NPL 180511
Torture and other forms of ill-treatment in custody with the purpose of extracting a confession/ No adequate medical care/ 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 inflicted on Mr. Atiram Rana, 28 years old, resident of Shamsergunj VDC-7, Banke district, by police officers with the purpose of extracting a confession. OMCT is gravely concerned about his health condition.
According to the information received, on 12 April 2011, Mr. Atiram Rana was arrested at his shop in Shamsergunj VDC-7, Banke district, by officers of the District Police Office (DPO), Banke and illegally detained during six days (he was only given an arrest warrant and a detention letter on 18 April 2011) on suspicion of being involved in a murder, which took place on 31 March 2011.
According to the same information received, on 12 April 2011, at around 10 p.m., Mr. Atiram Rana was transferred by several policemen to the DPO top floor. They reportedly blindfolded him and started to interrogate him on the murder case. Mr. Atiram Rana was allegedly forced to lie on the floor, then his hands and legs were caught and he was beaten on the soles of his feet with sticks. Furthermore, the policemen put chili powder and poured water into his nose and mouth when he denied the allegations made against him. Mr. Atiram Rana reportedly started to suffocate. Later, the policemen allegedly applied electronic shocks on his right toe, punched him on different parts of his body, kicked on his groin, stepped on his body and, finally, he was threaten with forcing water into his penis with a pipe. Mr. Atiram Rana subsequently fell half unconscious. He would not remember how long they tortured him, the questions they asked and the responses he supposedly gave. However, Mr. Atiram Rana supposes that he was tortured until around 2 a.m.
On 14 April 2011, Mr. Atiram Rana hired a lawyer who filed a writ of habeas corpus on the same day before the Appellate Court in Nepalgunj. At the court hearing, which took place on 17 April 2011, the judge reportedly ordered the policemen to stop any further acts of torture and ill-treatment on Mr. Atiram Rana, given his poor physical and mental condition. Mr. Atiram Rana was later remanded in custody three times, and, on 11 May 2011, he was transferred to Banke District Jail, awaiting trial.
According to the same information received, Mr. Atiram Rana was transferred to Bheri Zonahl hospital, on 20 April 2011. However, he was reportedly not seriously examined, although he would suffer, among others, of a swollen penis, from pain all over his body, a headache and a dry tongue and mouth. OMCT has also been informed that, to date, no investigation was initiated into the aforementioned allegations and no adequate steps were taken against the alleged perpetrators.
The International Secretariat of OMCT expresses its deep concern about the allegations of torture and ill-treatment inflicted upon Mr. Atiram Rana and the lack of adequate medical care he has received.
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 (…)”.
Please write to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Atiram Rana;
ii. Guarantee full access to his lawyer and family, as well as guarantee that he is examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the recommendations of the UN Standard Minimum Rules for the Treatment of Prisoners;
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. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, including the allegations of torture and ill-treatment inflicted upon Mr. Atiram Rana, in accordance with international human rights standards, 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;
v. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Mr. Atiram Rana as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
vi. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victim concerned;
vii. 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.
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Geneva, 18 May 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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