4241731(DPR), Fax: 977-1-4269624, Email: dpr@nepalarmy.mil.np

Ø Ministry of Defense, Mr. Singha Durbar, Kathmandu, Tel: 977-1-4211290, 4211289, Fax: 977-1-4211294, Email: mod@mos.com.np

Ø Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int

Please also write to the embassies of Nepal in your respective country.

***

Geneva, 3 May 2011

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.



[1] The District Administration Office (DAO) is the main governing body of the district that is in charge of the overall administration of the district, including security issues. The head of the DAO is the Chief District Officer (CDO) who has quasi-judicial power, which includes hearing public offence and arms and ammunition cases as well as passing verdicts and sentences up to 7 years of imprisonment and/or 21’000 rupees.

Properties

Date: May 3, 2011
Activity: Rights of the Child, Urgent campaigns
Type: Urgent Interventions
Country: Nepal
Subjects: Torture and violence

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