Torture in detention and risk 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, of the torture suffered by Mr. Umesh Lama (28 years old), permanent resident of Sarlahi District, Parvanipur VDC ward no. 1, and temporarily residing at new Baneshwor in Kathmandu district, while in custody at the Metropolitan Police Range in Hanumandhoka, in Kathmandu.

According to the information received, Mr. Umesh Lama was arrested, for unclear reasons, on 1 April 2008 at around 4pm by a group of six plainclothes police officers in the Kamalpokhari area of Kathmandu and taken to the Metropolitan Police Range in Hanumandhoka, where he was reportedly tortured until he lost consciousness. Mr. Umesh Lama was allegedly indiscriminately beaten with sticks and boots for about five hours by five police officers. They also reportedly cut his skin of his fingers and other parts of his body with a razor blade. After a few hours, he was transferred to the Metropolitan Police Sector in Budanilkantha, in Kathmandu, without being provided any medical treatment.

According to the same information, when his wife tried to visit him at the Metropolitan Police Range in Hanumandhoka on 2 April 2008, the police denied he was detained. His family was only able to meet him on 8 April 2008 at the Metropolitan Police Sector in Budanilkantha once they got informed on that same day. They said they found Mr. Umesh Lama in a poor health condition. He was reportedly vomiting and his skin had turned yellow. They asked for his transfer to a hospital but police first refused. On 9 April 2008, he was eventually brought to Om Hospital and Research Centre in Kathmandu before being admitted at Bir Hospital in Kathmandu. The doctor at the hospital reportedly referred Mr. Umesh Lama for consultations to the National Kidney Centre in Kathmandu suspecting that one of his kidneys had failed. According to the information, the medical report indicates that Mr. Umesh Lama has had fever for over a week, has been vomiting continuously for seven days, has had abdominal pain and has jaundice.

According to the same information, on 9 April 2008, police had reportedly tried to give Mr. Umesh Lama’s family an arrest letter stating that he had been charged with attempt to kidnap, but his family refused to accept it and on 15 April 2008, filed a Habeas Corpus writ petition in the Appellate Court in the Patan area of Kathmandu, stating that his detention was illegal as he had not been produced in court since his arrest. On the same day, police asked for a remand order from the District Court in Kathmandu, having charged him with attempt to kidnap.

On 20 April 2008, a local human rights organisation wrote to the Police Human Rights Cell requesting an immediate investigation into the torture of Mr. Umesh Lama. It was informed that a detailed report on the event had been requested to the Metropolitan Police Range in Hanumandhoka on 21 April 2007 but no further information has been provided yet to the human rights organisation.

On 24 April 2008, Mr. Umesh Lama’s family applied for medical support before the Metropolitan Police Range in Hanumandhoka but has since reportedly faced pressure by the police not to further disclose the case. The police allegedly said they would cover the medical costs and withdraw the charges against Mr. Umesh Lama if the family states that he had been beaten by locals while trying to escape the police, which the family refused. On 28 April 2008, the family subsequently filed a case under the Torture Compensation Act (TCA).

Mr. Umesh Lama currently remains under police guard in Bir Hospital in Kathamandu. However, he may be returned to a police station where he would be at risk of further torture and other ill-treatment.

The International Secretariat of OMCT expresses its deep concern about the acts of torture suffered by Mr. Umesh Lama in custody and the intimidations he and his family are facing for trying to report the case. 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. Moreover, OMCT would like to recall article 13 of the Convention against Torture which stipulates that “Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.”

Action requested

Please write to the authorities in Nepal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Umesh Lama and his family and guarantee him immediate and unconditional access to his family, lawyer and appropriate medical treatment he may require;
2. 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;
3. Order a thorough and impartial investigation into these events, notably the acts 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 Mr. Umesh Lama;
5. 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 under criminal law 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 Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, 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, 30 April 2008

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