Nepal
16.05.03
Urgent Interventions
Nepal: incommunicado detention and torture of Keshav Timilsina
Case NPL 160503
Arbitrary detention / Torture / Incommunicado detention
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the arrest, incommunicado detention and torture of Keshav Timilsina in Nepal.
According to the information received, Keshav Timilsina, a 21-year-old painter currently residing in Patan, was arrested by three policemen from the Hanumandhoka District Police Office on May 6th, 2003. He was arrested on suspicion of theft and murder. He was brought before the District Court for a remand extension on May 7th, 2003. In the Interrogatin Section of the District Police Office, Mr. Timilsina was badly beaten by between eight to ten policemen wielding bamboo sticks and plastic pipes. He was reportedly not given food for a period of two days.
A lawyer was able to visit Mr. Timilsina on May 8th, but when he returned on May 9th to prepare an application for a medical examination, he was not permitted to see Mr. Timilsina. The lawyer was reportedly told that there was a special order from the Superintendent of Police that Mr. Timilsina could not receive visitors. When, after repeated attempts, the lawyer manage to meet with the Superintendent, the lawyer was informed that there could be no meetings with Mr. Timilsina while there is an ongoing investigation and that meetings with family members and lawyers will not be permitted for individuals accused of robbery and murder. This decision prevents Mr. Timilsina from receiving a thorough medical examination because the court will not accept an application from a lawyer without the client's signature indicating he has appointed the lawyer as his legal counsel.
The International Secretariat at OMCT is gravely concerned for the physical and psychological integrity of Keshav Timilsina. OMCT calls on the Nepalese government to guarantee his physical and psychological integrity at all times, to ensure that Keshav Timilsina be permitted family visits and access to legal counsel, and to provide him with the necessary medical attention. OMCT also urges the authorities to order his immediate release in the absence of valid legal charges that are in line with international law, or, if such charges exist, to ensure that he receives a prompt and fair trial. OMCT also calls upon the Nepalese government to investigate these allegations of torture, to punish the perpetrators, and to ensure that Mr. Timilsina receives appropriate reparation.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all necessary measures to guarantee Mr. Timilsina’s physical and psychological integrity;
ii. ensure that he is immediately granted access to legal representation and family visits;
iii. intervene with the appropriate authorities in order to secure that he is provided with adequate medical assistance as a matter of urgency;
iv. order his immediate release in the absence of valid legal charges, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
v. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
§ Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 227 286 / 422 3838 / 442 8220 / 442 8570
§ Hon Badri Prasad Mandal, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 424 0942
§ Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal, Fax: + 977 1 415 593/415 594
§ H.E. Dr. Shambhu Ram Simkhada, Ambassador to the United Nations, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland,
Fax: + 41 22 7332722; E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, May 16th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary detention / Torture / Incommunicado detention
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the arrest, incommunicado detention and torture of Keshav Timilsina in Nepal.
According to the information received, Keshav Timilsina, a 21-year-old painter currently residing in Patan, was arrested by three policemen from the Hanumandhoka District Police Office on May 6th, 2003. He was arrested on suspicion of theft and murder. He was brought before the District Court for a remand extension on May 7th, 2003. In the Interrogatin Section of the District Police Office, Mr. Timilsina was badly beaten by between eight to ten policemen wielding bamboo sticks and plastic pipes. He was reportedly not given food for a period of two days.
A lawyer was able to visit Mr. Timilsina on May 8th, but when he returned on May 9th to prepare an application for a medical examination, he was not permitted to see Mr. Timilsina. The lawyer was reportedly told that there was a special order from the Superintendent of Police that Mr. Timilsina could not receive visitors. When, after repeated attempts, the lawyer manage to meet with the Superintendent, the lawyer was informed that there could be no meetings with Mr. Timilsina while there is an ongoing investigation and that meetings with family members and lawyers will not be permitted for individuals accused of robbery and murder. This decision prevents Mr. Timilsina from receiving a thorough medical examination because the court will not accept an application from a lawyer without the client's signature indicating he has appointed the lawyer as his legal counsel.
The International Secretariat at OMCT is gravely concerned for the physical and psychological integrity of Keshav Timilsina. OMCT calls on the Nepalese government to guarantee his physical and psychological integrity at all times, to ensure that Keshav Timilsina be permitted family visits and access to legal counsel, and to provide him with the necessary medical attention. OMCT also urges the authorities to order his immediate release in the absence of valid legal charges that are in line with international law, or, if such charges exist, to ensure that he receives a prompt and fair trial. OMCT also calls upon the Nepalese government to investigate these allegations of torture, to punish the perpetrators, and to ensure that Mr. Timilsina receives appropriate reparation.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all necessary measures to guarantee Mr. Timilsina’s physical and psychological integrity;
ii. ensure that he is immediately granted access to legal representation and family visits;
iii. intervene with the appropriate authorities in order to secure that he is provided with adequate medical assistance as a matter of urgency;
iv. order his immediate release in the absence of valid legal charges, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
v. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
§ Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 227 286 / 422 3838 / 442 8220 / 442 8570
§ Hon Badri Prasad Mandal, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 424 0942
§ Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal, Fax: + 977 1 415 593/415 594
§ H.E. Dr. Shambhu Ram Simkhada, Ambassador to the United Nations, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland,
Fax: + 41 22 7332722; E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, May 16th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.