Allegations of torture of a minor boy, A.D.F. (name withheld), in Banke district

CHILD CONCERN

Allegation of torture andill-treatment/ Risk of impunity/ Risk of Police reprisals

The International Secretariat of the WorldOrganisation Against Torture (OMCT)requests your URGENT intervention in the following situation in Nepal.

Brief description of the situation

TheInternationalSecretariat of OMCT has been informed by Advocacy Forum, a member of OMCTSOS-Torture Network, about the allegations of torture of a minor boy, A.D.F.(name withheld), 15 yearsold, in Basdevpur, Futaha, Banke district. OMCT fears for the safety of A.D.F.

According to the information received, on 19 February2013 at around 3 am, about nine policemen forcefully opened the door andentered in A.D.F.’s house and arrested him. A.D.F. was put in a police van and wastaken to District Police Office (DPO), Banke. In the police van on the way toDPO, Banke, one unidentified policeman from Tharu community kicked A.D.F. on hisback with police boots and beat him with a bamboo stick on his shoulders. Whilekicking and beating him the police asked him if he was involved in the robberycase of Surkhet road. A.D.F. informed that he did not know anything about thatcase.

A.D.F. was detained in a detention cell at DPO, Bankewhere he met some other boys whom he knew already. He came to know they hadgiven his name to the police. A.D.F. was also detained with adults at the DPO. On20 February 2013 his case was made public through a press conference.

According to the same information received, at aroundnoon on 19 February 2013 a policeman named “David” handcuffed A.D.F. and took himto Ward Police Office, Fultekra, Nepalgunj, Banke where he was blindfolded witha piece of cloth and taken to a room. While being blindfolded, A.D.F. could seethat “David” had a stick on his hand and later A.D.F. heard other three or fourvoices also in the room. They forced him to kneel and “David” beat hard on hislegs with the stick. While beating, the policeman reportedly asked him aboutSurkhet road’s robbery case and from where he had got a pistol. When A.D.F.pleaded his innocence and explained that he did not have a pistol, he was againbeaten with a stick and kicked with police boots. A.D.F. was tortured for abouthalf an hour. When the pain got severe A.D.F. reportedly accepted allallegations against him.

At around 5 pm on the same day, A.D.F. was transferredback to DPO, Banke. The same evening two unidentified policemen took him to thetop of DPO, Banke, where about five other unidentified policemen were sittingon chairs. They handcuffed A.D.F. and forced him to lie down on the floor. Subsequently,two policemen beat on the soles of A.D.F.’s feet with bicycle pump's pipe forabout twenty-five to thirty times. They also asked A.D.F. the same questions relatedto the robbery case. They kicked him with police boots on various parts of hisbody, punched and slapped on his chest and cheeks asking him the questions.They tortured A.D.F. there for about half an hour and then A.D.F. was detainedin a detention cell.

A.D.F. was taken to a hospital for a medical checkupbut the doctor did not ask him whether he had been tortured.

On 20 February 2013, at around midnight, the policeman“David” brought A.D.F. out from the detention cell, caught on his breasts andpulled him up. Due to the severe pain, A.D.F. cried. The policeman jumped andkicked on A.D.F.’s stomach with police boots for three times and kicked a roundkick on his waist once. The policeman reportedly said, "now your legswon't cure for one year. If you share the information of torture with othersand I lose my job, I will not leave you at any cost."

Only two days after A.D.F.’s detention, on 21 February2013, he was brought before the court and he was given an arrest warrant. Onthe same day, he was remanded, for the first time, for seven days; on 28February 2013, for the second time, for ten days; and on 09 March 2013, for thethird time, for ten days. As no weapon (arms and ammunition) was found withhim, he was charged of drug abuse. At the time of issuing this urgent appeal, A.D.F.was detained at DPO, Banke. He was under threat of further torture.

OMCT is gravely concerned for the safetyof A.D.F. and urges the relevantauthorities to take all necessary measures to guarantee his physical andpsychological integrity, at all times, in accordance with international law, inparticular the UN Convention Against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, the International Covenant on Civil andPolitical Rights and the Convention on the Rights of the Child.

OMCT recalls that the arrest anddetention of juveniles should “be used only as a measure of last resort and for theshortest appropriate period of time” (article 37-b of the UN Convention on theRights of the Child). OMCT also recalls, that "every child deprived ofliberty shall be treated with humanity and respect for the inherent dignity ofthe human person, and in a manner which takes into account the needs of personsof his or her age" (article 37-c of the UN Convention on the Rights of theChild).

Actions Requested

Please write to theauthorities in Nepal urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of A.D.F., his family members and the lawyers working on thecase;

ii. Immediately put in place adequate protection measures for A.D.F.;

iii. Order his immediate release in the absence ofvalid legal charges that are consistent with international law and standards,or, if such charges exist, bring him promptly before an impartial, independentand competent tribunal and guarantee his procedural rights at all times;

iv. Guaranteeto him the respect of his rights in accordance with international juvenilejustice law and standards;

v. Guaranteethat he is kept separately from adults detainees;

vi. Carry out a prompt, effective,thorough, independent and impartial investigation into these events, notably the allegationsof torture and other ill-treatment, the result of which must be made public,in orderto bring those responsiblebefore a competent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law;

vii. Guarantee that no evidence obtained under tortureand other forms of ill-treatment, or threats thereof, be used in courtproceedings against him as stipulated in Article 15 of the UN ConventionAgainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

viii. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation, is granted tothe victim concerned;

ix. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards,notably the UN Convention Against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, the International Covenant on Civil andPolitical Rights and the Convention on the Rights of the Child.

Addresses

Ø PrimeMinister, Dr. Baburam Bhattarai, Office of the Prime Minister and Council ofNepal, Singha Darbar, Kathmandu, Nepal, Fax: + 977-1-4211286, Email: info@opmcm.gov.np

Ø InspectorGeneral of Police, Mr. Kuber Singh Rana, Police Head Quarters, Naxal,Kathmandu, Nepal, PO. Box No.: 407, Fax: + 977 1 4 415 593, Email: info@nepalpolice.gov.np

Ø AttorneyGeneral, 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 Chairman ofthe National Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck,Lalitpur, Nepal; Email: nhrc@nhrcnepal.org ; complaints@nhrcnepal.org Fax: + 977 1 5547973

Ø Permanent Mission of Nepal, 81 rue de laServette, 1201 Geneva, Switzerland,Fax: + 4122 7332722, E-mail: mission.nepal@bluewin.ch

Please also write to the embassies of Nepal in yourrespective country.

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Geneva, 21 March 2013

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