Follow-up of case NPL 050607_Reported lack of investigation into allegations of torture

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Nepal.

New Information

The International Secretariat of OMCT has been informed by a reliable source and by Antenna International, member organisation of the OMCT SOS-Torture network, that Mr. Bablu Rai (aka Sojhe), 34 years old, was sent to District Jail of Bake district on 3 June 2007 following an order of the District Court to allow further judicial inquiry. He is currently awaiting the final verdict of the court, which is reportedly delayed.

According to the same information, since his transfer to jail, Mr. Bablu Rai has not been further subjected to torture or ill-treatment. However, no investigation was reportedly conducted into the allegations of torture suffered by Mr. Bablu Rai during his arrest.

The International Secretariat of OMCT expresses its deep concern that the alleged acts of torture against Mr. Bablu Rai were not further investigated. OMCT 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 victims, and to undertake a thorough investigation in this regard. Moreover, OMCT recalls that, according to article 15 of the Convention Against Torture, “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

Reminder of the situation

According to the information received, on 6 May 2007, Mr. Bablu Rai was arrested around 7 pm by a police officer of the Nepalgunj Custom Office, named Dilip, at the Nepalgunj Custom Office, Nepalgunj Metropolitan City, Banke district. He was then returning from Rupediha, India, where he had gone for work. Mr. Bablu Rai was arrested on the charge of “drug smuggling”. Immediately after his arrest, the custom official handed him over to Jamunaha Police Post, in Nepalgunj.

Upon Mr. Rai’s arrival to Jamunaha police station, six to seven police officers allegedly made him lie down on the floor, beat him on the soles of his feet with a plastic pipe and stick. They also beat him indiscriminately all over his body for about two hours while interrogating him. It is reported that bruises and cuts could be seen on his body.

According to the information received, after being tortured for two hours, Mr. Rai was transferred to the District Police Office, Banke district, around midnight for further investigation. On 6 May 2007, Mr. Rai was remanded for a period of five days and, according to the police authority, he would have been taken to the Bheri Zonal Hospital, Banke district, on the same day. However he did not receive any medicine.

On 22 May 2007, the Nepalese NGO Advocacy Forum finally managed to meet him, before filing a complaint on his behalf to the District Court of Banke so he could receive a medical check up. The District Court endorsed the application, stating that the complaint could be filed at the next time of remand. As Mr. Rai was remanded a second time on 10 May 2007, for a period of 30 days, Advocacy Forum went to the Appellate Court of Nepalgunj in order to appeal the decision of the District Court of Banke. However, the Appellate Court endorsed the application stating that the complaint was not registered to the District Court.

Action requested

Please write to the authorities in Nepal urging them to:

1. i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Bablu Rai;
2. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
3. Order a thorough and impartial investigation into these events, notably into the allegations of torture of Mr. Bablu Rai, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to Mr. Bablu Rai;
5. v. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211229, 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 GeneralRamshahpath, 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, 20 December 2007

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