Alleged extrajudicial killing of Mr. Madan Yadav by police in Dhanusha district

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 organisation of OMCT SOS-Torture Network, about the alleged extrajudicial killing of Mr. Madan Yadav, a 27-year-old farmer and activist of the Nepal Communist Party-United Marxist & Leninist (NCP- UML). Mr. Madan Yadav was a permanent resident of Makhanaha VDC- 8, Dhanusha District.

According to the information received, on 3 July 2010, a Police Inspector in plain clothes and about nine policemen from the Area Police Office Savaila arrived at Mr. Madan Yadav’s house and asked for him. The policemen then forcefully entered the house, without presenting a warrant, and when they found Mr. Madan Yadav in one of the rooms, they reportedly brought him out of the house while at the same time beating him. When Mr. Madan Yadav’s brother asked the policemen what was happening, the Police Inspector reportedly said that they caught Mr. Madan Yadav with a pistol. They continued to slap him in front of the villagers who had gathered in front of the house while taking him to their vehicle, a white Bolero jeep parked outside the house. Then, they left driving north-west, to Baluwa River, which is located approximately three kilometres away from Mr. Madan Yadav’s house. According to the same information, since the moment of his arrest till he was taken into the car, Mr. Madan Yadav was repeatedly beaten with fists and boots at his back, thighs and chest.

Once at the bank of Baluwa River, Mr. Madan Yadav was reportedly shot dead by the aforementioned policemen. His family subsequently went to the District Police Office (DPO), Dhanusha to file a First Information Report (FIR) but the Police Superintendant in charge allegedly refused to register the complaint as long as the inquiry committee formed under the regional police office did not submit its report. As of issuing this urgent appeal, no information could be obtained on the aforementioned committee. OMCT is concerned that the investigation into the circumstances surrounding Mr. Madan Yadav’s killing may not be conducted independently, thoroughly and impartially.

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.

Accordingly, OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the killing of Mr. Madan Yadav, 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.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Madan Yadav’s family;


2. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the circumstances of the killing of Mr. Madan Yadav, in accordance with international human rights standards, inter alia, with 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;


3. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victim’s family;


4. 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. Sarbendra Khanal, 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 and 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, 19 August 2010

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