Nepal
07.08.02
Urgent Interventions

Nepal: two boys subjected to torture and ill-treatment

CHILD CONCERN
Case NPL 070802.CC
Torture / Cruel, Inhuman or Degrading Treatment

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 two separate instances of torture and ill-treatment of boys in Nepal.

According to the information received, 14-year-old Aale Magar, a permanent resident of Ratmate-4, Makwanpur district, was arrested for rape on 20 July 2002 and detained at Kalimati Police Station for 13f days. The police reportedly forced him to stand up and beat him on his palms and legs with a plastic pipe for approximately five minutes. The police allegedly forced him to do push-ups on ten to twelve separate occasions over the course of his detention. When Aale was unable to complete the push-ups, the police reportedly beat him with a plastic pipe on his back. According to the information, the beatings continued for four days, resulting in bruises and contusions. Although he claimed that he was not guilty of the charges, he was repeatedly asked to confess to the crime and eventually did so. He has since been brought to Hanuman Dhoka Custody, pending the outcome of his case in court.

OMCT was also informed that on 7 July 2002, 17-year-old Nima Rumba was asleep at his residence in Dhumbarahi, Kathmandu when about seven policemen knocked at his door, came inside the room and asked for his identity card. According to the information received, the police forced Nima to go with them to Hanuman Dhoka for inquiry after he informed them that he had no identity card, promising that he would be released the following day. The police also reportedly arrested his brother and niece.

According to the information source, Nima was taken to the interrogation section of Hanuman Dhoka the following day, where he was accused of stealing goods. When he denied the allegation, the police allegedly beat him for an hour with a plastic pipe and bamboo stick on his back, legs and buttocks, and rolled his thighs with plastic pipe. He was reportedly beaten continuously for 15-30 minutes each day on the first three days of his detention, and intermittently for the next 15-20 days. During these beatings, the police allegedly kicked him with their boots, pressed his stomach with a stick, and forced detainees to slap each other or else face more beating. Nima was reportedly forced to confess and was brought to court 20 days after his arrest. He claims to have suffered prolonged pain from his wounds, anxiety, insomnia, and pain on his right leg and heart.

OMCT wishes to recall that Nepal, as a State party to the Convention on the Rights of the Child, is bound to the provision that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (Art. 37 (a)). Furthermore, the Convention states that “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.” (Art. 37 (c)).
Action Requested

Please write to the authorities in Nepal urging them to:

i. put an immediate end to all forms of torture, cruel, inhuman and degrading treatment in accordance with national and international legislation;
ii. ensure physical and psychological recovery of Aale Magar and Nima Rumba;
iii. guarantee an immediate investigation into the alleged acts of torture and other cruel, inhuman and degrading treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee respect of human rights and fundamental freedoms throughout the country in compliance with national, regional and international laws, particularly with the Convention on the Rights of the Child.

Addresses:

Note: You may encounter difficulties with the fax numbers in Nepal, in which case please address your appeals to the Nepalese Ambassador to the United Nations in Geneva.

Rt Hon Sher Bahadur Deuba, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 227 286

Hon Khum Bahadur Khadka, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 241 942

General Prajwal Shamsher Rana JBR, Chief of Army Staff (COAS), Kathmandu, Nepal, Fax:+ 977 1 242 168

Madan Prasad Aryal, Defence Secretary, Ministry of Defence, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 228 204

Mr Pradeep Shamsher J B Rana, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal, Fax:+ 977 1 415 593/415 594

Mrs Bindu 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, 7 August, 2002

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