NPL 160812
Allegation of torture and ill-treatment/ No proper investigation/ 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 alleged torture and ill-treatment inflicted on Mr. Dipen Limbu, an 18-year-old student and resident of Sanischare VDC-7, Naya Buspark, Jhapa district, by the police. OMCT is concerned that, to date, no proper investigation has been reportedly carried out into the aforementioned allegations.
According to the information received, on 20 July 2012 at about 7 pm Mr. Dipen Limbu was playing games on his mobile phone in front of the Angry Boy Hotel, nearby his home, when Assistant Sub Inspector (ASI) Ram Kumar Sherpa from Temporary Police Station Sanischare (identified by Mr. Limbu) arrived with other two unidentified policemen in plain clothes and asked him why he was sitting in front of the hotel. He was taken inside the hotel after he responded that he was waiting for some friends. There, he was ordered to sit on his knees. The policemen then reportedly punched him on his head with their fists and kicked him randomly with their boots on his back. They continued to kick on his head and other parts of his body when he fall on the floor. They also kicked him with sticks accusing him of extorting money from businessmen. When Mr. Limbu reportedly wanted to know more about the extortion allegations, the policemen continued beating him. He was then forced to lie down on the floor on his stomach while they continued beating him.
According to the same information, Mr. Dipen Limbu was then taken to Area Police Office (APO) Birtamod in a police van. He was allegedly kicked during the transfer and, once at the APO, he was slapped and beaten with a black plastic pipe and rubber belt turn by turn by about four policemen for about five minutes while being forced to sit on his knees. He was then taken to Kankai Hospital, Birtamod for a medical check-up. However, according to Mr. Dipen Limbu, the doctor only asked him if he had comsumed alcohol and did not ask him anything about the marks on his body. He was later brought back to APO Birtamod where he was detained for two days without any charges. He was released on 22 July 2012.
According to AF lawyers who met Mr. Dipen Limbu on 22 July 2012, they observed several wounds and marks on several parts of his body. Mr. Limbu also complained of neck pain and headache due to the kicking. On 24 July 2012, he went to Mechi Zonal Hospital for a medical examination after a court order was issued. The medical report has not yet been released.
The International Secretariat of OMCT expresses its deep concern about the safety and physical and psychological integrity of Mr. Dipen Limbu. OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment, 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.
OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.
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.
Action requested
Please write to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Dipen Limbu, his family and the lawyers working on the case;
ii. Immediately put in place adequate protection measures for Mr. Dipen Limbu pending investigation;
iii. Carry out a prompt, effective, thorough, independent and impartial investigation into 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;
iv. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to Mr. Dipen Limbu;
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).
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, 16 August 2012
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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