NPL 240811
Torture and ill-treatment in police custody with the purpose of extracting a confession/ Fear for the 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.
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 torture and ill-treatment in custody of Ms. Harkali Pun, 49 years old and permanent resident of Motipur VDC-6, Mangalpur, Bardiya district. OMCT remains concerned about her safety and the delays in initiating an effective investigation into the aforementioned allegations.
According to the information received, on 12 July 2011, Ms. Harkali Pun was travelling to Rupaidiya, India, in company of two women who were allegedly going to New Delhi, when she was handed over by two staff of an NGO working against women trafficking to the Jamunaha Police Office, Banke district, near the Indian border, on suspicion of human trafficking. Ms. Harkali Pun was reportedly only given an arrest warrant and a detention letter on 14 July 2011, with effect from the previous day.
According to the same information, four to five hours after Ms. Harkali Pun’s arrest, she was transferred to District Police Office (DPO), Banke and detained in a cell. At around midnight, she was brought by a police woman into a room on the first floor where three policemen and one police women were sitting. An unidentified police officer, probably a police inspector, then ordered the two police women to beat Ms. Harkali Pun and all the other policemen left the room. The two constables named Bhagwati and Rajheni (no further information) allegedly started to beat Ms. Harkali Pun by turn with a three inch thick and one meter long wooden stick on her palms, arms, back, bottom, thighs, legs, soles of her feet and other parts of her body. They ordered her to stretch her legs and one of the constables sat on her legs while the other beat on the soles of her feet. The two police constables then reportedly asked Ms. Harkali Pun for her son’s and daughter’s phone numbers and said that they would charge them too. They also interrogated her about the alleged trafficking. She was reportedly tortured for about two hours before she was taken to her house in a police van. There, the police talked to her daughter and then brought her back to DPO, Banke. Once at the detention centre, she was not allowed to see her children and the lawyer who had come with her children.
According to the same information, on 23 July 2011, Ms. Harkali Pun was reportedly taken to Bheri Zonal Hospital for her medical check-up. She was diagnosed with a fractured right hand and was recommended to have it plastered. Her broken hand was reportedly swollen and her left hand showed blue marks of torture and had three twisted fingers. Her feet were also reportedly swollen and she complained of pain all over her body. The police then asked if she had money. As she only had 500.- Nrs, the money was used only for an x-ray of her broken hand and to buy some pain killers. One of the police women then reportedly ordered Ms. Harkali Pun to tell that her hand had been broken by slipping from a staircase.
On 24 July 2011, Ms. Harkali Pun’s daughter reportedly filed, on behalf of her mother, a physical and mental check-up application before the District Court, Banke under the Torture Compensation Act – 2053, Section 5, sub-section 3[1]. The same day, the District Court, Banke ordered the DPO, Banke to provide a medical check-up to the applicant within three days and to submit the documents related to her case, including medical reports. The police subsequently took Ms. Harkali Pun, on 25 July 2011, to the hospital for the medical check-up but no medical treatment was reportedly provided to her.
According to the same information, on 28 July 2011, activists handling Ms. Harkali Pun’s case met with Superintendent of Police (SP) Dinesh Amatya to inquire about the allegations of torture and the denial of adequate medical care. The police officer reportedly denied the allegations and added that Ms. Harkali Pun’s hand might have got broken during the arrest. However, during discussions with other police officers of the DPO, these latter acknowledged that Ms. Harkali Pun’s hand was fractured and added that there was no money to cover her medical expenses.
On 28 July 2011, Ms. Harkali Pun was reportedly again brought to the District Court to extend her remand but the Registrar refused the extension as the police did not provide the medical report in accordance with the 24 July court order. She was eventually taken, on 31 July 2011, to the Western and Research Center Hospital where her fractured hand was plastered and where she was prescribed medicines. She was transferred to District Jail on 7 August 2011, where she remains detained pending trial. To date, no effective investigation has been reportedly carried out into the allegations of torture and ill-treatment.
The International Secretariat of OMCT expresses its deep concern about the torture and ill-treatment of Ms. Harkali Pun and the delays in providing her with prompt and adequate medical care. OMCT urges the competent authorities to guarantee her 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 also 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 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.
Action requested
Please write to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Harkali Pun, her family and the lawyers working on her case;
ii. Grant Ms. Harkali Pun full access to her lawyers and her family, as well as guarantee that she receives adequate medical care if necessary, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
iii. Order her immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring her promptly before an impartial, independent and competent tribunal and guarantee her 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 Ms. Harkali Pun 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 Ms. Harkali Pun 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 Ms. Harkali Pun;
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 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.
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Geneva, 24 August 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] “In case any adult member of the family of a detainee, or his attorney, feels that the detainee has been tortured, he may file a petition to the appropriate district court. In case such a petition is received, the court may issue an order for the examination of the physical or mental condition of the detainee within three days. If, in the course of such examination, it is found that treatment is necessary, such treatment shall be made available by the government.”
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