Rape of a 18-year-old woman by a Police Sub-Inspector and beatings of journalists in Janakpur

The International Secretariat of the World Organisation Against Torture (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 and Antenna International, a member of OMCT SOS-Torture Network, about the alleged rape of Reema (fictitious name), an 18-year-old Indian national, by a Police Sub-Inspector in Janakpur, Dhanusha district. OMCT has also been informed that several journalists were beaten by the police in the aftermath of the alleged facts.

According to the information received, on 19 March 2010, Reema and her husband, who had come to Nepal to get married, were taken to Railway Police Station in Janakpur after four men tried to rape Reema. At the police station, both were questioned by Police Sub-Inspector, Mr. Baburam Jha, before they were brought to separate rooms. Once in the room, Sub-Inspector Baburam Jha reportedly started to take off Reema’s trousers following which she screamed. He then allegedly tied her hands to the bed, put a shawl in her mouth and raped her. After an hour, he gave her some pieces of clothing, keeping her original ones, and took her to another room. Reema, along with her husband, were released early in the morning, on 20 March 2010.

According to the same information, later on the same day, a group of people and journalists gathered in front of the Railway Police Station, after a local radio had broadcasted the news about the rape. Sub-Inspector Mr. Baburam Jha was then reportedly beaten by some individuals in the crowd, as well as by a Police Inspector, Mr. Aabhushan Timalsina, who had arrived earlier at the Railway Police Station along with Police Superintendent, Mr. Shyam Khadka. When Mr. Aabhushan Timalsina and Mr. Shyam Khadka saw that a journalist from the Nagarik Dialy, Mr. Suresh Yadav, took a picture of the scene, they reportedly started to severely beat him. Mr. Suresh Yadav was later taken to the nearby Dhanusha Hospital and then to Kathmandu for further treatment. No information is currently available on his health condition.

It is reported that, on 21 March 2010, another confrontation between the police and the crowd took place in front of the Railway Police Station. The crowd reportedly set on fire an ambulance, following which the police wielded batons at the crowd and fired large quantities of tear gas. However, journalists, who were present at the scene, were allegedly intentionally beaten by the police. The injured journalists are: Jaya Narayan Jha (Janaki FM) who was also taken to Kathmandu for further treatment, Bikas Jha (Mithilanchal FM), Ishwarchandra Jha (Janakpur Today and Joint Secretary, Journalists' Federation, Dhanusha), Laxman Yadav (Janakpur FM), Navin Singh (President, Press Chautari), Birendra Raman (Tehelka.com), Bimalesh Singh (Janakpur Today) and Dhairyakant Datta (Janaki FM). The protests reportedly continued until 22 March 2010, leaving around 30 people and five policemen injured.

On 23 March 2010, Reema reportedly filed a First Information Report (FIR) with the District Police Office in Dhanusha. Sub-inspector Mr. Baburam Jha was reportedly suspended and remanded in custody pending investigation. It is also reported that an investigation committee was set up but no further information is currently available on the status of their investigation.

The International Secretariat of OMCT is gravely concerned about the rape of Reema and the consequences to her physical and psychological integrity. OMCT recalls that according to the Declaration on the Elimination of Violence against Women, Nepal shall “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” (article 4.c).

OMCT also expresses its deep concern about the beatings inflicted upon the abovementioned journalists and urges the competent authorities to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, the result of which must be made public, in order to identify all those responsible, bring them to trial and apply adequate sanctions.

With regard to the protests, OMCT recalls that, while the authorities have the right and the responsibility to protect the lives and safety of the public, they must not use excessive force. The use of force is legitimate only where it is strictly necessary and proportionate.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Reema and the abovementioned journalists;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the alleged mentioned facts, in particular the allegations of rape, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victims concerned;
4. 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, and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required.

Addresses

• Home Minister, Mr. Bhim Rawal, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• Inspector General of 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.np
• Attorney General, Mr. Bharat Bahadur Karki, Office of Attorney General
• Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np
• Chief of Human Rights Cell of police, Mr. Sarbendra Khanal, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 1 4415593 E-mail: hrcell@nepalpolice.gov.np
• Chairman of the National Human Rights Commission, Mr. Kedar Nath Uppadhya, 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

Please also write to the embassies of Nepal in your respective country.

Geneva, 8 April 2010.

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