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Urgent campaigns / Urgent Interventions / Nepal / 2010 / December

Nepal: Follow-up_Mr. Gyan Bahadur Balami, Ms. Lama and Mr. Iman continue to be threatened and have still not been provided with adequate medical care_OMCT fears for their safety

​Case NPL 031210.2/ NPL 031210.2.VAW
Follow-up of cases NPL 031210/ NPL 031210.VAW and NPL 031210.1/ NPL 031210.1.VAW
URGENT CAMPAIGNS/ VIOLENCE AGAINST WOMEN
Threats/ 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. Lama, 33 years old (name changed), 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, continue to be threatened and have still not been provided with adequate medical care. Furthermore, they remain detained in the same detention centre where the alleged perpetrators are working.
 
According to the information received, on 12 December 2010, Mr. Gyan Bahadur Balami, Ms. Lama and Mr. Makar Bahadur Gharti Magar “Iman” were taken to the office room of Inspector Humagai from the Crime Division. The inspector reportedly said to Ms. Lama “You are a Malaysian woman. How could you accuse the police of tearing your undergarments? How could you report such things to the human rights activists? The Malaysian women might not feel shame but the Nepalese women don’t say such things openly. We have received 5 pages letter. Do you want to see?"
 
The same inspector then allegedly said to Mr. Gyan Bahadur Balami “You were born in a rural area of Baglung district. So, you can become a dacoit or robber but I was born in a city and I am an Inspector. I don't need to work in the police force for my survival. After your release, come to the open field and show me your power. I too will show my power how much I can hurt you. Have you forgotten my advice I had given to you on the way to the court.” All three were then brought back to their cells at Metropolitan Police Range (MPR), Hanumandhoka, Kathmandu, where they remain detained to date. On 19 December 2010, they were remanded a seventh time for ten days.
 
OMCT has also been informed that, on 21 December 2010, Mr. Gyan Bahadur Balami was taken to Teaching Hospital to undertake further test for his damaged ear (medical check-up scheduled before). Despite the doctor’s referral, Mr. Makar Bahadur Gharti Magar (Iman) has still not been provided adequate treatment for his damaged teeth and broken toe of his left leg.
 
The International Secretariat of OMCT reiterates its deep concern about the safety of Mr. Gyan Bahadur Balami, Ms. Lama 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. Lama 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. 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. Lama, 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. Lama 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. Lama 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.
 
According to the same 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.
 
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. Lama and Mr. Iman;
ii.                   Order their immediate transfer to another detention centre, where they are not at risk of further torture and ill-treatment as well as threats;
iii.Grant Mr. Gyan Bahadur Balami, Ms. Lama 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. Lama 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
E-mail: hrcell@nepalpolice.gov.np
Ø      Chairman of the National Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.organd also  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@ties.itu.int
 
Please also write to the embassies of Nepal in your respective country.
***
Geneva, 24 December 2010.
 
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

 
 
 


[1] See OMCT NPL 230210.

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Date: December 24, 2010
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Nepal
Subjects: Arbitrary arrests and enforced disappearances, Threats, intimidation and harassment, Torture and violence

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