Alleged torture and ill-treatment with the purpose of extracting a confession inflicted on Mr. Sahaj Ram Thura

Torture and other forms ofill-treatment in police custody with the purpose ofextracting a confession/ Fear for safety/ Risk ofimpunity

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

Brief description of thesituation

TheInternational Secretariat of OMCT has beeninformed by a reliable source and Antenna International, a member organisationof OMCT SOS-Torture Network, about the alleged torture and ill-treatment withthe purpose of extracting a confession inflicted on Mr. Sahaj Ram Thura,19-year-old and permanent resident of Khajurkhurd VDC-1, Jogambharia, Bankedistrict.

Accordingto the information received, on 20 February 2011 at around 10am,Mr. Sahaj Ram Thura was arrested by the Banke District Police Office (DPO)under the allegation of donation extortion[1].He was only given an arrest warrant and a detention letter on 22 February 2011.The following day, on 23 February 2011, he was taken to the office ofthe public prosecutor and remanded for the first time for ten days under abductionand hostage charges. He was again remanded for then days, on 1 March 2011, and he remains currently detained in Banke DPO. Mr. SahajRam Thura has access to lawyers and he is allowed visits of his family.

Itis reported that, on 21 February 2011 at around 12 am, several unidentifiedpolicemen took Mr. Sahaj Ram Thura to the upper floor of the DPO, Banke,blindfolded him and started to interrogate him after he was forced to lie onthe floor. During the interrogation, the policemen allegedly kicked on hischest with their boots. When Mr. Sahaj Ram Thura replied that he did not extortdonation, the policemen reportedly beat with sticks on the soles of his feetfor several times. Due to the alleged acts, he fell unconscious. The policementhen brought him round by sprinkling water on his face and made him to jump onthe floor for a while before bringing him back to the cell.

Accordingto the same information, the same day at around 10 pm, several unidentifiedpolicemen took Mr. Sahaj Ram Thura back to the same room on the upper floor ofthe DPO in Banke, blindfolded him and forced him to lie on his back. Sixpolicemen then caught his hands, his legs and his head in order to restrict hismovements while other policemen poured water into his nose and mouth for abouttwo to three minutes. Once more, Mr. Sahaj Ram Thure denied any wrongdoing. Onthe next day, on 22 February 2011, at around 5 pm, the policemen repeated thesame acts but Mr. Sahaj Ram Thura continued to deny the allegations madeagainst him. It is reported that due the acts of torture and ill-treatment, hesuffers of chest pain, swollen arms and problems of respiration. He wasreportedly taken to the hospital, on 22 February2011,where he was examined and prescribed medicines.

TheInternational Secretariat of OMCT expresses its deep concern about theallegations of torture and other forms of ill-treatment inflicted upon Mr. Sahaj Ram Thura in policecustody and fears for his safety as he remains detained under the same policecontrol.

OMCT recalls thatthe authorities are legally bound to effectively ensure the physical andpsychological integrity of all persons deprived of liberty in accordance withinternational human rights law, and in particular, the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and theInternational Covenant on Civil and Political Rights.

OMCT recalls that, in line with their obligationsunder the abovementioned treaties, it is incumbent on the competent Nepaleseauthorities to consider seriously any allegations of torture and other forms ofill-treatment, and to undertake a prompt,effective, thorough, independentand impartial investigation in thisregard, in order to identify all those responsible, bring them to trial andapply adequate sanctions.

Finally, OMCT recalls Article 11 of the Convention against Torture which stipulates that “EachState Party shall keep under systematic review interrogation rules,instructions, methods and practices as well as arrangements for the custody andtreatment of persons subjected to any form of arrest, detention or imprisonmentin any territory under its jurisdiction, with a view to preventingany cases of torture” andarticle 15 of the said Convention, “Each State Party shall ensure that any statement which is establishedto have been made as a result of torture shall not be invoked as evidence inany proceedings (…)”.

Actionrequested

Please write to the authorities in Nepal urging themto:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Sahaj Rum Thuna;

ii. Orderhis immediate transfer to another detention centre, where he is not at risk offurther torture and ill-treatment;

iii. Guarantee unconditional access to his lawyer andfamily, as well as guarantee that he is examined by independent doctors andreceives adequate medical care if necessary, in accordance, inter alia, with the recommendations ofthe UN Standard Minimum Rules for the Treatment of Prisoners;

iv. Order hisimmediate release in the absence of valid legal charges that are consistentwith international law and standards, or, if such charges exist, bring himpromptly before an impartial, independent and competent tribunal and guaranteehis procedural rights at all times;

v. Carry out aprompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the circumstancesof the detention of Mr. Sahaj Rum Thuna and the allegations of torture andill-treatment, in accordance with international human rights standards, the result of which mustbe made public, in orderto bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;

vi. Guarantee that no evidence obtained under tortureand other forms of ill-treatment, or threats thereof, be used in courtproceedings against Mr. Sahaj Rum Thuna as stipulated in Article 15 of the UN Convention Against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment;

vii. Ensure that adequate,effective and prompt reparation, including adequate compensation, is granted tothe victim;

viii. Ensurethe respect of human rights and fundamental freedoms throughout the country inaccordance with national laws and international human rights standards, inparticular ensure that all acts of torture, and cruel, inhuman and degradingtreatment and punishment are clearly defined in law as offences in accordancewith the provisions set out in Articles 1, 4 and 16 of the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and thatthey be made punishable with appropriate penalties which take into account thegrave nature of the crimes as required.

Addresses

Ø 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, Fax: +977 1 4415 593. Email: info@nepalpolice.gov.np

Ø Attorney General, Mr. Yuv RajSangraula, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: +9771 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np

Ø DSP Bishwa Adhikari, HumanRights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 14415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairman of the National HumanRights 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 laServette, 1201 Geneva, Switzerland,Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int

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

***

Geneva, 11 March 2011

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

[1] Mr. Sahaj Ram Tharuwas reportedly first handed to the police by an acquaintance who accused him ofdonation extortion which Mr. Sabaj Ram Tharu has denied. The police thensuspected him to be part of an armed outfit active in the Southern Terai region and which isinvolved in abduction and donation extortion. The police subsequently filed acase against him under abduction and hostage charges. However, according to thesame information, there is no evidence against him.