Torture and ill-treatment in police custody_Fear for safety

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 torture and ill-treatment in police custody inflicted upon 39-year-old factory owner, Mr. Tika Prasad Dahal, permanent resident of Ramechhap, district Bijulikot VDC ward no. 5 and temporarily residing in Sanepa.

According to the information received, on 16 November 2008 at noon, Mr. Tika Prasad Dahal was arrested by a group of policemen of Metropolitan Traffic Police Division (names and ranks not identified) allegedly for being involved in a racket of motorbike theft and sell and taken to Metropolitan Traffic Police Division where he was allegedly severely beaten.

According to the same information, three policemen in plain clothes beat Mr. Tika Prasad Dahal with a bamboo stick and an iron chain on his hands, legs and back, while accusing him of stealing and selling several motorbikes. The three policemen repeatedly beat him and ask him the number of motorbikes he had stolen and the names of others involved in the business. Mr. Tika Prasad Dahal was allegedly slapped and punched on his ears and head for about half an hour, following which he was taken to another room by two other policemen. There, he was reportedly beaten on different parts of his body with punches and bamboo sticks while being asked questions with regards the case. After a while, Mr. Tika Prasad Dahal allegedly confessed in order to stop the beatings.

Mr. Tika Prasad Dahal was then reportedly taken to several different places to assist to the arrest of his friends and at about 6:30pm, he was brought to Metropolitan Police Range Hanumandhoka, Kathmandu, where he was allegedly again beaten by two policemen in plain clothes with a plastic black pipe on his legs and calves. He was punched on the backside of his head and made to lie on the floor while being beaten. He was reportedly once more interrogated on the number of motorbikes stolen and sold.

On 19 November 2008, Mr. Tika Prasad Dahal was presented before the Kathmandu District Court and charged of theft. On 23 November 2008, he was hospitalised for mental disorder, reportedly due to the torture and ill-treatment suffered, and has remained under Metropolitan Police Range Hanumandhoka control at Mental Hospital of Lalitpur.

The International Secretariat of OMCT expresses its deep concern about the torture and ill-treatment inflicted upon Mr. Tika Prasad Dahal while in police custody in order to obtain a confession. OMCT fears for his safety as he remains under police control being at particular risk of further torture and ill-treatment. OMCT 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. OMCT further recalls Article 11 of the Convention against Torture “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”and article 15 of the said Convention, “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.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, 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 Mr. Tika Prasad Dahal;
2. Guarantee unconditional access to his lawyer, family and any medical treatment and care he may require;
3. Guarantee that no evidence obtained under torture be used in the court case as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
4. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
5. Order a thorough and impartial investigation into these events, notably the allegations of torture and ill-treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. Guarantee that adequate compensation is awarded to Mr. Tika Prasad Dahal;
7. 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 are clearly defined in law as offences in accordance with the provisions set out in Article 1 of the Convention against Torture and shall be made punishable with appropriate penalties which take into account the grave nature of the crimes as required under Article 4 of the Convention against Torture.

Addresses

• Home Minister Mr. Bamdev Gautam, Home Minister, Ministry of Home Affairs, Singha Darbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• Inspector General of Police, Hem Bahadur Gurung 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
• Mr. Raghav Lal Vaidya, Attorney General, Office of Attorney General, Ramshahpath, Kathmandu, Nepal, Fax: +977 1 4262582, Email: attorney@mos.com.np
• SSP Mr. Binod Singh and Superintendent of Police, Mr. Sarbendra Khanal, Police HR Cell, Human Rights Cell, Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax : +977 1 4415593 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, 3 December 2008

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