Follow-up of case NPL 140807_Release but threats and harassment

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 of the OMCT SOS-Torture network, that Mr. Kalam Miya, a 27-year-old manual worker, permanent resident of Pakali VDC-3 of Sunsari District, was released on 26 August 2007 but that he faced threats and harassment after filing a case under the Torture Compensation Act. Mr. Kalam Miya reportedly subsequently left the country.

According to the information received, Mr. Kalam Miya was released on ordinary bail on 26 August 2007 by order of the District Court, Morang. After his release, he reportedly registered a case under the Torture Compensation Act before the District Court of Morang on 2 September 2007. However, Mr. Kalam Miya was then reportedly harassed by the police at different times.

According to the information received, about five to six uniformed policemen of District Police Office (DPO) Sunsari went to Mr. Kalam Miya’s home on 11 September 2007 to search for him. Since the house was locked, the police reportedly broke the lock of the main door with bricks and searched the entire house. They reportedly even threw his belongings outside the house. The police also reportedly seized two receipts of a nearby gold selling shop where Mr. Kalam Miya had deposited items. The police also reportedly took two knives. Following this event, Mr. Kalam Miya left the country and his wife decided to move to a relative’s place.

The International Secretariat of OMCT expresses its deep concern for the personal and physical integrity of Mr. Kalam Miya following the reported threats and harassment he faced for having filed a complaint under the Torture Compensation Act. OMCT urges the authorities to take appropriate measures to guarantee his safety. 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 victim, and to undertake a thorough investigation in this regard.

Reminder of the situation

According to the information received, Mr. Kalam Miya was arrested at Saraswati Tole of Biratnagar Municipality -2, Sunsari district, at about 8:30 p.m. on 29 July 2007 by the patrolling van of Ward Police Station, Hathkhola, Biratnagar under charges of robbery. He was allegedly detained in the police station and then transferred to the DPO, Morang district.

According to the same information, on the morning of 30 July 2007, Mr. Kalam Miya was locked inside the women police cell room at the DPO and beaten up with a stick and interrogated by three policemen, including Police Sub Inspector Mr. Balram Yadav (the names of the other policemen are unknown). They allegedly made him lie on the floor, caught his legs and chest, and beat him with the stick on his feet, legs, ankles, fingers and joints of hands and legs. They reportedly kicked and punched him. Mr. Kalam Miya allegedly screamed and requested not to be tortured but the policemen would have closed his mouth with cloths and continued beating him for about an hour and a half. It is reported that the three policemen threatened Mr. Kalam Miya of torture to death if he would not accept the robbery charges. Mr. Kalam Miya was then brought to another cell for the night.

On 31 July 2007 at around 9:00 p.m., Mr. Kalam Miya was reportedly again tortured for about one hour by the same team including Police Sub Inspector Mr. Balram Yadav in the women police cell room. He was reportedly forced to admit on several occasions but he insisted that he was not involved in the robbery. He was allegedly compelled to lie on the floor by keeping his legs on the chair and he was then tortured randomly on his feet, ankles, and joints of legs and hands while being threatened to accept the allegations of robbery. Eventually, Mr. Kalam Miya reportedly agreed, in a semiconscious state, to sign any documents they would prepare in order to stop the torture. Following this, the policemen reportedly stopped.

Shortly after on the same day, Mr. Kalam Miya was brought to the District Court, Morang. He was remanded for 5 days and then for 7 more days on 5 August 2007. He reportedly complained about his alleged torture to the judge of the District Court at the time of the remand but the judge reportedly did not take it into account.

According to the same information, on 31 July 2007 the police authority had taken him for a medical check up at the Kosi Zonal Hospital, Morang district, before being brought to the court but no medication would have been provided to him at that time.

With the assistance of human rights NGO Advocacy Forum, he was reportedly provided medical assistance. Mr. Kalam Miya reportedly faced health problems following the torture. His legs were swollen and his joints of legs and hands were painful. Moreover, a blood clot was reportedly observed in the small finger of his left leg.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Kalam Miya and of his family;
2. Order a thorough and impartial investigation into these events, notably the allegations of torture, the threats and harassment faced by Mr. Kalam Miya, 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. Kalam Miya;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• 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.npMr. Baman Prasad Neupane, HR Cell, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206, Fax: +977 1 4211266
• Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.npMr. Om Bikram Rana, Inspector General of Police, Police Head Quarters, Naxal, Kathmandu, Nepal, Fax: +977 1 4415593, Email: 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.npPulchowck, Lalitpur, Chairperson, National Human Rights Commission, Nepal, Fax: +977 1 55 47973, Email: complaints@nhrcnepal.org/ nhrc@nhrcnepal.org
• Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.intEmbassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58/ 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.

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Geneva, 20 December 2007

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