Torture and ill-treatment in custody of Mr. Kedar K.C. to extract a confession_Fear for his safety

Torture and other forms ofill-treatment in police custody with the purpose ofextracting a confession/ Critical health condition/Fear for physical and psychological integrity/ Risk of impunity

The International Secretariat of the World OrganisationAgainst Torture (OMCT) requests your URGENT intervention in thefollowing situation in Nepal.

Brief description of thesituation

TheInternational Secretariat of OMCT has beeninformed by a reliable source and Antenna International, a member organisationof OMCT SOS-Torture Network, about the arbitrary detention, torture and thesubsequent critical health condition of Mr.Kedar K.C., 34 years old and permanent resident of ImadolMunicipality-8, in Lalitpur District.

Accordingto the information received, from 16 May 2011 to 18 May2011, Mr. Kedar K.C. was subjected totorture and ill-treatment by police officers with the purpose of extracting a confession.His physical and mental health remains, to date, serious as he has not received adequate medical care.

On 16 May2011, at around 4 am, Mr. KedarK.C. was reportedly arrested at his home by three plainclothes policemenfrom the Metropolitan Police Crime Division (MPCD), Hanumandhok, Kathmandu district, under suspicionof gang robbery. The MPCD officers were reportedly under the command ofthe Assistance Police Inspector (ASI), Mr. Prushottam Poudel, and supported byan additional police force of eight to nine policemen, including PoliceInspector (SI) Madhav Khana, who was under the command of Inspector BhismaHumagai[1].The policemen handcuffed Mr. Kedar K.C. andput black glasses on his face before taking him to the MCPD.

During his transfer to the MPCD, Mr. Kedar K.C. was reportedlybeaten up on various parts of his body and threatened with drug smugglingcharges. At the MPCD, he was taken to the topmost floor, where six policemenwere present, including ASI Prushottam Poudel and SI Madhav Khana, and at somepoint the victim of the robbery. Until 12 pm, Mr. Kedar K.C. was allegedly tortured and ill-treatedto extract a confession about a stolen passport. The policemen rolled a woodenstick on his thighs and legs for about 20 -25 minutes after he was forced tolie down on the floor; he was beaten for about two hours on the soles of hisfeet with plastic pipes; he was forced to stand upside down against a wall andwas beaten on the soles of his feet for about 15 minutes; then he was forced tostand on his fours and was beaten on his back, bottom and tight with plasticpipes for about 30 minutes; he also had to jump for about 45 minutes on thefloor where the policemen had disposed sticks and every time he felt on thefloor, he was beaten with sticks on his legs and arms; and he was threatened tobe killed. After being tortured, he was reportedly given some painkillers.

According to the sameinformation, on 16 May 2011, after 12 pm, the police took Mr. Kedar K.C. to hishouse and started searching. The policemen seized several objects, including alaptop, before bringing him back to the DistrictPolice Office (DPO) in Hanumandhok, Kathmandu district, where he was detained[2].At around 7.30pm, Mr. Kedar K.C. was taken to theLitigation Section, to a room where he was blindfolded and handcuffed and thenagain allegedly tortured and ill-treated until 9.30 pmby several police officers including ASI Prushottam Poudel and SI Madhav Khana toget information about the alleged stolen passport.

On 17 May 2011, Mr. Kedar K.C. was informed that he was charged with seven cases. He was also asked toidentify his alleged accomplices at the central jail and on the basis of somepictures. When he said he could not identify them, he was reportedly kicked andbeaten with a plastic pipe and a stick on various part of hisbody. He was also forced to jump on the floor for about 10 -15 minutes. Mr. Kedar K.C’s family, who went to the MCPD togive him food, was not permitted to see him.

On 18 May 2011, Mr. Kedar K.C. was taken to Bir Hospitalwhere he was diagnosed with chest problems and was recommended furtherexamination. Despite his request and assurance that he would pay for all themedical expenses, the policemen did not allow him to pass the tests and he was takenback to the DPO.

