Nepal
24.12.10
Urgent Interventions
Follow-up_Mr. Gyan Bahadur Balami, Ms. Lama and Mr. Iman continue to be threatened and have still not been provided with adequate medical care_OMCT fears for their safety
Case NPL 031210.2/ NPL 031210.2.VAWFollow-up of cases NPL031210/ NPL 031210.VAW and NPL 031210.1/ NPL 031210.1.VAWURGENT CAMPAIGNS/ VIOLENCEAGAINST WOMENThreats/ Lack of adequate medical care/ Fear forsafety TheInternational Secretariat of the World Organisation Against Torture (OMCT) has received new information and requestsyour URGENT intervention in the following situation in Nepal. New information The International Secretariat of OMCT has been informed by a reliable source andAntenna International, a member of OMCT SOS-Torture Network, that Mr. Gyan Bahadur Balami (Gyanu), 36 yearsold, permanent resident of Burtibang – 6, Baglung district and temporarilyliving in Padampokhari VDC- 8, Hattigouda, Makwanpur district, his wife, Ms. Lama, 33 years old (name changed), and Mr. Iman, alias Makar Bahadur Gharti Magar, 41 years old, permanentresident of Bobang-8, Baglung district and temporarily living in Goldhunga,Sundar tole, Kathmandu district, continue to be threatened and have still not beenprovided with adequate medical care. Furthermore, they remain detained in thesame detention centre where the alleged perpetrators are working. According to the information received, on 12 December 2010, Mr. Gyan Bahadur Balami, Ms.Lama and Mr. Makar Bahadur Gharti Magar “Iman” were taken to the office room ofInspector Humagai from the Crime Division. The inspector reportedly said to Ms.Lama “You are a Malaysian woman. How could you accuse the police of tearingyour undergarments? How could you report such things to the human rightsactivists? The Malaysian women might not feel shame but the Nepalese womendon’t say such things openly. We have received 5 pages letter. Do you want tosee?" The same inspector then allegedly said to Mr.Gyan Bahadur Balami “You were born in a rural area of Baglung district. So, youcan become a dacoit or robber but I was born in a city and I am an Inspector. Idon't need to work in the police force for my survival. After your release,come to the open field and show me your power. I too will show my power howmuch I can hurt you. Have you forgotten my advice I had given to you on the wayto the court.” All three were then brought back to their cells at MetropolitanPolice Range (MPR), Hanumandhoka, Kathmandu, where they remaindetained to date. On 19 December 2010, they wereremanded a seventh time for ten days. OMCT has also been informed that, on 21 December 2010, Mr. Gyan Bahadur Balami wastaken to Teaching Hospital to undertake further test for his damaged ear (medicalcheck-up scheduled before). Despite the doctor’s referral, Mr. Makar BahadurGharti Magar (Iman) has still not been provided adequate treatment for hisdamaged teeth and broken toe of his left leg. The InternationalSecretariat of OMCT reiterates its deep concern about the safety of Mr. Gyan Bahadur Balami, Ms. Lama and Mr.Iman. Accordingly, OMCT calls again on the competent Nepalese authorities to guarantee their physical andpsychological integrity, at all times, in accordance, inter alia, with theConvention Against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment and the International Covenant on Civil and Political Rights. OMCT also urges the Nepalese authorities toimmediately put in place protection measures for Mr.Gyan Bahadur Balami, Ms. Lama and Mr. Iman, including their immediate transferto another detention centre, where they are not at risk of further torture andill-treatment, and suspend the policemen believed to beresponsible, pending an investigation. OMCT recalls thatNepal is a State party to the Convention Against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment and theInternational Covenant on Civil and Political Rights, which both prohibittorture and ill-treatment. In line with their obligations under these treaties,it is incumbent on the competent authorities to consider seriously anyallegations of torture and ill-treatment, and to undertake a prompt, effective,thorough, independent and impartial investigation in this regard, in order toidentify all those responsible, bring them to trial and apply adequatesanctions. Victims of torture and ill-treatment must be ensured the right to aneffective remedy for the human rights violations suffered as well as the rightto full redress, including compensation and rehabilitation. Finally, OMCTrecalls 