Follow-up of case NPL 031210/
NPL 031210.VAW
URGENT CAMPAIGNS/ VIOLENCE
AGAINST WOMEN
New allegations of ill-treatment/ Lack of adequate
medical care/ Fear for safety
The
International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests
your URGENT intervention in the following situation in Nepal.
New information
The International Secretariat of OMCT has been informed by a reliable source and
Antenna International, a member of OMCT SOS-Torture Network, that Mr. Gyan Bahadur Balami (Gyanu), 36 years
old, permanent resident of Burtibang – 6, Baglung district and temporarily
living in Padampokhari VDC- 8, Hattigouda, Makwanpur district, his wife, Ms. Hermin Ratu Lama, 33 years old, and Mr. Iman,
alias Makar Bahadur
Gharti Magar, 41 years old, permanent resident of Bobang-8,
Baglung district and temporarily living in Goldhunga, Sundar tole, Kathmandu
district, remain at risk of torture and ill-treatment. OMCT has been informed
that Mr. Gyan Bahadur Balami (Gyanu) was again subjected to ill-treatment and
death threats. On 8 December 2010, all three were
remanded in custody for ten days.
According to the information received, on 7 December 2010, Mr. Gyan Bahadur Balami was
taken to the Litigation Section of District Police Office (DPO) Kathmandu, where he was
forced to sign a paper in connection with another alleged house robbery. When
he refused to sign the paper, the inspector reportedly got angry, verbally
abused him and caught him by his hair before pushing his head against the wall
and punching him six times on his right cheek and once on his right knee with
his boots. The inspector then allegedly forced Mr. Gyan Bahadur Balami’s
signature and took his thumb stamp. He also reportedly threatened to shoot him
the following day. Mr. Gyan Bahadur Balami was then detained in the detention
cell of DPO Kathmandu.
It is also reported that Mr. Gyan Bahadur
Balami had to pay for a medical check-up that has been scheduled for 21 December 2010. He reportedly suffers from
hearing loss due to the acts of torture and ill-treatment.
According to the same information, Mr. Iman was
taken, on 5 December 2010, to Bir Hospital for a medical
check-up. However, he had reportedly to pay the doctor’s fee and the taxi fare.
In addition, he was not given the medicine that the doctor prescribed him and,
although the doctor has referred him for further examination to the orthopaedic
section, the police allegedly refused mentioning financial problems.
The International
Secretariat of OMCT reiterates its deep concern about the safety of Mr. Gyan Bahadur Balami, Ms. Hermin Ratu
and Mr. Iman. Accordingly, OMCT calls again on the competent Nepalese authorities to guarantee
their physical and psychological integrity, at all times, in accordance, inter
alia, with the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the International Covenant on Civil and Political
Rights.
OMCT also urges
the Nepalese authorities to immediately put in place protection measures for Mr. Gyan Bahadur Balami, Ms. Hermin Ratu
and Mr. Iman, including their immediate transfer to another detention centre,
where they are not at risk of further torture and ill-treatment, and suspend the policemen believed to be
responsible, pending an investigation.
OMCT recalls that
Nepal is a State party to the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
International Covenant on Civil and Political Rights, which both prohibit
torture and ill-treatment. In line with their obligations under these treaties,
it is incumbent on the competent authorities to consider seriously any
allegations of torture and 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. Victims of torture and ill-treatment must be ensured the right to an
effective remedy for the human rights violations suffered as well as the right
to full redress, including compensation and rehabilitation.
Finally, OMCT
recalls Article 11 of the Convention against Torture which stipulates that “Each
State Party shall keep under systematic review interrogation rules,
instructions, methods and practices as well as arrangements for the custody and
treatment of persons subjected to any form of arrest, detention or imprisonment
in any territory under its jurisdiction, with a view to preventing any cases of
torture” and article 15 of the
said Convention, “Each State Party shall ensure that any statement which is
established to have been made as a result of torture shall not be invoked as
evidence in any proceedings (…)”.
Brief reminder of the situation
OMCT had earlier been informed about the
alleged torture and ill-treatment in police custody of Mr. Gyan Bahadur Balami
(Gyanu), his wife, Ms. Hermin Ratu Lama, and Mr. Iman, alias Makar
Bahadur Gharti Magar. They were allegedly tortured and ill-treated by seven
policemen, including one inspector (who was already involved in another case
documented by OMCT
[1]) and a sub inspector, from
the Metropolitan Police Crime Division (MPCD) Hanumandhoka, in Kathamdu.
According to the information received, Mr. Gyan
Bahadur Balami was the first to be arrested, on 31 October 2010, by about six
policemen from the MPCD, Kathamandu at Hetauda Bus Park in Makwanpur district
(about 150 km from Kathmandu), on suspicion of robbery and drug smuggling.
