Threats after filing a torture compensation act

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 threats faced by Ms. Noorjan Khatan, 37 years old widow, permanent resident of Jamtoki, Muslim Tole in Kathari VDC -2, Morang District, after filing a torture compensation case to the District Court of Morang.

According to the information received, on 3 March 2008, Ms. Noorjan Khatan was threatened by Assistance of Police Inspector (ASI) Mr. Bal Ram Yadav of District Police Office (DPO) Morang, who had allegedy tortured her while in detention in September 2007, to withdraw the case she had filed when she was returning, along with her sister-in-law, from a court hearing on her case. ASI Bal Ram Yadav reportedly tried to persuade her by saying that he would provide money to support her daily expenses. He reportedly asked her “How will you manage your daily expenses? I will provide you money for your daily expenses such as – fooding, clothing and so on.”

Ms. Noorjan Khatan had already been threatened by two unidentified police personnel to withdraw the case on 3 December 2007. Ms. Khatan reported that they had ordered her to bring her son, Mr. Mo. Anabarul, to the police station and warned her that they would arrest and charge him with various crimes if she would not withdraw the case from the court.

According to the same information, Ms. Noorjan Khatan had been arrested on alleged charges of robbery by the police personnel deployed from DPO Morang district on 5 September 2007 at about 9:15 pm, after her house had been cordoned off by some 20 police personnel, including ASI Bal Ram Yadav. She was then allegedly beaten on her thighs with the butts of rifles and sticks and threatened to be killed by the police while on the way to DPO, Morang. She was arrested along with her nephew Mr. Jabbar Miya[1].

Once at the DPO Morang, Ms. Noorjan Khatan was reportedly detained in room No. 5 of the Investigation Department along with her nephew and was again beaten on her thighs and on her back with a stick by an unknown policeman. Then, after about 15 minutes, both of them were taken to separate rooms and detained. On 7 September 2007, at about 10:00 a.m., Ms. Noorjan Khatan was taken to the room of Women Cell, where, according to the information, a policewoman undressed her outer sari in the presence of three male police, including SI Balram Yadav, and two other policewomen. She was then allegedly beaten by the police head constable, Ms. Bhagawoti Khatiwada, and another policewoman, with a stick, while being interrogated about the rubbery. Ms. Noorjan Khatan reportedly started crying with pain and sat on the chair that was near her but the policewoman shoved her on the ground and the beatings continued, while ASI Bal Ram Yadav reportedly warned her to leave her house. She was allegedly beaten continuously for about 15 minutes and then ordered to jump up and down for more 10 minutes. Whenever she would cry, the policewoman would stop her by blocking her mouth with her hand. While she reportedly repeatedly said that she was unaware of the rubbery, the police would continue to beat her. On 9 September 2007, early in the morning, she was reportedly ordered to clean the floor of the women cell with a broom and then with wet clothes.

According to the information, on 10 September 2007, she got sick (she vomited, had severe headache, got dizzy and could not eat) and was taken to Koshi Zonal Hospital, Morang district. However, she could not complain as she was accompanied by a policewoman. At about 5:00 p.m. she was released without charges but was reportedly told by the police to come to DPO if needed. On 11 October 2007, she registered a torture compensation case to the District Court of Morang.

The International Secretariat of OMCT expresses its deep concern about the alleged acts of torture against Ms. Noorjan Khatan and about the threats she faced for having filed a complaint. OMCT is very much concerned by the apparent impunity of the perpetrators and recalls that Nepal is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the Nepalese authorities to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a thorough investigation in this regard.

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Noorjan Khatan;
2. Order a thorough and impartial investigation into these events, notably the allegations of torture and threats, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to Ms. Noorjan Khatan;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211229, Fax: 97714211232 Email: moha@wlink.com.np
• Mr. Baman Prasad Neupane, HR Cell, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206 Fax: +977 1 4211266
• Mr. Yagya Murti Banjade, Attorney General, Office of Attorney General; Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.np; info@nepalpolice.gov.np
• SP Nava Raj Silwal, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax : 9771415593 E-mail: hrcell@nepalpolice.gov.np
• Mr. Kedar Nath Uppadhya, Chairman of the National Human Rights Commission, 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
• Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66 38, Fax: +32 2 344 13 61, E-mail: rne.bru@skynet.be

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

Geneva, 03 April 2008

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

[1] See Urgent Appeal NPL 281107.