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 preventing any cases oftorture” and article 15 of thesaid Convention, “Each State Party shall ensure that any statement which isestablished to have been made as a result of torture shall not be invoked asevidence in any proceedings (…)”. Brief reminder of the situation OMCT had earlier been informed about thealleged torture and ill-treatment in police custody of Mr. Gyan Bahadur Balami(Gyanu), his wife, Ms. Lama, and Mr. Iman, alias Makar BahadurGharti Magar. They were allegedly tortured and ill-treated by seven policemen, including oneinspector (who was already involved in another case documented by OMCT[1]) anda sub inspector, from the Metropolitan Police Crime Division (MPCD)Hanumandhoka, in Kathamdu. According to the information received, Mr. GyanBahadur Balami was the first to be arrested, on 31 October 2010, by about sixpolicemen from the MPCD, Kathamandu at Hetauda Bus Park in Makwanpur district(about 150 km from Kathmandu), on suspicion of robbery and drug smuggling.During his arrest, he was allegedly beaten with sticks, punched and kicked. Hewas then handcuffed and beaten again for 20 minutes before the policemenblindfolded him and took him in a jeep to a nearby jungle. There, he wasdragged out of the car. The policemen allegedly forced his head in-between theroots of a fallen tree and put a pistol into his mouth. He was again beatenrandomly on his back, legs, hands and feet. The policemen also allegedlydrilled with a sharp wooden stick on his right sole and bent his fingers withthe purpose of obtaining information about alleged stolen items. Mr. GyanBahadur Balami reportedly confessed to the crime. The policemen then allegedlyforced a pistol into his mouth and said “what is your last desire”. Mr. Gyan Bahadur Balami was later taken back to his house. The policeseized some money, boots, and jackets. The police also arrested his wife, Ms. Lama, who was takenalong to Makawanpur District Police Office (DPO). Once at the police station,they were detained in separate detention cells. According to the sameinformation, Mr. Iman (alias Makar Bahadur Gharti Magar) was arrested, on 1 November 2010,also on suspicion of drug smuggling and robbery. During his arrest, five to sixunidentified policemen allegedly beat him with sticks, boots and fists onvarious parts of his body for about half an hour. He was then handcuffed andtaken to a nearby jungle. In the car, he saw Mr. Ghan Bahadur Balami whose faceand eyes were reportedly swollen. After five minutes drive, the police stoppedthe jeep, took both of them out of the car and started beating them again whileasking questions about the alleged stolen goods and money. Both were then takento Butwal Area Police Office (APO), before being transferred to DPO Makawanpur.On the way, the police reportedly stopped the car in Bardhaghat and beat themagain randomly for about ten minutes each. After approximately 25 minutesdrive, they arrived in front of a hotel in Daunne, Nawalparasi district wherethey received food. Later, they were taken back to the jungle where threeunidentified policemen beat them again for about ten to fifteen minutes. Ataround 10 pm,they reached DPO Makawanpur where they were detained in a cell. On 2 November 2010, Mr. GyanBahadur Balami and Mr. Iman were handcuffed and taken to a room where they saw Ms. Lama sittingon the floor covered with dust all over her body. She was reportedly crying andfour policemen were standing by her side. Two of the policemen allegedlystepped on her knees, another policeman stepped on her head with his boots anda fourth one beat on the soles of her feet with bamboo sticks. They also poked witha bamboo stick inside her paint and tried to take it off. Mr. Gyan BahadurBalami tried to intervene but he was allegedly forced to lie on the floor andthe policemen started beating him. The police then also started to beat Mr.Iman with bamboo sticks on his hands, thighs and legs for about five minutes. On the same day, the policetook Mr. Gyan Bahadur Balami, Ms. Lama and Mr. Iman to Kathmandu.On the way, one of the policemen reportedly showed them a dead boy without ahead on his mobile phone and allegedly threatened to kill them in a similarmanner. When they reached Balkhu in Kathmandu,the policemen blindfolded and took them into a house that the police called“safe house”. They were again severely beaten. They were later taken toMetropolitan Police Range (MPR) Kathmanduand then to Kathmandu District Court. They were remanded until 7th December 2010. According to