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Urgent campaigns / Urgent Interventions / Nepal / 2011 / August

Nepal: Torture and ill-treatment in custody of Mr. Nijamiddin Sekh with the purpose of extracting a confession_Fear for his safety

NPL 050811

Torture and other forms of ill-treatment in custody with the purpose of extracting a confession/ 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 and alleged torture and ill-treatment inflicted on Mr. Nijamiddin Sekh (alias Bablu), a 21-year-old carpenter and permanent resident of Nepalgunj Municipality-16, Banke district, by police officers with the purpose of extracting a confession.

According to the information received, from 21 July 2011 to 22 July 2011, Mr. Nijamiddin Sekh was subjected to torture and ill-treatment by police officers of the District Police Office (DPO), Banke on suspicion of being involved in an abduction case[1].

On 21 July 2011, at around 8.30 am, Mr. Nijamiddin Sekh was reportedly arrested in front of the Nepalgunj Nursing Home, Nepalgunj, Banke district, by the DPO police officers and transferred to a room on the DPO top floor. The police officers allegedly wanted him to confess the abduction but as he denied and tried to leave the room Police Officer Ashok Yadav allegedly kicked him with his boots in the face. Mr. Nijamiddin Sekh was then handcuffed on his back, blindfolded and left alone in the room without food or water.

According to the same information received, Mr. Nijamiddin Sekh would not remember how long he was left alone. However, he supposes that he was left alone till it was dark. Then, four or five police officers came and again wanted him to admit his involvement in the abduction. Mr. Nijamiddin Sekh denied his involvement in this case. He was then brought to a place where he was laid down and the police officers reportedly started beating him with their sticks, punched him with fists and kicked him with their police boots. They allegedly tortured him for about one hour and interrogated him on the abduction case, before leaving him again alone for a while. Afterwards four or five policemen came, took him and brought him somewhere else, still blindfolded and handcuffed. They allegedly kept him on something and then pushed him in the back so he fell down from a high place. Mr. Nijamiddin Sekh fell unconscious and was brought to the Kohalpur Medical College hospital, Banke district, where he was examined. Shortly after, he was reportedly made to sleep in a police van while the police drove to a big house (not identified). Mr. Nijamiddin Sekh was kept inside the van. The police then took his thumb stamps on some papers without his consent. He was reportedly taken back to the hospital after he fell anew unconscious. At the hospital, he was not allowed to inform his family about his whereabouts. Mr. Nijamiddin Sekh’s father eventually found his son at the hospital four days after his arrest.

Superintendent of police, Dinesh Amatya, of DPO Banke, reportedly denied that the police inflicted any torture on Mr. Nijamiddin Sekh, but instead alleged that this latter hurt himself by falling from a two-storied building while he tried to escape from the police.

Mr. Nijamiddin Sekh was remanded a second time, for ten days on 26 July 2011. On 28 July 2011, he was granted a medical check up by the District Court Registrar Dilli Ratna Shrestha, after his father filed an application under the Torture Compensation Act. He is currently being treated at the Kohalpur Medical College. He suffers, among others, of a broken lumbar vertebra, blue and red marks on his left sole of foot, a swollen lip and scratches on his chest. Mr. Nijamiddin Sekh`s father also filed a complaint, on 26 July 2011, with the National Human Rights Commission (NHRC) in relation to the allegations of torture and ill-treatment.

The International Secretariat of OMCT expresses its deep concern about the allegations of torture and ill-treatment inflicted upon Mr. Nijamiddin Sekh and 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. Nijamiddin Sekh;

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. Nijamiddin Sekh, 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. Nijamiddin Sekh 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      Deputy Prime Minister and Minister of Home Affairs, Mr. Narayan Kaji Shrestha, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: + 9 77 1 421 1211 / + 9 77 1 421 1264, Fax: + 977 1 42 11 232

Ø      Inspector General of Police, Rabindra Pratap Shah, 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. Yuba Raj Sangraula, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: + 977 1 4262582, Email: attorney@mos.com.np , info@attorneygeneral@gov.np , socialjus@gmail.com

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@bluewin.ch

Please also write to the embassies of Nepal in your respective country.

***

Geneva, 5 August 2011

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



[1] The allegation concerned the abduction of two persons from Nepalgunj. 

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Date: August 5, 2011
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Nepal
Subjects: Torture and violence

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