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Rights of the child / Urgent Interventions / Nepal / 2013 / March

Nepal: Allegations of torture of a minor boy, A.D.F. (name withheld), in Banke district

NPL 210313

CHILD CONCERN

Allegation of torture and ill-treatment/ Risk of impunity/ Risk of Police reprisals

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

TheInternational Secretariat of OMCT has been informed by Advocacy Forum, a member of OMCT SOS-Torture Network, about the allegations of torture of a minor boy, A.D.F. (name withheld), 15 years old, in Basdevpur, Futaha, Banke district. OMCT fears for the safety of A.D.F.

According to the information received, on 19 February 2013 at around 3 am, about nine policemen forcefully opened the door and entered in A.D.F.’s house and arrested him. A.D.F. was put in a police van and was taken to District Police Office (DPO), Banke. In the police van on the way to DPO, Banke, one unidentified policeman from Tharu community kicked A.D.F. on his back with police boots and beat him with a bamboo stick on his shoulders. While kicking and beating him the police asked him if he was involved in the robbery case of Surkhet road. A.D.F. informed that he did not know anything about that case.

A.D.F. was detained in a detention cell at DPO, Banke where he met some other boys whom he knew already. He came to know they had given his name to the police. A.D.F. was also detained with adults at the DPO. On 20 February 2013 his case was made public through a press conference.

According to the same information received, at around noon on 19 February 2013 a policeman named “David” handcuffed A.D.F. and took him to Ward Police Office, Fultekra, Nepalgunj, Banke where he was blindfolded with a piece of cloth and taken to a room. While being blindfolded, A.D.F. could see that “David” had a stick on his hand and later A.D.F. heard other three or four voices also in the room. They forced him to kneel and “David” beat hard on his legs with the stick. While beating, the policeman reportedly asked him about Surkhet road’s robbery case and from where he had got a pistol. When A.D.F. pleaded his innocence and explained that he did not have a pistol, he was again beaten with a stick and kicked with police boots. A.D.F. was tortured for about half an hour. When the pain got severe A.D.F. reportedly accepted all allegations against him.

At around 5 pm on the same day, A.D.F. was transferred back to DPO, Banke. The same evening two unidentified policemen took him to the top of DPO, Banke, where about five other unidentified policemen were sitting on chairs. They handcuffed A.D.F. and forced him to lie down on the floor. Subsequently, two policemen beat on the soles of A.D.F.’s feet with bicycle pump's pipe for about twenty-five to thirty times. They also asked A.D.F. the same questions related to the robbery case. They kicked him with police boots on various parts of his body, punched and slapped on his chest and cheeks asking him the questions. They tortured A.D.F. there for about half an hour and then A.D.F. was detained in a detention cell.

A.D.F. was taken to a hospital for a medical checkup but the doctor did not ask him whether he had been tortured.

On 20 February 2013, at around midnight, the policeman “David” brought A.D.F. out from the detention cell, caught on his breasts and pulled him up. Due to the severe pain, A.D.F. cried. The policeman jumped and kicked on A.D.F.’s stomach with police boots for three times and kicked a round kick on his waist once. The policeman reportedly said, "now your legs won't cure for one year. If you share the information of torture with others and I lose my job, I will not leave you at any cost."

Only two days after A.D.F.’s detention, on 21 February 2013, he was brought before the court and he was given an arrest warrant. On the same day, he was remanded, for the first time, for seven days; on 28 February 2013, for the second time, for ten days; and on 09 March 2013, for the third time, for ten days. As no weapon (arms and ammunition) was found with him, he was charged of drug abuse. At the time of issuing this urgent appeal, A.D.F. was detained at DPO, Banke. He was under threat of further torture.

OMCT is gravely concerned for the safety of A.D.F. and urges the relevant authorities to take all necessary measures to guarantee his physical and psychological integrity, at all times, in accordance with international law, in particular the UN 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 Rights of the Child.

OMCT recalls that the arrest and detention of juveniles should “be used only as a measure of last resort and for the shortest appropriate period of time” (article 37-b of the UN Convention on the Rights of the Child). OMCT also recalls, that "every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age" (article 37-c of the UN Convention on the Rights of the Child).

Actions Requested

Please write to the authorities in Nepal urging them to:

i.               Guarantee, in all circumstances, the physical and psychological integrity of A.D.F., his family members and the lawyers working on the case;

ii.              Immediately put in place adequate protection measures for A.D.F.;

iii.            Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;

iv.            Guarantee to him the respect of his rights in accordance with international juvenile justice law and standards;

v.              Guarantee that he is kept separately from adults detainees;

vi.            Carry out a prompt, effective, thorough, independent and impartial investigation into these events, notably the allegations of torture and other ill-treatment, 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;

vii.           Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against him as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

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

ix.            Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, notably the UN 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 Rights of the Child.

Addresses

Ø Prime Minister, Dr. Baburam Bhattarai, Office of the Prime Minister and Council of Nepal, Singha Darbar, Kathmandu, Nepal, Fax: + 977-1-4211286, Email: info@opmcm.gov.np

Ø Inspector General of Police, Mr. Kuber Singh Rana, 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. Mukti Nath Pradhan, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: + 977 1 4262582, Email: attorney@mos.com.np,    info@attorneygeneral.gov.np , socialjus@gmail.com 

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

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

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

***

Geneva, 21 March 2013

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

Properties

Date: March 21, 2013
Activity: Rights of the Child
Type: Urgent Interventions
Country: Nepal
Subjects: Torture and violence

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