the same information received, on 7 December 2010, Mr. Gyan Bahadur Balami wastaken to the Litigation Section of District Police Office (DPO) Kathmandu, where he wasforced to sign a paper in connection with another alleged house robbery. Whenhe refused to sign the paper, the inspector reportedly got angry, verballyabused him and caught him by his hair before pushing his head against the walland punching him six times on his right cheek and once on his right knee withhis boots. The inspector then allegedly forced Mr. Gyan Bahadur Balami’ssignature and took his thumb stamp. He also reportedly threatened to shoot himthe following day. Mr. Gyan Bahadur Balami was then detained in the detentioncell of DPO Kathmandu. It is also reported that Mr. Gyan BahadurBalami had to pay for a medical check-up that has been scheduled for 21 December 2010. He reportedly suffers fromhearing loss due to the acts of torture and ill-treatment. According to the same information, Mr. Iman wastaken, on 5 December 2010, to Bir Hospital for a medicalcheck-up. However, he had reportedly to pay the doctor’s fee and the taxi fare.In addition, he was not given the medicine that the doctor prescribed him and,although the doctor has referred him for further examination to the orthopaedicsection, the police allegedly refused mentioning financial problems. Actionrequested Please write tothe authorities in Nepal urging them to: i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Gyan Bahadur Balami, Ms. Lama and Mr.Iman;ii. Ordertheir immediate transfer to another detention centre, where they are not atrisk of further torture and ill-treatment as well as threats;iii.GrantMr. Gyan Bahadur Balami, Ms.Lama and Mr. Imanunconditional access to a lawyer of their choice and their families, as well asguarantee that they are promptly examined by independent doctors and receiveadequate and free medical care, in accordance, inter alia, with the UN StandardMinimum Rules for the Treatment of Prisoners;iv.Ordertheir immediate release in the absence of valid legal charges that areconsistent with international law and standards, or, if such charges exist,bring them promptly before an impartial, independent and competent tribunal andguarantee their procedural rights at all times;v. Carryout a prompt, effective, thorough, independent and impartial investigation intothe reports of torture and ill-treatment, the result of which must be madepublic, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law;vi.Guaranteethat no evidence obtained under torture and ill-treatment, or threats thereof,be used in court proceedings against Mr. Gyan Bahadur Balami, Ms. Lama and Mr. Iman as stipulated in Article 15 of the UNConvention Against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment;vii. Ensurethat an effective remedy, including the right to full redress with compensationand rehabilitation be granted to the victims concerned;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 Home Minister,Mr. Bhim Rawal, Ministry of HomeAffairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 14211211 / 4211264, Fax: +977 1 42 11 232Ø Inspector Generalof Police, Ramesh Chand (Thakuri), Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407,Tel: +977 1 4 412 432, Fax: + 977 1 4415 593. Email: info@nepalpolice.gov.npØ Attorney General,Mr. Bharat Bahadur Karki, Office ofAttorney General
Ramshahpath, Kathmandu, Nepal, Fax: +9771 4262582, Email: attorney@mos.com.npØ Chief of HumanRights Cell of police,Mr. Yadav Raj Khanal l, Human Rights Cell, NepalPolice, Kathmandu, Nepal PO. Box. No.: 407, Fax: + 977 1 4415593 E-mail:hrcell@nepalpolice.gov.npØ Chairman of theNational Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.organd also complaints@nhrcnepal.org, Fax: +977 1 5547973Ø PermanentMission of Nepal, 81 ruede 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, 24 December 2010. Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
[1] See OMCT NPL 230210.
Ramshahpath, Kathmandu, Nepal, Fax: +9771 4262582, Email: attorney@mos.com.npØ Chief of HumanRights Cell of police,Mr. Yadav Raj Khanal l, Human Rights Cell, NepalPolice, Kathmandu, Nepal PO. Box. No.: 407, Fax: + 977 1 4415593 E-mail:hrcell@nepalpolice.gov.npØ Chairman of theNational Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.organd also complaints@nhrcnepal.org, Fax: +977 1 5547973Ø PermanentMission of Nepal, 81 ruede 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, 24 December 2010. Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
[1] See OMCT NPL 230210.