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Urgent campaigns / Urgent Interventions / Nepal / 2013 / September

Nepal: Alleged torture and killing in police custody of Mr. Ram Sewak Dhobi, a 30-year-old permanent resident of Asuraina VDC-06

NPL 040913

Allegations of torture to death in police custody/ 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 Advocacy Forum (AF), a member organisation of OMCT SOS-Torture Network, about the alleged torture and killing in police custody of Mr. Ram Sewak Dhobi, a 30-year-old permanent resident of Asuraina VDC-06, Parshawa Village, Rupandehi district.

According to the information received, on the 12th of August 2013, Mr. Ram Sewak Dhobi went to a local liqueur shop, near to Area Police Office (APO), Marchbar, and spent some time there. Around 2 pm, he went to another liquor shop where, as stated by some witnesses to the family, he had a discussion with several policemen who arrested him subsequently. The police later denied holding Mr. Ram Sewak Dhobi.

In the morning of the 13th of August 2013, Mr. Ram Sewak Dhobi was found dead in a paddy field about 500 meter north from APO, Marchbar, Rupandehi district. At around 5.40 am, local residents found Mr. Ram Sewak Dhobi’s dead body drown up-to neck and the face covered with a plastic. Consequently they informed Mr. Ram Sewak Dhobi’s family members and the police. Family members and local villagers stated that his chest was covered with blue marks that looked like marks of boots and sticks, he had a blue marked and swollen throat, blue marks turned into black on both armpits were noticeable, the right eye was fully damaged, blood oozed out from mouth, ears, nose and eye, and marks of rope on wrists and legs were visible. His family attributes these bruises to police torture.

According to witnesses present at the scene, the police did not conduct an investigation of the incident place; neither did they take the dead body for post-mortem. On the contrary, they reportedly forced the family members and villagers to cremate the body by burning, although according to the village’s custom, unmarried people are buried. The police allegedly provided cutting wood machines and axes to cut a tree nearby and later on 13th of August, the family and local villagers cremated the body. According to the police, the family did not want to keep any record of the case because they said Mr. Ram Sewak Dhobi was a drunkard and might have died due to drowning.

The same evening, two policemen reportedly visited Mr. Ram Sewak Dhobi’s family’s house and asked his family members to sign a document without reading it. When they refused to sign the paper, the policemen allegedly threatened them.

On the 25th of August 2013, local people visited the APO, Marchbar demanding an independent investigation into the case and action against the perpetrators but the police reportedly charged and shoot rubber bullets and tear gas at them. Nine people were injured during the incident.

The International Secretariat of OMCT is gravely concerned about the circumstances surrounding the death of Mr. Ram Sewak Dhobi and calls upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of these events, notably the allegations of torture and death in custody, in accordance with international human rights standards, such as the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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 also expresses its concern over the threats received by Mr. Ram Sewak Dhobi’s family members and urges the competent authorities to guarantee their safety at all times.

OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right to life and 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 these rights.

Action requested

Please write to the authorities in Nepal urging them to:

i.               Guarantee, in all circumstances, the physical and psychological integrity of Mr. Ram Sewak Dhobi’s family;

ii.              Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, 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;

iii.            Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to Mr. Ram Sewak Dhobi’s family;

iv.            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 Mr. Hkil Raj Regm, Chairperson of the Interim Council of Ministers Office of the Prime Minister and Council of Nepal, Singha Darbar, Kathmandu, Nepal, Fax: + 977-1-4211286, Email: info@opmcm.gov.np

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

Ø Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org ; 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, 4th September 2013

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

Properties

Date: September 4, 2013
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Nepal
Subjects: Summary executions, extrajudicial killings, Torture and violence

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