Nepal
03.12.10
Urgent Interventions
Nepal: Alleged torture and ill-treatment in police custody including sexual abuse, with the purpose of extracting a confession
Case NPL 031210/ NPL 031210.VAWURGENT CAMPAIGNS/ VIOLENCEAGAINST WOMENAlleged torture and ill-treatment, including sexualabuse, with the purpose of extracting a confession/ Lack of adequate medical care/ Fear forsafety and risk of impunity The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source andAntenna International, a member of OMCT SOS-Torture Network, about thealleged torture and ill-treatment in police custody of Mr. Gyan Bahadur Balami (Gyanu), 36 years old, permanent resident ofBurtibang – 6, Baglung district and temporarily living in Padampokhari VDC- 8,Hattigouda, Makwanpur district, his wife, Ms. Hermin Ratu Lama, 33years old, and Mr. Iman, alias Makar Bahadur Gharti Magar,41 years old, permanent resident of Bobang-8, Baglung district and temporarilyliving in Goldhunga, Sundar tole, Kathmandu district. They were allegedlytortured and ill-treated by seven policemen, including one inspector (whowas 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.Hermin Ratu, who was taken along 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 sawMs. Hermin Ratu sitting on the floor covered with dust all over her body. Shewas reportedly crying and four policemen were standing by her side. Two of thepolicemen allegedly stepped on her knees, another policeman stepped on her headwith his boots and a fourth one beat on the soles of her feet with bamboosticks. They also poked with a bamboo stick inside her paint and tried to takeit off. Mr. Gyan Bahadur Balami tried to intervene but he was allegedly forcedto lie on the floor and the policemen started beating him. The police then alsostarted to beat Mr. Iman with bamboo sticks on his hands, thighs and legs forabout five minutes. On the same day, the police tookMr. Gyan Bahadur Balami, Ms. Hermin Ratu 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. The InternationalSecretariat of OMCT expresses its deep concern about the torture andill-treatment, including sexual abuse, inflicted upon Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman in police custody. OMCT fears for theirsafety as they remain at risk of further violence. OMCT thereforecalls on the competent Nepalese authorities to guarantee the physical andpsychological integrity of Mr.Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman, 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. OMCTalso urges the Nepalese authorities to immediately put in place protectionmeasures for Mr. Gyan BahadurBalami, Ms. Hermin Ratu and Mr. Iman, including their immediate transfer toanother detention centre, where they are not at risk of further torture andill-treatment, and suspend thepolicemen believed to be responsible, 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 (…)”.
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. Hermin Ratuand Mr. Iman;ii. Ordertheir immediate transfer to another detention centre, where they are not atrisk of further torture and ill-treatment;iii. GrantMr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman unconditional access to alawyer of their choice and their families, as well as guarantee that they are promptlyexamined by independent doctors and receive adequate medical care, inaccordance, inter alia, with the UN Standard Minimum Rules for the Treatment ofPrisoners;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. Hermin Ratuand Mr. Iman as stipulated in Article 15 of the UN Convention Against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment;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 1 4211211 / 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 4 415 593. 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 yourrespective country.***Geneva, 3 December 2010. Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
[1] See OMCT NPL 230210.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source andAntenna International, a member of OMCT SOS-Torture Network, about thealleged torture and ill-treatment in police custody of Mr. Gyan Bahadur Balami (Gyanu), 36 years old, permanent resident ofBurtibang – 6, Baglung district and temporarily living in Padampokhari VDC- 8,Hattigouda, Makwanpur district, his wife, Ms. Hermin Ratu Lama, 33years old, and Mr. Iman, alias Makar Bahadur Gharti Magar,41 years old, permanent resident of Bobang-8, Baglung district and temporarilyliving in Goldhunga, Sundar tole, Kathmandu district. They were allegedlytortured and ill-treated by seven policemen, including one inspector (whowas 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.Hermin Ratu, who was taken along 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 sawMs. Hermin Ratu sitting on the floor covered with dust all over her body. Shewas reportedly crying and four policemen were standing by her side. Two of thepolicemen allegedly stepped on her knees, another policeman stepped on her headwith his boots and a fourth one beat on the soles of her feet with bamboosticks. They also poked with a bamboo stick inside her paint and tried to takeit off. Mr. Gyan Bahadur Balami tried to intervene but he was allegedly forcedto lie on the floor and the policemen started beating him. The police then alsostarted to beat Mr. Iman with bamboo sticks on his hands, thighs and legs forabout five minutes. On the same day, the police tookMr. Gyan Bahadur Balami, Ms. Hermin Ratu 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. The InternationalSecretariat of OMCT expresses its deep concern about the torture andill-treatment, including sexual abuse, inflicted upon Mr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman in police custody. OMCT fears for theirsafety as they remain at risk of further violence. OMCT thereforecalls on the competent Nepalese authorities to guarantee the physical andpsychological integrity of Mr.Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman, 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. OMCTalso urges the Nepalese authorities to immediately put in place protectionmeasures for Mr. Gyan BahadurBalami, Ms. Hermin Ratu and Mr. Iman, including their immediate transfer toanother detention centre, where they are not at risk of further torture andill-treatment, and suspend thepolicemen believed to be responsible, 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 (…)”.
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. Hermin Ratuand Mr. Iman;ii. Ordertheir immediate transfer to another detention centre, where they are not atrisk of further torture and ill-treatment;iii. GrantMr. Gyan Bahadur Balami, Ms. Hermin Ratu and Mr. Iman unconditional access to alawyer of their choice and their families, as well as guarantee that they are promptlyexamined by independent doctors and receive adequate medical care, inaccordance, inter alia, with the UN Standard Minimum Rules for the Treatment ofPrisoners;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. Hermin Ratuand Mr. Iman as stipulated in Article 15 of the UN Convention Against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment;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 1 4211211 / 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 4 415 593. 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 yourrespective country.***Geneva, 3 December 2010. Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
[1] See OMCT NPL 230210.