Fear for safety after filing a torture compensation case

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 threats faced by 34-year-old Mr. Kamal Pun, resident in Myagdi district Pakhapani VDC ward no. 1 and owner of a small restaurant, after filing a torture compensation case with the Parbat district Court on 1 August 2008.

According to the information received, on 15 July 2008 at 10pm, Mr. Kamal Pun was arrested in Majphat VDC Beni by five policemen of temporary Police Station Beni, Parbat district, after a fight had broken out in which he was involved. He was reportedly drunk at the time. During his arrest, he was allegedly beaten with bamboo stick, gun-butt, kicked and punched on different parts of his body.

According to the same information, Mr. Kamal Pun was then taken to temporary Police Station Beni, Parbat district, where he was allegedly subjected to torture and ill-treatment. He would have been again beaten on different parts of his body, not only with bamboo stick but also with an iron-chair. After a while, Mr. Kamal Pun reportedly fainted and when he recovered he was handcuffed. He was reportedly taken to Myagdi district hospital. However, Mr. Kamal Pun would have been only administered a painkiller and not provided with adequate medical care. He was then taken back to the police station where he was detained the night.

On 16 July 2008 in the morning, Mr. Kamal Pun was requested to settle the dispute (with the other person involved in the fight) and was asked to pay Rs.500 for the broken iron chair. He was then released without charges and later hospitalized in the emergency ward at Myagdi district hospital where multiples fractures of his left hand were diagnosed. He was directed to Fishtail hospital in Pokhara where he remained till 19 July 2008. He has reportedly since paid regular check up visits.

According to the same information, since Mr. Kamal Pun has filed the complaint on 1 August 2008, he has been on several occasions threatened by unidentified policemen from Police Station Beni, Parbat district, to withdraw the complaint otherwise he would be rearrested, charged with various crimes and subjected to further torture and ill-treatment.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Mr. Kamal Pun when in police custody and about the severe threats he faced for having filed a complaint. OMCT is very much concerned by the apparent impunity of the perpetrators and recalls that Nepal is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the Nepalese authorities to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a thorough investigation in this regard. Moreover, OMCT would like to recall article 13 of the Convention against Torture which stipulates that “Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.”

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Kamal Pun;
2. Order a thorough and impartial investigation into these events, notably the allegations of torture and threats, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to Mr. Kamal Pun;
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 are clearly defined in law as offences in accordance with the provisions set out in Article 1 of the Convention against Torture and shall be made punishable with appropriate penalties which take into account the grave nature of the crimes as required under Article 4 of the Convention against Torture.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: 97714211232 Email: moha@wlink.com.np
• Mr. Baman Prasad Neupane, HR Cell, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206 Fax: +977 1 4211266
• Mr. Yagya Murti Banjade, Attorney General, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.np; info@nepalpolice.gov.np
• SP Nava Raj Silwal, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax : 9771415593 E-mail: hrcell@nepalpolice.gov.np
• Mr. Kedar Nath Uppadhya, Chairman of the National Human Rights Commission, 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
• Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66 38, Fax: +32 2 344 13 61, E-mail: rne.bru@skynet.be

Please also write to the embassies of Nepal in your respective country.

Geneva, 29 August 2008

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