: AHRC-UAC-010-2011
24 January 2011
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NEPAL: The torturers of an 11-year-old child must be brought to justice
ISSUES: Torture, police violence, threats and intimidation
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Dear friends,
The Asian Human Rights Commission (AHRC) has received
information that two policemen from Pachuwarghat police station, Kavre
District, tortured an eleven-year old boy, Lakpa Tamang, while
interrogating him in relation to a theft case. After the torture was
revealed, a case was filed at the Dulhikel District Court against the
two alleged perpetrators under the C hild Rights Act, 1992. Only limited
departmental action has been taken against the two officers who are
reported to have fled the district and whose whereabouts are unknown.
Since the filing of the case, the child and his family have received
threats and pressure from the police to withdraw the case. As a result
from the absence of a victim and witness protection mechanism, threats
against victims of torture seeking redress are a major concern in Nepal
and frequently result in the impunity of the perpetrators.
CASE NARRATIVE:
According to the information we have received from the Center for
Victims of Torture Nepal (CVICT), on 15 November 2010 police officers
from Pachuwarghat police station summoned Mr. Maila Tamang to bring his
eleven-year old son, Lakpa Tamang, to the police station to interrogate
him in relation to an alleged case of a lost/stolen gold ring. In the
morning of 16 November, Mr. Maila Tamang reported to the police station
along with his daughter and his son, Lakpa.
There, Lakpa was reportedly separated from the rest of his family and
Sub Inspector Purushottam Shrestha took him into custody and
interrogated him about the lost ring. According to the information we
have received, the Sub Inspector asked the child three times whether he
had stolen the ring and the three times Lakpa replied that he had not.
The child was then taken to the interrogation room and was reportedly
tortured for one hour. According to the information we have received,
Sub Inspector Purushottam Shrestha asked him to crouch down and used a
plastic pipe to beat his back five to six times. Then, his soles were
reportedly subjected to falanga, an extremely painful form of torture
consisting of beating the soles of the feet, 20 to 25 times. It is
further alleged that Police Constable Bhishma Kumar Thapa then applied
electric shocks behind the victim's right ear.
As the police officers threatened that they would kill him if he did
not admit having stolen the gold ring, the boy was forced to confess
that he had done so and to sign a letter of confession. The police
officers further threatened the boy with death should he say anything
about the torture.
After having received the boy's forced confession, the Sub Inspector
went to the victim's father, Maila, who was waiting outside the
station. He reportedly asked him what he would do if his son had stolen
the gold, to which the father replied that he would pay money. The Sub
Inspector subsequently asked Lakpa to confess in front of his father
that he had stolen the gold and wrote a paper stating that Maila Tamang
would pay Rs. 19,000.00 to the complainant. After Maila signed the
paper, Lakpa was released.
After coming back home in the evening, Maila noticed that his son's
back had numerous bruises and that walking was painful for Lakpa. He
realized that his son had been tortured to force him to confess. He
then brought him to a local photographic studio to take pictures of his
injuries.
On 18 November, the child was brought to the CVICT center in Kathmandu
where he stayed for five days to undergo medical examination and
treatment. On 19 November, he was brought to the Tribhuwan University
Teaching Hospital for a forensic examination.
The forensic report notes that the examinee's left leg is injured, that
the examinee shows difficulties when sitting and standing up and that
the examinee's left cheek is slightly swollen. The report further notes
multiple brownish-red tram line contused abrasions on the upper back of
the victim's trunk showing a minimum of six impacts, an 8 cm x 1 cm
faint tram line contusion on the lower back of the victim's trunk, dark
brown colored tender area on both soles which are consistent with deep
contusion.