During his arrest, he was allegedly beaten with sticks, punched and kicked. He
was then handcuffed and beaten again for 20 minutes before the policemen
blindfolded him and took him in a jeep to a nearby jungle. There, he was
dragged out of the car. The policemen allegedly forced his head in-between the
roots of a fallen tree and put a pistol into his mouth. He was again beaten
randomly on his back, legs, hands and feet. The policemen also allegedly
drilled with a sharp wooden stick on his right sole and bent his fingers with
the purpose of obtaining information about alleged stolen items. Mr. Gyan
Bahadur Balami reportedly confessed to the crime. The policemen then allegedly
forced a pistol into his mouth and said “what is your last desire”.
Mr. Gyan Bahadur Balami was later taken back to his house. The police
seized some money, boots, and jackets. The police also arrested his wife, Ms.
Hermin Ratu, who was taken along to Makawanpur District Police Office (DPO).
Once at the police station, they were detained in separate detention cells.
According to the same
information, Mr. Iman (alias Makar Bahadur Gharti Magar) was arrested, on 1 November 2010,
also on suspicion of drug smuggling and robbery. During his arrest, five to six
unidentified policemen allegedly beat him with sticks, boots and fists on
various parts of his body for about half an hour. He was then handcuffed and
taken to a nearby jungle. In the car, he saw Mr. Ghan Bahadur Balami whose face
and eyes were reportedly swollen. After five minutes drive, the police stopped
the jeep, took both of them out of the car and started beating them again while
asking questions about the alleged stolen goods and money. Both were then taken
to Butwal Area Police Office (APO), before being transferred to DPO Makawanpur.
On the way, the police reportedly stopped the car in Bardhaghat and beat them
again randomly for about ten minutes each. After approximately 25 minutes
drive, they arrived in front of a hotel in Daunne, Nawalparasi district where
they received food. Later, they were taken back to the jungle where three
unidentified policemen beat them again for about ten to fifteen minutes. At
around 10 pm,
they reached DPO Makawanpur where they were detained in a cell.
On 2 November 2010, Mr. Gyan
Bahadur Balami and Mr. Iman were handcuffed and taken to a room where they saw
Ms. Hermin Ratu sitting on the floor covered with dust all over her body. She
was reportedly crying and four policemen were standing by her side. Two of the
policemen allegedly stepped on her knees, another policeman stepped on her head
with his boots and a fourth one beat on the soles of her feet with bamboo
sticks. They also poked with a bamboo stick inside her paint and tried to take
it off. Mr. Gyan Bahadur Balami tried to intervene but he was allegedly forced to
lie on the floor and the policemen started beating him. The police then also
started to beat Mr. Iman with bamboo sticks on his hands, thighs and legs for
about five minutes.
On the same day, the police
took Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman to Kathmandu.
On the way, one of the policemen reportedly showed them a dead boy without a
head on his mobile phone and allegedly threatened to kill them in a similar
manner. When they reached Balkhu in Kathmandu,
the policemen blindfolded and took them into a house that the police called
“safe house”. They were again severely beaten. They were later taken to
Metropolitan Police Range (MPR) Kathmandu
and then to Kathmandu District Court. They were remanded until 7th December 2010.
Action
requested
Please write to
the authorities in Nepal urging them to:
i.
Guarantee,
in all circumstances, the physical and psychological integrity of Mr. Gyan Bahadur Balami, Ms. Hermin Ratu
and Mr. Iman;
ii.
Order
their immediate transfer to another detention centre, where they are not at
risk of further torture and ill-treatment;
iii.Grant
Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman unconditional access to a
lawyer of their choice and their families, as well as guarantee that they are promptly
examined by independent doctors and receive adequate and free medical care, in
accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of
Prisoners;
iv.Order
their immediate release in the absence of valid legal charges that are
consistent with international law and standards, or, if such charges exist,
bring them promptly before an impartial, independent and competent tribunal and
guarantee their procedural rights at all times;
v.
Carry
out a prompt, effective, thorough, independent and impartial investigation into
the reports of torture and ill-treatment, the result of which must be made
public, in order to bring those responsible before a competent, independent and
impartial tribunal and apply penal, civil and/or administrative sanctions as
provided by law;
vi.Guarantee
that no evidence obtained under torture and ill-treatment, or threats thereof,
be used in court proceedings against Mr. Gyan Bahadur Balami, Ms. Hermin Ratu
and Mr. Iman as stipulated in Article 15 of the UN Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment;
vii.
Ensure
that an effective remedy, including the right to full redress with compensation
and rehabilitation be granted to the victims concerned;
viii.
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
Home Minister,Mr. Bhim Rawal, 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,
Tel: +977 1 4 412 432,
Fax: + 977 1 4
415 593. Email: info@nepalpolice.gov.np
Ø
Attorney General,Mr. Bharat Bahadur Karki, Office of
Attorney General
Ramshahpath, Kathmandu, Nepal,
Fax: +977
1 4262582, Email: attorney@mos.com.np
Ø
Chief of Human
Rights Cell of police,Mr. Yadav Raj Khanal l, Human Rights Cell, Nepal
Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: + 977 1 4415593
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, 10 December 2010.
Kindly inform us of any action undertaken quoting the
code of this appeal in your reply.