According to thesame information, Mr. Kedar K.C. has been officially charged with gang robberyand, on 4June 2011, he was remanded forthe first time for four days. On 6 June 2011, he was taken to theDistrict Court in Kathmandu and, at his lawyers’ request, the judge issued an order for a physicaland mental check up. A medical report was reportedly presented to the court (however,no further information is currently available).

OMCT has also beeninformed that Mr. Kedar K.C. was threatened with reprisals by Inspector BhismaHumagai for informing human rights activists about the torture. The International Secretariat of OMCT expresses itsdeep concern about the safety and the physical and psychological conditions of Mr.Kedar K.C. and urges the competent authorities to guarantee his physical andpsychological integrity at all times.

OMCT recalls thatthe authorities are legally bound to effectively ensure the physical andpsychological integrity of all persons deprived of liberty in accordance withinternational human rights law, and in particular, the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and theInternational Covenant on Civil and Political Rights.

OMCT recalls that, in line with their obligationsunder the abovementioned treaties, it is incumbent on the competent Nepaleseauthorities to consider seriously any allegations of torture and other forms ofill-treatment, and to undertake a prompt,effective, thorough, independentand impartial investigation in thisregard, in order to identify all those responsible, bring them to trial andapply adequate sanctions.

Background information

According to the same information received, Mr. Kedar K.C. had already been arrested inAugust 2010 for public offence by the same aforementioned MPCD officers. He wasreportedly illegally detained in a private house in Sanepa Municipality, in Lalitpur District, for four daysbefore being released but under the obligation to report on due dates untilMarch 2011. In March 2011, during one due reporting, he was reportedly arrestedand illegally detained for four days, time during which he was allegedly tortured.He was released on bail but he was only allowed to go in the evening afterbeing forced the whole day to accompany the police to identify allegedcriminals. After a few days, the District Administrator Officer (DAO) found himnot guilty. Nevertheless, Mr. Kedar K.C. had to report for almost one month duringwhich he was taken to various places to identify suspected criminals.

Action requested

Please write to the authorities in Nepal urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Kedar K.C.;

ii. Provideurgent medical care to Mr. Kedar K.C and guaranteefull access to all members of his family and his lawyer;

iii. Orderhis immediate release in the absence of valid legal charges that are consistentwith international law and standards, or, if such charges exist, bring himpromptly before an impartial, independent and competent tribunal and guaranteehis procedural rights at all times;

iv. Carry out a prompt, effective,thorough, independent and impartial investigation into the aforementionedfacts, in particular thecircumstances of the detention of Mr. Kedar K.C. and 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;

v. Guarantee that no evidence obtained under tortureand other forms of ill-treatment, or threats thereof, be used in courtproceedings against Mr. Kedar K.C. as stipulated in Article 15 of the UN ConventionAgainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

vi. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation, is granted toMr. Kedar K.C.;

vii. 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 against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment and that they bemade punishable with appropriate penalties which take into account the gravenature of the crimes as required;

viii. Ensure the respect of humanrights and fundamental freedoms throughout the country in accordance withnational laws and international human rights standards.

Addresses

Ø Ministry of Home Affairs,Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 /4211264, Fax: +977 1 42 11 232

Ø Inspector General of Police,Ramesh Chand Thakuri, Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Fax: +977 1 4415 593. Email: info@nepalpolice.gov.np

Ø Attorney General, Mr. Yuv RajSangraula, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: +9771 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np

Ø DSP Bishwa Adhikari, HumanRights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 14415593 E- mail: hrcell@nepalpolice.gov.np

Ø Chairman of the National HumanRights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email:nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973

Ø Permanent Mission of Nepal, 81 rue de laServette, 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.

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Geneva, 16 June 2011

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

[1] Inspector Bhisma Humagai was reportedly involved in the torture ofMs. Indra Kala Gurung, Ms. Saraswoti Gurung and Mr. Chandra Gurung on 3 February 2010. See OMCT urgent appeal NPL 230210

[2] MPCD and DPO aresharing the same building in Hanumandhok, Kathmandu district but detention falls under the DPO.