torture in detention

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 the Informal Sector Service Centre (INSEC), a member of the SOS-Torture network, of the torture in detention of Mr. Govind Thakur, 26 years old, and Mr. Sushil Jha, 21 years old, both from Jaleshwar Municipality-4, Nepal.

According to the information received, Mr. Govind Thakur was arrested on 3 November 2006 and detained at the Mahottari District Police Office, Jaleswar, on charge of theft. Mr. Govind Thakur was reportedly beaten with a polythene pipe during interrogation in order to extract his confession to the “crime”.

According to the same information, Mr. Sushil Jha, who had been handed over to the police by villagers based on allegations of burglary, had reportedly named Mr. Govind Thakur after the police had tortured him to reveal the name of his complice.

Following intervention from INSEC district representative, police allowed Mr. Govind Thakur’s father, named Digambar, to meet his son in the presence of inspector Pokharel, right which was previously refused.

Furthermore, the District Police Office reportedly only filed the case on 8 November 2006. The police brought the case to the district court on the same day and allegedly falsely reported that they arrested Mr. Govind Thakur on 8 November 2006. He was brought to the district court by the District Police Office on 9 November 2006.

The International Secretariat of OMCT expresses its deep concern over the arbitrary detention and torture of Mr. Govind Thakur and Mr. Sushil Jha and fears for their psychical and psychological integrity. OMCT recalls that these events are in clear infringement of articles 7 and 9 (1) of the International Covenant on Civil and Political Rights, to which Nepal is a State party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention”. Moreover, OMCT recalls that according to article 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which Nepal is also a State party, “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 (…)”.

Actions required:

Kindly write to the authorities of Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Govind Thakur and Mr. Sushil Jha;
2. Order their immediate release in the absence of valid legal charges, and if such charges exist, ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
3. Order a thorough and impartial investigation into these events, notably the allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to the victims;
5. 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
• Lt.Colonel Dharma Baniya, Chief, Nepal Army, HR Cell, Army Headquarter, Bhadrakali, Kathmandu, Nepal, Tel: +977 1 4 245 020 / +977 1 4 238 219, Fax: + 977 1 4 245 020, E-mail: humanrights@na.mil.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
• SSP Manoj Kumar Shah, 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
• Ambassador Acharya, Gyan Chandra, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• Ambassador Thata Yarayan, 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.

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Geneva, 16 November 2006

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