Fear for the safety of Ms. Harkali Pun, who was tortured in police custody, and concerns about the delays in initiating an effecitve investigation into the allegations

Torture and ill-treatment inpolice custody with the purpose ofextracting a confession/ Fear for the physical andpsychological integrity/ Risk of impunity

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 torture and ill-treatment in custody ofMs. Harkali Pun, 49 years old andpermanent resident of Motipur VDC-6, Mangalpur, Bardiya district. OMCT remainsconcerned about her safety and the delays in initiating an effective investigationinto the aforementioned allegations.

According to the information received, on 12 July 2011, Ms. Harkali Pun was travelling to Rupaidiya, India, in company of two women whowere allegedly going to New Delhi, when she was handed overby two staff of an NGO working against women trafficking to the Jamunaha Police Office, Banke district, near the Indian border, on suspicion of human trafficking.Ms.Harkali Pun was reportedly only given an arrest warrant and a detention letteron 14July 2011, with effect from theprevious day.

According to the same information, four tofive hours after Ms. Harkali Pun’s arrest, she was transferred to DistrictPolice Office (DPO), Banke and detained in a cell. At around midnight,she was brought by a police woman into a room on the first floor where threepolicemen and one police women were sitting. An unidentified police officer,probably a police inspector, then ordered the two police women to beat Ms.Harkali Pun and all the other policemen left the room. The two constables namedBhagwati and Rajheni (no further information) allegedly started to beat Ms.Harkali Pun by turn with a three inch thick and one meter long wooden stick onher palms, arms, back, bottom, thighs, legs, soles of her feet and other partsof her body. They ordered her to stretch her legs and one of the constables saton her legs while the other beat on the soles of her feet. The two policeconstables then reportedly asked Ms. Harkali Pun for her son’s and daughter’sphone numbers and said that they would charge them too. They also interrogatedher about the alleged trafficking. She was reportedly tortured for about twohours before she was taken to her house in a police van. There, the policetalked to her daughter and then brought her back to DPO, Banke. Once at thedetention centre, she was not allowed to see her children and the lawyer whohad come with her children.

According to the same information, on 23 July 2011, Ms. Harkali Pun was reportedly taken to Bheri Zonal Hospitalfor her medical check-up. She was diagnosed with a fractured right hand and wasrecommended to have it plastered. Her broken hand was reportedly swollen andher left hand showed blue marks of torture and had three twisted fingers. Herfeet were also reportedly swollen and she complained of pain all over her body.The police then asked if she had money. As she only had 500.- Nrs, the moneywas used only for an x-ray of her broken hand and to buy some pain killers. Oneof the police women then reportedly ordered Ms. Harkali Pun to tell that herhand had been broken by slipping from a staircase.

On 24 July 2011, Ms. Harkali Pun’s daughter reportedly filed, on behalf ofher mother, a physical and mental check-up application before the DistrictCourt, Banke under the Torture Compensation Act – 2053, Section 5, sub-section3[1]. The same day, the District Court, Banke ordered the DPO,Banke to provide a medical check-up to the applicant within three days and tosubmit the documents related to her case, including medical reports. The policesubsequently took Ms. Harkali Pun, on 25 July 2011, to the hospital for the medical check-up but no medicaltreatment was reportedly provided to her.

According to the sameinformation, on 28 July 2011, activists handling Ms. Harkali Pun’s case met with Superintendentof Police (SP) Dinesh Amatya to inquire about the allegations of torture andthe denial of adequate medical care. The police officer reportedly denied theallegations and added that Ms. Harkali Pun’s hand might have got broken duringthe arrest. However, during discussions with other police officers of the DPO,these latter acknowledged that Ms. Harkali Pun’s hand was fractured and added thatthere was no money to cover her medical expenses.

On 28 July 2011, Ms. Harkali Pun was reportedly again brought to theDistrict Court to extend her remand but the Registrar refused the extension asthe police did not provide the medical report in accordance with the 24 Julycourt order. She was eventually taken, on 31 July 2011, to the Western and Research Center Hospital where her fractured hand was plastered and where she wasprescribed medicines. She was transferred to District Jail on 7 August 2011, where she remains detained pending trial. To date, noeffective investigation has been reportedly carried out into the allegations oftorture and ill-treatment.

TheInternational Secretariat of OMCT expresses its deep concern about the tortureand ill-treatment of Ms. Harkali Pun and the delays in providing her withprompt and adequate medical care. OMCT urges the competent authorities toguarantee her physical and psychological integrity at all times.

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 also 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 ill-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.

Action requested

Please write to the authorities in Nepal urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Ms. Harkali Pun, herfamily and the lawyers working on her case;

ii. Grant Ms. Harkali Pun full access to her lawyers andher family, as well as guarantee that she receives adequate medical care ifnecessary, in accordance, inter alia,with the UN Standard Minimum Rules for the Treatment of Prisoners;

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

iv. Carry out a prompt, effective,thorough, independent and impartial investigation into the aforementionedfacts, in particular thecircumstances of the detention of Ms. HarkaliPun 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;

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

vi. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation, is granted to Ms. Harkali Pun;

vii. 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;

viii. Ensure the respect of humanrights and fundamental freedoms throughout the country in accordance withnational laws and international human rights standards.

Addresses

Ø Deputy Prime Minister andMinister of Home Affairs, Mr. Narayan Kaji Shrestha, Ministry of Home Affairs,Singha Darbar, Kathmandu, Nepal. Tel: + 9 77 1 421 1211 / + 9 77 1 421 1264,Fax: + 977 1 42 11 232

Ø Inspector General of Police, RabindraPratap Shah, Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Fax: + 977 1 4415 593. Email: info@nepalpolice.gov.np

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

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@bluewin.ch

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

***

Geneva, 24 August 2011

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

[1] “Incase any adult member of the family of a detainee, or his attorney, feels thatthe detainee has been tortured, he may file a petition to the appropriatedistrict court. In case such a petition is received, the court may issue anorder for the examination of the physical or mental condition of the detaineewithin three days. If, in the course of such examination, it is found thattreatment is necessary, such treatment shall be made available by thegovernment.”