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Violence against women / Urgent Interventions / Nepal / 2010 / December

Nepal: Nepal: Alleged torture and ill-treatment in police custody including sexual abuse, with the purpose of extracting a confession

Case NPL 031210/ NPL 031210.VAW
URGENT CAMPAIGNS/ VIOLENCE AGAINST WOMEN
Alleged torture and ill-treatment, including sexual abuse, with the purpose of extracting a confession/ Lack of adequate medical care/ Fear for safety and 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 a reliable source and Antenna International, a member of OMCT SOS-Torture Network, about the alleged torture and ill-treatment in police custody of Mr. Gyan Bahadur Balami (Gyanu), 36 years old, permanent resident of Burtibang – 6, Baglung district and temporarily living in Padampokhari VDC- 8, Hattigouda, Makwanpur district, his wife, Ms. Hermin Ratu Lama, 33 years old, and Mr. Iman, alias Makar Bahadur Gharti Magar, 41 years old, permanent resident of Bobang-8, Baglung district and temporarily living in Goldhunga, Sundar tole, Kathmandu district. They were allegedly tortured and ill-treated by seven policemen, including one inspector (who was already involved in another case documented by OMCT[1]) and a sub inspector, from the Metropolitan Police Crime Division (MPCD) Hanumandhoka, in Kathamdu.
 
According to the information received, Mr. Gyan Bahadur Balami was the first to be arrested, on 31 October 2010, by about six policemen from the MPCD, Kathamandu at Hetauda Bus Park in Makwanpur district (about 150 km from Kathmandu), on suspicion of robbery and drug smuggling. During his arrest, he was allegedly beaten with sticks, punched and kicked. He was then handcuffed and beaten again for 20 minutes before the policemen blindfolded him and took him in a jeep to a nearby jungle. There, he was dragged out of the car. The policemen allegedly forced his head in-between the roots of a fallen tree and put a pistol into his mouth. He was again beaten randomly on his back, legs, hands and feet. The policemen also allegedly drilled with a sharp wooden stick on his right sole and bent his fingers with the purpose of obtaining information about alleged stolen items. Mr. Gyan Bahadur Balami reportedly confessed to the crime. The policemen then allegedly forced a pistol into his mouth and said “what is your last desire”.
 
Mr. Gyan Bahadur Balami was later taken back to his house. The police seized some money, boots, and jackets. The police also arrested his wife, Ms. Hermin Ratu, who was taken along to Makawanpur District Police Office (DPO). Once at the police station, they were detained in separate detention cells.
 
According to the same information, Mr. Iman (alias Makar Bahadur Gharti Magar) was arrested, on 1 November 2010, also on suspicion of drug smuggling and robbery. During his arrest, five to six unidentified policemen allegedly beat him with sticks, boots and fists on various parts of his body for about half an hour. He was then handcuffed and taken to a nearby jungle. In the car, he saw Mr. Ghan Bahadur Balami whose face and eyes were reportedly swollen. After five minutes drive, the police stopped the jeep, took both of them out of the car and started beating them again while asking questions about the alleged stolen goods and money. Both were then taken to Butwal Area Police Office (APO), before being transferred to DPO Makawanpur. On the way, the police reportedly stopped the car in Bardhaghat and beat them again randomly for about ten minutes each. After approximately 25 minutes drive, they arrived in front of a hotel in Daunne, Nawalparasi district where they received food. Later, they were taken back to the jungle where three unidentified policemen beat them again for about ten to fifteen minutes. At around 10 pm, they reached DPO Makawanpur where they were detained in a cell.

On 2 November 2010, Mr. Gyan Bahadur Balami and Mr. Iman were handcuffed and taken to a room where they saw Ms. Hermin Ratu sitting on the floor covered with dust all over her body. She was reportedly crying and four policemen were standing by her side. Two of the policemen allegedly stepped on her knees, another policeman stepped on her head with his boots and a fourth one beat on the soles of her feet with bamboo sticks. They also poked with a bamboo stick inside her paint and tried to take it off. Mr. Gyan Bahadur Balami tried to intervene but he was allegedly forced to lie on the floor and the policemen started beating him. The police then also started to beat Mr. Iman with bamboo sticks on his hands, thighs and legs for about five minutes.
 
On the same day, the police took Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman to Kathmandu. On the way, one of the policemen reportedly showed them a dead boy without a head on his mobile phone and allegedly threatened to kill them in a similar manner. When they reached Balkhu in Kathmandu, the policemen blindfolded and took them into a house that the police called “safe house”. They were again severely beaten. They were later taken to Metropolitan Police Range (MPR) Kathmandu and then to Kathmandu District Court. They were remanded until 7th December 2010.
 
The International Secretariat of OMCT expresses its deep concern about the torture and ill-treatment, including sexual abuse, inflicted upon Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman in police custody. OMCT fears for their safety as they remain at risk of further violence.
 
OMCT therefore calls on the competent Nepalese authorities to guarantee the physical and psychological integrity of Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman, at all times, in accordance, inter alia, with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. OMCT also urges the Nepalese authorities to immediately put in place protection measures for Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman, including their immediate transfer to another detention centre, where they are not at risk of further torture and ill-treatment, and suspend the policemen believed to be responsible, 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. 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.
 
Finally, OMCT recalls Article 11 of the Convention against Torture which 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” and article 15 of the said Convention, “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:
 
i.        Guarantee, in all circumstances, the physical and psychological integrity of Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman;
ii.        Order their immediate transfer to another detention centre, where they are not at risk of further torture and ill-treatment;
iii.        Grant Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman unconditional access to a lawyer of their choice and their families, as well as guarantee that they are promptly examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
iv.        Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;
v.        Carry out a prompt, effective, thorough, independent and impartial investigation into the reports of torture and ill-treatment, 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;
vi.        Guarantee that no evidence obtained under torture and ill-treatment, or threats thereof, be used in court proceedings against Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
vii.        Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victims concerned;
viii.        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.
 
Addresses
 
Ø      Home Minister,Mr. Bhim Rawal, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
Ø      Inspector General of Police, Ramesh Chand (Thakuri), Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 432, Fax: + 977 1 4 415 593. Email: info@nepalpolice.gov.np
Ø      Attorney General,Mr. Bharat Bahadur Karki, Office of Attorney General
Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
Ø      Chief of Human Rights Cell of police,Mr. Yadav Raj Khanal l, 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.organd 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@ties.itu.int
 
Please also write to the embassies of Nepal in your respective country.
***
Geneva, 3 December 2010.
 
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.


 


[1] See OMCT NPL 230210.

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Date: December 3, 2010
Activity: Urgent campaigns, Violence against women
Type: Urgent Interventions
Country: Nepal
Subjects: Arbitrary arrests and enforced disappearances, Threats, intimidation and harassment, Torture and violence, Women’s rights

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