NPL 160913
Allegations of torture and arbitrary detention/ Risk of impunity
The International Secretariat of the World Organisation Against Torture (OMCT) requests yourURGENT 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 arbitrary detention of Mr. Rabi Shrestha, a 29-year-old permanent resident of Sindhupalchowk district, Thaplangkoti VDC-3 and Mr. Dudhraj Tamang, a 28-year-old permanent resident of Chapakhori VDC-4 Kavre district (both temporarily living in Nakhipot, Lalitpur district).
According to the information received, Mr. Dudhraj Tamang was arrested on 12 August 2013 from Jorpati in Kathmandu by plainclothes policemen and was taken to his apartment in Nakhipot. The policemen searched the place in connection with a gold theft case but reportedly did not find any illegal items. He was then brought along with his roommate, Mr. Rabi Shrestha, to the Metropolitan Police Crime Division (MPCD) Hanumandhoka, where they were detained on suspicion of involvement in a gold theft case. Both denied any wrongdoing.
On 13 August 2013, Mr. Dudhraj Tamang and Mr. Rabi Shrestha were presented to the District Administration Office Babar Mahal (which is a quasi-judicial body) and for the first time remanded for seven days under a charge under the Public Offence Act.
According to the same information received, Mr. Dudhraj Tamang and Mr. Rabi Shrestha were tortured under interrogation, notably by Police Inspector Manjil Mukarung. The police punched them with fists, kicked them with police boots, and slapped hard on every part of their bodies. The torture also included beating with bamboo sticks on the soles of their feet, standing on head and hands, standing on tables with hands up for long hours, looking into electric lights and being suspended with a stick through the knees. They were reportedly tortured for about eleven- twelve days in order to get a confession.
On 3 September 2013, Mr. Dudhraj Tamang and Mr. Rabi Shrestha were brought to the District Administration Office, in Kathmandu. They were asked to deposit NRs. 5000/- each and were then released. However, the police immediately re-arrested them and detained them illegally at Metropolitan Police Range (MPR), Hanumandhoka. They only received an arrest warrant and a detention letter on 6 September 2013, and were remanded on that same day on charges of abduction and hostage. The new complaint against them was reportedly filed on 5 September 2013, two days after they re-arrest. They are still detained at MPR. OMCT fears that they may be at risk of further torture and ill-treatment.
The International Secretariat of OMCT urges the competent authorities to guarantee the safety and physical and psychological integrity of Mr. Rabi Shrestha and Mr. Dudhraj Tamang at all times, notably by putting in place adequate protection measures for them and by suspending the police personnel believed to be responsible for the torture and ill-treatment, pending an investigation. OMCT further 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 Article 11 of the Convention against Torture 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”.
OMCT is also concerned about the circumstances of their arrest and detention, and urges the authorities to immediately release them in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, to bring them promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times, notably unconditional access to their lawyers.
In this regards, OMCT recalls article 15 of the Convention against Torture, which stipulates, “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:
Addresses
Please also write to the embassies of Nepal in your respective country.
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Geneva, 16th September 2013
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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