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Urgent campaigns / Urgent Interventions / Nepal / 2011 / June

Nepal: Torture and ill-treatment in custody of Mr. Kedar K.C. to extract a confession_Fear for his safety

NPL 160611

Torture and other forms of ill-treatment in police custody with the purpose of extracting a confession/ Critical health condition/ Fear for physical and psychological integrity/ Risk of impunity

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

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 arbitrary detention, torture and the subsequent critical health condition of Mr. Kedar K.C., 34 years old and permanent resident of Imadol Municipality-8, in Lalitpur District.

According to the information received, from 16 May 2011 to 18 May 2011, Mr. Kedar K.C. was subjected to torture and ill-treatment by police officers with the purpose of extracting a confession. His physical and mental health remains, to date, serious as he has not received adequate medical care.

On 16 May 2011, at around 4 am, Mr. Kedar K.C. was reportedly arrested at his home by three plainclothes policemen from the Metropolitan Police Crime Division (MPCD), Hanumandhok, Kathmandu district, under suspicion of gang robbery. The MPCD officers were reportedly under the command of the Assistance Police Inspector (ASI), Mr. Prushottam Poudel, and supported by an additional police force of eight to nine policemen, including Police Inspector (SI) Madhav Khana, who was under the command of Inspector Bhisma Humagai[1]. The policemen handcuffed Mr. Kedar K.C. and put black glasses on his face before taking him to the MCPD.

During his transfer to the MPCD, Mr. Kedar K.C. was reportedly beaten up on various parts of his body and threatened with drug smuggling charges. At the MPCD, he was taken to the topmost floor, where six policemen were present, including ASI Prushottam Poudel and SI Madhav Khana, and at some point the victim of the robbery. Until 12 pm, Mr. Kedar K.C. was allegedly tortured and ill-treated to extract a confession about a stolen passport. The policemen rolled a wooden stick on his thighs and legs for about 20 -25 minutes after he was forced to lie down on the floor; he was beaten for about two hours on the soles of his feet with plastic pipes; he was forced to stand upside down against a wall and was beaten on the soles of his feet for about 15 minutes; then he was forced to stand on his fours and was beaten on his back, bottom and tight with plastic pipes for about 30 minutes; he also had to jump for about 45 minutes on the floor where the policemen had disposed sticks and every time he felt on the floor, he was beaten with sticks on his legs and arms; and he was threatened to be killed. After being tortured, he was reportedly given some painkillers.

According to the same information, on 16 May 2011, after 12 pm, the police took Mr. Kedar K.C. to his house and started searching. The policemen seized several objects, including a laptop, before bringing him back to the District Police Office (DPO) in Hanumandhok, Kathmandu district, where he was detained[2]. At around 7.30 pm, Mr. Kedar K.C. was taken to the Litigation Section, to a room where he was blindfolded and handcuffed and then again allegedly tortured and ill-treated until 9.30 pm by several police officers including ASI Prushottam Poudel and SI Madhav Khana to get information about the alleged stolen passport.

On 17 May 2011, Mr. Kedar K.C. was informed that he was charged with seven cases. He was also asked to identify his alleged accomplices at the central jail and on the basis of some pictures. When he said he could not identify them, he was reportedly kicked and beaten with a plastic pipe and a stick on various part of his body. He was also forced to jump on the floor for about 10 -15 minutes. Mr. Kedar K.C’s family, who went to the MCPD to give him food, was not permitted to see him.

On 18 May 2011, Mr. Kedar K.C. was taken to Bir Hospital where he was diagnosed with chest problems and was recommended further examination. Despite his request and assurance that he would pay for all the medical expenses, the policemen did not allow him to pass the tests and he was taken back to the DPO.

According to the same information, Mr. Kedar K.C. has been officially charged with gang robbery and, on 4 June 2011, he was remanded for the first time for four days. On 6 June 2011, he was taken to the District Court in Kathmandu and, at his lawyers’ request, the judge issued an order for a physical and mental check up. A medical report was reportedly presented to the court (however, no further information is currently available).

OMCT has also been informed that Mr. Kedar K.C. was threatened with reprisals by Inspector Bhisma Humagai for informing human rights activists about the torture. The International Secretariat of OMCT expresses its deep concern about the safety and the physical and psychological conditions of Mr. Kedar K.C. and urges the competent authorities to guarantee his physical and psychological integrity at all times.

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.

Background information

According to the same information received, Mr. Kedar K.C. had already been arrested in August 2010 for public offence by the same aforementioned MPCD officers. He was reportedly illegally detained in a private house in Sanepa Municipality, in Lalitpur District, for four days before being released but under the obligation to report on due dates until March 2011. In March 2011, during one due reporting, he was reportedly arrested and illegally detained for four days, time during which he was allegedly tortured. He was released on bail but he was only allowed to go in the evening after being forced the whole day to accompany the police to identify alleged criminals. After a few days, the District Administrator Officer (DAO) found him not guilty. Nevertheless, Mr. Kedar K.C. had to report for almost one month during which he was taken to various places to identify suspected criminals.

Action requested

Please write to the authorities in Nepal urging them to:

i.                     Guarantee, in all circumstances, the physical and psychological integrity of Mr. Kedar K.C.;

ii.                   Provide urgent medical care to Mr. Kedar K.C and guarantee full access to all members of his family and his lawyer;

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, in particular the circumstances of the detention of Mr. Kedar K.C. 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;

v.                   Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Mr. Kedar K.C. 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 Mr. Kedar K.C.;

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;

viii.              Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

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, 16 June 2011

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



[1] Inspector Bhisma Humagai was reportedly involved in the torture of Ms. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Gurung on 3 February 2010. See OMCT urgent appeal NPL 230210

[2] MPCD and DPO are sharing the same building in Hanumandhok, Kathmandu district but detention falls under the DPO.

Properties

Date: June 16, 2011
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Nepal
Subjects: Torture and violence

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