NPL 050712
Death threats after filing a torture compensation case/ 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 Advocacy Forum (AF), a member organisation of OMCT SOS-Torture Network, about the death threats received by Mr. Dev Lal Mukhiya, a 36-year-old marble paver, and his wife Ms. Ram Biraji Devi Mukhiya, 37 years old, permanent residents of Goth Koyelpur VDC-5 in Dhanusha district (about 123 km south east from the capital Kathmandu) for having filed a torture compensation case against a police officer. OMCT is gravely concerned about their safety and physical and psychological integrity.
According to the information received, on 16 June 2012 at about 12:30 pm, Mr. Dev Lal Mukhiya received a phone call from an unknown person who told him that he needed a marble paver for his new house. Mr. Dev Lal Mukhiya was asked to meet this person on the same day near Kalanki temple, at Kalanki, Kathmandu. There, three individuals were reportedly waiting for him in a taxi and he was taken to a village, near a river below Thankot in Kathmandu district. Two other individuals followed the taxi on a motorbike. When they arrived in the village, he was taken out of the taxi and the five individuals started to ask him why he had filed a torture compensation case against their friend, referring to the case that his wife, Ms. Ram Biraji Devi Mukhiya, had filed under the Torture Compensation Act (1996) against Assistant Sub-Inspector of Police Dev Kumar Raut alias Deep Kumar before the District Court of Dhanusha, on 22 March 2012 (see background information).
According to the same information, Mr. Dev Lal Mukhiya was asked whom he had asked for support before filing the case. The individuals then reportedly started to beat him randomly all over his body. They allegedly said “We give you a week’s time to withdraw the case” and then kept kicking and punching him with their fists until he fell unconscious. When he woke up, he was reportedly again beaten for about half an hour while being asked why he had filed a case against a police officer and was told to withdraw the case within one week or face consequences. They stopped beating Mr. Dev Lal Mukhiya when his phone started to ring.
Later, on 2 July 2012, Ms. Ram Biraji Devi Mukhiya received four threatening phone calls from an unknown caller with the number 977 9817728411. The caller allegedly verbally abused her and threatened to kill all her family members if she did not withdraw the aforementioned case.
The International Secretariat of OMCT expresses its deep concern about the safety and physical and psychological integrity of Ms. Ram Biraji Devi Mukhiya and Mr. Dev Lal Mukhiya. OMCT urges the competent authorities to guarantee their physical and psychological integrity at all times, notably by immediately putting in place adequate protection measures for them, and by suspending the policemen believed to be responsible for the allegations of torture and ill-treatment, pending an investigation.
OMCT recalls that Nepal is a State party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights, which both prohibit torture and ill-treatment. In line with their obligations under these treaties, it is incumbent on the competent 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.
OMCT also recalls that victims of torture and ill-treatment must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.
Background information
According to the information received, on 8 March 2012, Ms. Ram Biraji Devi Mukhiya was arrested without any arrest warrant at her house by Assistant Sub-Inspector of Police Dev Kumar Raut alias Deep Kumar who was accompanied by two unidentified armed policemen and a man called Ramprit Chaudhary. Assistant Sub-Inspector of Police Dev Kumar Raut was reportedly looking for Ms. Ram Biraji Devi Mukhiya’s brother-in-law because of a land dispute with Mr. Ramprit Chaudhary. When Ms. Ram Biraji Devi Mukhiya informed them that her brother-in-law did not live in the same house and asked them why they came back to her house (Assistant Sub-Inspector of Police Dev Kumar Raut and Mr. Ramprit Chaudhary reportedly already came to her house on 7 March 2012 to ask the same question), Assistant Sub-Inspector allegedly got angry and verbally abused her. He then arrested her and took her to the Area Police Office, Chorakoila where she was reportedly punched on the left side of her forehead and slapped several times on her left cheek. She was later released when her husband, Mr. Dev Lal Mukhiya, came to the police station. He brought her to the Janakpur Zonal Hospital for medical treatment. On 22 March 2012, she filed a torture compensation file against Assistant Sub-Inspector of Police Dev Kumar Raut before the Dhanusha District Court.
Action requested
Please write to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Ram Biraji Devi Mukhiya and Mr. Dev Lal Mukhiya, their family members and the lawyers working on the case;
ii. Immediately put in place adequate protection measures for Ms. Ram Biraji Devi Mukhiya and Mr. Dev Lal Mukhiya, as well as their family members;
iii. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the allegations of torture and ill-treatment and the death threats, 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;
iv. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victims concerned;
v. 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 (which is not the case under the 1996 Torture Compensation Act);
vi. 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. Bijaya Kumar Gacchedar, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: + 977-01-4211208 / + 977-01-4211214, Fax: + 977-1-4211257 / 4211286, Email: gunaso@moha.gov.np
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. Mukti Nath Pradhan, 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 ; complaints@nhrcnepal.org Fax: + 977 1 5547973
Ø Head of the Human Rights Unit, Office of the Prime Minister and Council of Ministers, Singh Darbar, Kathmandu, Nepal. Tel: + 977-01-4211000, P. O. Box: 23312, Email: info@opmcm.gov.np
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, 5 July 2012
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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