Follow-up of case NPL 180908_NPL 180908.VAW_Torture victim has been transferred to DPO Morang

Torture and ill-treatment/ Gender-based degrading treatment/ Transfer/ Risk of impunity

Geneva, 1 October 2008

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

New information

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member of OMCT SOS-Torture network, that 38-year-old Ms. Sumitra Khawas (aka Sumitra), who had been subjected to torture at Area Police Office (APO) Belbari, was transferred to Morang District Police Office (DPO) on 22 September 2008, the same day on which she was once more remanded to 10 additional days on murder charge by the Morang District Court, as the investigation is reportedly not yet closed.

It is also reported that on 18 September 2008, Ms. Sumitra Khawas received adequate medical examination and treatment at Koshi Zone Hospital following the court’s order. Furthermore, Advocacy Forum has planned to file a torture compensation case on behalf of the victim.

The International Secretariat of OMCT welcomes the transfer of Ms. Sumitra Khawas to Morang DPO. OMCT feared for her safety as she remained detained at APO Belbari being at particular risk of further torture and ill-treatment. However, OMCT remains 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” and article 15 of the said Convention, “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 (…)”.

OMCT further recalls that the UN Declaration on the Elimination of Violence against Women states in its article 4 that States must “refrain from engaging in violence against women” and “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”

Brief reminder of the situation

According to the information received, on 9 September 2008 at about 12:30am, Ms. Sumitra Khawas, resident of Pacham, Haraicha Village Development Committee (VDC) 8, Morang district, was arrested by a team from Haraicha local police station at her home on suspicion of murdering her husband, who had died the same day under unclear circumstances. She was detained at the local police station before being transferred at about 11:00am to the APO Belbari, Morang district.

According to the same information, Ms. Sumitra Khawas was then taken to the crime investigation section of APO Belbari, where she was interrogated by three police officers, namely APO Belbari police inspector in charge Mr. Tanka Prasad Bhattarai, police head constable Mr. Ram Kumar Rai and female police constable Ms. Indira Khadka. When Ms. Sumitra Khawas reportedly denied the allegations held against her, police inspector Mr. Tanka Prasad Bhattarai allegedly started beating her with bamboo sticks and his fists on different parts of her body. The same inspector reportedly then ordered police constable Ms. Indira Khadka to completely undress her. Once naked she was forced to lie on the floor and was then beaten, including with rubber like belt, on her back and buttocks by all three police officers. She was also reportedly punched and kicked by police inspector Mr. Tank Prasad Bhattarai on her face and stamped on her thighs and feet as well. Rude language was also reportedly used against her and she was threatened with electroshocks and that a lizard would be put inside her clothes. She was also threatened with more beatings on the next day would she not accept the allegations. These events lasted for two hours.

On 11 September 2008, the Morang District Court remanded Ms. Sumitra Khawas to APO Belbari on charge of murder. However, police reportedly had not provided her with any detention letter. On the same day, she was visited by Advocacy Forum lawyers who observed swelling and multiple contusions in her back (just beneath the back neck), swelling and multiple contusions in both her buttocks, swelling of her right eye (the eye was reddish, the lower eye lids bluish discoloration), minor scratched on her right fore hand and swelling of veins observed in both her fore hands. Ms. Sumitra Khawas was taken to Belbari Samudahik Swastha Sewa for a medical check up, only after Advocacy Forum lawyers requested for it, but was not reportedly provided with adequate medical care.

On 14 September 2008, a team of human rights defenders, including Advocacy Forum lawyers, reportedly again visited Ms. Sumitra Khawas at the APO Belbari. However, while they were meeting with her, one unidentified local, who was along a group of around eight individuals, managed to get inside the APO Belbari and threatened the lawyer not to provide Ms. Sumitra Khawas with any assistance. The police reportedly did not do anything and further told the team that the locals might beat them and that the police would not be able to provide with any protection.

As it was feared that Ms. Sumitra Khawas was at risk of further acts of torture and other ill-treatment, the human rights defenders team requested her transfer to Morang District Police Office (DPO), but to no avail.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Sumitra Khawas;
2. Guarantee unconditional access to her lawyer, family and any medical treatment and care she may require;
3. Order her immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring her before an impartial and competent tribunal and guarantee her procedural rights at all times;
4. Order a thorough and impartial investigation into these events, notably the allegations of torture and ill-treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Guarantee that adequate compensation is awarded to Mrs. Sumitra Khawas;
6. 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 Mr. Bamdev Gautam, Home Minister, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• Inspector General of Police, Hem Bahadur Gurung Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 432, Fax: +977 1 4 415 593. Email: info@nepalpolice.gov.np
• Mr. Raghav Lal Vaidya, Attorney General, Office of Attorney General
• Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• SSP Mr. Binod Singh, Police HR Cell, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax : +977 1 4415593 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, 1 October 2008

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