NPL 110311
Torture and other forms of ill-treatment in police custody with the purpose of extracting a confession/ Fear for safety/ Risk of impunity
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Nepal.
The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about the alleged torture and ill-treatment with the purpose of extracting a confession inflicted on Mr. Sahaj Ram Thura, 19-year-old and permanent resident of Khajurkhurd VDC-1, Jogambharia, Banke district.
According to the information received, on 20 February 2011 at around 10 am, Mr. Sahaj Ram Thura was arrested by the Banke District Police Office (DPO) under the allegation of donation extortion[1]. He was only given an arrest warrant and a detention letter on 22 February 2011. The following day, on 23 February 2011, he was taken to the office of the public prosecutor and remanded for the first time for ten days under abduction and hostage charges. He was again remanded for then days, on 1 March 2011, and he remains currently detained in Banke DPO. Mr. Sahaj Ram Thura has access to lawyers and he is allowed visits of his family.
It is reported that, on 21 February 2011 at around 12 am, several unidentified policemen took Mr. Sahaj Ram Thura to the upper floor of the DPO, Banke, blindfolded him and started to interrogate him after he was forced to lie on the floor. During the interrogation, the policemen allegedly kicked on his chest with their boots. When Mr. Sahaj Ram Thura replied that he did not extort donation, the policemen reportedly beat with sticks on the soles of his feet for several times. Due to the alleged acts, he fell unconscious. The policemen then brought him round by sprinkling water on his face and made him to jump on the floor for a while before bringing him back to the cell.
According to the same information, the same day at around 10 pm, several unidentified policemen took Mr. Sahaj Ram Thura back to the same room on the upper floor of the DPO in Banke, blindfolded him and forced him to lie on his back. Six policemen then caught his hands, his legs and his head in order to restrict his movements while other policemen poured water into his nose and mouth for about two to three minutes. Once more, Mr. Sahaj Ram Thure denied any wrongdoing. On the next day, on 22 February 2011, at around 5 pm, the policemen repeated the same acts but Mr. Sahaj Ram Thura continued to deny the allegations made against him. It is reported that due the acts of torture and ill-treatment, he suffers of chest pain, swollen arms and problems of respiration. He was reportedly taken to the hospital, on 22 February 2011, where he was examined and prescribed medicines.
The International Secretariat of OMCT expresses its deep concern about the allegations of torture and other forms of ill-treatment inflicted upon Mr. Sahaj Ram Thura in police custody and fears for his safety as he remains detained under the same police control.
OMCT recalls that the authorities are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights.
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.
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 (…)”.
Action requested
Please write to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Sahaj Rum Thuna;
ii. Order his immediate transfer to another detention centre, where he is not at risk of further torture and ill-treatment;
iii. Guarantee unconditional access to his lawyer and family, as well as guarantee that he is examined by independent doctors and receives adequate medical care if necessary, in accordance, inter alia, with the recommendations of the UN Standard Minimum Rules for the Treatment of Prisoners;
iv. 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;
v. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the circumstances of the detention of Mr. Sahaj Rum Thuna and the allegations of torture and ill-treatment, 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;
vi. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Mr. Sahaj Rum Thuna as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
vii. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victim;
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 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 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, 11 March 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] Mr. Sahaj Ram Tharu was reportedly first handed to the police by an acquaintance who accused him of donation extortion which Mr. Sabaj Ram Tharu has denied. The police then suspected him to be part of an armed outfit active in the Southern Terai region and which is involved in abduction and donation extortion. The police subsequently filed a case against him under abduction and hostage charges. However, according to the same information, there is no evidence against him.
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