Death and allegations of torture and other ill-treatment in police custody, including of two minors_Fear of impunity

Death and allegations of torture and other forms of ill-treatment in police custody, including of two minors

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 death in custody of Messrs. Bikram Gyanmi Magar (19) and Dal Bahadur Gyanmi Magar (42) and the allegations of torture and other ill-treatment suffered by Mr. Sanjay Pulami Magar (30), and two minors, D. K. G. M.[1] (16) (Mr. Bikram Gyanmi Magar’s sibling), and D. M.[2] (17), all residents of Jyamire village, Panchthar district.

According to the information received, on 12 February 2010, at around 9:00 am., Messrs. Sanjay Pulami Magar, Bikram Gyanmi Magar, D. K. G. M. and D. M. were arrested, on suspicion of theft, by a team of policemen commanded by Assistant Sub-inspector (ASI) Filar Mohato from Prangbung Police Post.

The detainees were taken to Area Police Post, Prangbung, where they were reportedly interrogated by ASI Filar Mohato, Constable Indra Narayan Shah and ASI Ganga Maya about stealing water pipes of Gorkha Welfare Society Drinking Water Scheme. During the interrogation, they were allegedly beaten with a regular stick, a bamboo stick and a plastic pipe all over their bodies for about three hours. In order to stop further torture, they reportedly confessed the crime. After that, at around 2:00 pm., they were taken outside where the local villagers were waiting. They had to say that they had accepted their guilt in the pipe stealing.

Shortly afterwards, the villagers reportedly blamed all abovementioned individuals for their involvement in another case of robbery and started beating them in the presence of the police. The police then took them back to the police station and interrogated them on this new alleged case. Once more, the police allegedly tortured them for about half an hour until Mr. Bikram Gyanmi Magar confessed where he had allegedly hidden the stolen money and the gold. He was taken by the police, accompanied by the villagers, to look for it but every time he got to the place where he had said it was, the money was not found and the police accused him of lying and hit him several times. In order to stop the torture, Mr. Bikram Gyanmi Magar reportedly claimed that he had given the stolen money and the gold to his father, Mr. Dal Bahadur Gyanmi Magar.

According to the same information, on 13 February 2010, at around 10:30 am, the police arrested Mr. Dal Bahadur Gyanmi Magar on charges of theft and took him to the Area Police Post, Prangbung where he and his son were allegedly severely ill-treated. As Mr. Dal Bahadur Gyanmi Magar did not confess the crime, a constable from the said police station invited local villagers into the police office premises to beat him until he felt semi-unconscious. The police continued torturing him for another three hours, including by hanging him upside down and beating him continuously until he felt unconscious. He was then reportedly taken outside and was poured with water in order to revive him. As he did not respond, a constable reportedly kicked him on his head and mouth. Mr. Dal Bahadur Gyanmi Magar died at around 4:00 pm. The police, along with some villagers, allegedly prepared a report stating that Mr. Dal Bahadur Gyanmi Magar was epileptic and died due to seizures caused by the stress of the interrogation.

Mr. Bikram Gyanmi Magar’s health also reportedly deteriorated while he was detained and he was taken twice to the district Hospital in Fidim, where he received treatment. However, on the second time, the doctors were not able to treat him, so he was transferred to the BPKIHS hospital in Dharan, where he died on 21 February 2010.

Messrs. Sanjay Pulami Magar, D. K. G. M. and D. M were reportedly released on ordinary bail on 4 March 2010 by the District Court, Panchtar because no sufficient evidence was found against them. They were not provided with any adequate medical assistance, including during their detention. Mr. Sanjay Pulami Magar has visible bruises all over his body (no further information is currently available on the two minors).

According to the latest information received, a police committee has been formed to investigate the abovementioned facts. However, OMCT fears that the investigation will be neither independent nor thorough, thus leaving the perpetrators unpunished

The International Secretariat of OMCT is seriously concerned about the death in custody of Mesrss. Bikram Gyanmi Magar and Dal Bahadur Gyanmi Magar, which seemed to be the result of the acts of torture and ill-treatment suffered, and the allegations of torture and ill-treatment inflicted upon Messrs. Sanjay Pulami Magar, D. K. G. M. and D. M in police custody. OMCT is particularly concerned about the fact that D. K. G. M. and D. M are legally children under international law and should be treated accordingly, which was reportedly not the case.

OMCT recalls that the authorities in Nepal have to fulfill their obligations under international human rights law to protect the right to life. Also, the authorities are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance, inter alia, with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Convention on the Rights of the Child.

As stated by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in his latest report, “detainees are under a particularly high risk of being tortured when held in police custody (…). In order to keep this critical phase as short as possible, international human rights law requires that any person arrested or detained on the suspicion of having committed a crime has to be brought “promptly” before a judge or another officer authorized by law to exercise judicial powers” (§88 A/HRC/13/39/Add.5).

OMCT calls upon the competent Nepalese authorities to implement a prompt, effective, thorough, independent and impartial investigation into the abovementioned facts, the result of which must be made public, in order to identify all those responsible, bring them to trial and apply adequate sanctions. Victims of torture and other forms of 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.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Sanjay Pulami Magar, D. K. G. M. and D. M;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of the death of Mesrss. Bikram Gyanmi Magar and Dal Bahadur Gyanmi Magar and the allegations of torture and other forms of ill-treatment suffered by Messrs. Sanjay Pulami Magar, D. K. G. M. and D. M in police custody, 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. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against Messrs. Sanjay Pulami Magar, D. K. G. M. and D. M as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
4. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victims concerned and/or their family;
5. 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

• Home Minister, Mr. Bhim Rawal, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• 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
• Attorney General, Mr. Bharat Bahadur Karki, Office of Attorney General
• Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• 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
• 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
• 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, 12 March 2010

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

[1] Full name withheld

[2] Full name withhed.