No proper investigation into allegations of torture of an 18-year-old student

Allegation of torture and ill-treatment/ No properinvestigation/ Risk of impunity

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in Nepal.

Brief descriptionof the situation

The International Secretariat of OMCT has been informed by Advocacy Forum (AF), amember organisation of OMCT SOS-Torture Network, about the alleged torture andill-treatment inflicted on Mr. DipenLimbu, an 18-year-old student and resident of Sanischare VDC-7, NayaBuspark, Jhapa district, by the police. OMCT is concerned that, to date,no proper investigation has been reportedly carried out into the aforementionedallegations.

According to the informationreceived, on 20 July 2012 at about 7 pm Mr. Dipen Limbu was playing games onhis mobile phone in front of the Angry Boy Hotel, nearby his home, whenAssistant Sub Inspector (ASI) Ram Kumar Sherpa from Temporary Police StationSanischare (identified by Mr. Limbu) arrived with other two unidentifiedpolicemen in plain clothes and asked him why he was sitting in front of thehotel. He was taken inside the hotel after he responded that he was waiting forsome friends. There, he was ordered to sit on his knees. The policemen thenreportedly punched him on his head with their fists and kicked him randomlywith their boots on his back. They continued to kick on his head and otherparts of his body when he fall on the floor. They also kicked him with sticksaccusing him of extorting money from businessmen. When Mr. Limbu reportedlywanted to know more about the extortion allegations, the policemen continuedbeating him. He was then forced to lie down on the floor on his stomach whilethey continued beating him.

According to the same information,Mr. Dipen Limbu was then taken to Area Police Office (APO) Birtamod in a policevan. He was allegedly kicked during the transfer and, once at the APO, he wasslapped and beaten with a black plastic pipe and rubber belt turn by turn byabout four policemen for about five minutes while being forced to sit on hisknees. He was then taken to Kankai Hospital, Birtamod for a medical check-up. However,according to Mr. Dipen Limbu, the doctor only asked him if he had comsumedalcohol and did not ask him anything about the marks on his body. He was later broughtback to APO Birtamod where he was detained for two days without any charges. Hewas released on 22 July 2012.

According to AF lawyers who met Mr.Dipen Limbu on 22 July 2012, they observed several wounds and marks on severalparts of his body. Mr. Limbu also complained of neck pain and headache due tothe kicking. On 24 July 2012, he went to Mechi Zonal Hospital for a medicalexamination after a court order was issued. The medical report has not yet beenreleased.

The InternationalSecretariat of OMCT expresses its deep concern about the safety and physicaland psychological integrity of Mr. Dipen Limbu. OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture andill-treatment, in accordance with international human rights standards, theresult of which must be made public, in order to bring those responsible beforea competent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil theirobligations under international human rights law to protect the right not to besubjected to torture or other cruel, inhuman or degrading treatment orpunishment and to bringing to justice those responsible for violating thisright.

OMCT also recalls that victimsof torture and ill-treatment must be ensured the right to an effective remedyfor the human rights violations suffered as well as the right to full redress,including compensation and rehabilitation.

Action requested

Please write to the authorities in Nepalurging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Dipen Limbu, hisfamily and the lawyers working on the case;

ii. Immediately put in place adequate protection measures for Mr.Dipen Limbu pending investigation;

iii. Carry out a prompt, effective,thorough, independent and impartial investigation into the allegations of torture and ill-treatment,in accordance with international human rights standards, the result of which mustbe made public, in orderto bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;

iv. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation, is granted to Mr. Dipen Limbu;

v. 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 (which is not the case under the 1996Torture Compensation Act).

Addresses

Ø Deputy Prime Minister and Minister of HomeAffairs, Mr. Bijaya Kumar Gacchedar, Ministry of Home Affairs, Singha Darbar,Kathmandu, Nepal. Tel: + 977-01-4211208 / + 977-01-4211214, Fax: +977-1-4211257 / 4211286, Email: gunaso@moha.gov.np

Ø Inspector General of Police, Rabindra PratapShah, Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Fax: +977 1 4 415 593, Email: info@nepalpolice.gov.np

Ø Attorney General, Mr. Mukti Nath Pradhan, Officeof Attorney General Ramshahpath, Kathmandu, Nepal, Fax: + 977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np , socialjus@gmail.com

Ø DSP Bishwa Adhikari, Human Rights Cell, NepalPolice, Kathmandu, Nepal PO. Box No.: 407, Fax: + 977 1 4415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairman of the National Human Rights Commission,Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org ; complaints@nhrcnepal.org Fax: + 977 15547973

Ø Head of the Human Rights Unit, Office of thePrime Minister and Council of Ministers, Singh Darbar, Kathmandu, Nepal. Tel: +977-01-4211000, P. O. Box: 23312, Email: info@opmcm.gov.np

Ø Permanent Mission of Nepal, 81 rue de laServette, 1201 Geneva, Switzerland,Fax: + 4122 7332722, E-mail: mission.nepal@bluewin.ch

Please also write to the embassies of Nepalin your respective country.

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Geneva, 16 August 2012

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