The report states that the injuries present are consistent with the
history provided, that the age of the injuries is consistent with the
alleged time of infliction. It further states that it is unlikely that
the injuries have occurred after any kind of accident and it is
impossible that they were self-inflicted. The report also concludes
that there is evidence that "falanga", one of the most common methods
of torture in detention, was inflicted on the victim. It states that
there are no visible signs of electrocution on ears but it does not
exclude it as this method usually does not leave any trace on the
victim. Eventually, the report indicates that the photographs provided
by the ex aminee completely match with the findings of the medical
examination.
A month after the events, the victim started to have sleepless nights
and pain behind his right ear, for which he was cured at the centre for
victims of torture.
On 6 January 2010, a case was filed against the two alleged
perpetrators in Dhulikhel District Court under the Child Right Act,
1992. After the case was filed, Dhulikhel District Police Office (DPO)
issued a notice that departmental action had been taken against the two
perpetrators as per the article 85 of the police civil service rules
2059. Nevertheless, since the filing of the case, it is reported that
both of the alleged perpetrators have fled the district and their
whereabouts remain unknown.
Further, we are informed that unidentified police officers belonging to
Pachuwarghat police station, the same police station as the allege d
perpetrators, threatened the family and the boy to drop the case or to
face the consequences. When contacted by the AHRC to ask for the
protection of the victim against threats and intimidations, the Deputy
Superintendent of Police of Dhulikhel DPO denied those threats and
insisted that now that the case was pending in court, it was not the
duty of the police to protect the victim anymore.
ADDITIONAL COMMENTS:
A report by Advocacy Forum published in June 2010 revealed that 22.3%
of the juveniles in detention they interrogated between April 2009 and
March 210 reported that they had undergone torture or other forms of
ill-treatment at the time of arrest or detention. Nevertheless, to
date, not a single police officer has been prosecuted for this offence.
The section 7 of the Children Rights Act, 1992 states that "no Child
shall be subjected to torture or cruel treatment" and contains
provisions that whoever is found guilty of having inflicted torture on
a child shall be liable to a punishment with a fine up to five thousand
rupees or with imprisonment for a term that may extend to one year or
with both, and may be liable to pay a reasonable amount of compensation
to the child. Nevertheless, so far, not a single perpetrator of torture
has been brought to justice under this act, as was pointed Human Rights
Watch in 2008 and reiterated by Advocacy Forum in June 2010.
The lack of appropriate victim and witness protection mechanism is one
of the obstacles which prevent the victims of torture from seeking
legal redress under this act. Although the article 13 of the Convention
against Torture and other cruel, inhuman and degrading treatment or
punishment mandates that "each State Party shall ensure that any
individual who alleges he has been subjected to tor ture in any
territory under its jurisdiction has the right to complain to and to
have his case promptly and impartially examined 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", stories of
retaliations and threats against witnesses and victims of torture
seeking justice are still numerous in Nepal and often act as a
deterrent, preventing them from pushing for redress.
In 2005, the Committee against Torture expressed its concern about
"alleged reprisals against and intimidation of persons reporting acts
of torture, in the forms of re-arrests and threats, and the lack of
witness protection legislation and mechanisms". Similarly, the
Committee on the Rights of the Child in 2005 recommended that Nepal
should consider "Establishing effective mechanisms for receiving,
monitoring and investigating complaints in a child-sensitive manner and
ensuring proper prosecution of perpetrators of child abuse and neglect,
as well as instituting appropriate witness and victim protection
systems". Since then, limited progress, to say the least, has been made
in that regard. In a number of cases of torture, the victims do not
dare to bring charges against the perpetrators or stop attending the
court hearings after receiving threats from police officers, which
allow the perpetrators to go free.
It is therefore very necessary and the state's responsibility that
immediate measures are taken to ensure the protection of the child and
his family during the length of the legal process to make sure that
their vulnerability to threats and abuse from the side of the
perpetrators will not hinder their right to legal redress, once more
allowing those who i nflicted torture on an eleven-year old boy to
remain unpunished.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to
ask for the protection of the victim and his family and immediate
action to bring the perpetrators to justice.
Please be informed that the AHRC will write a separate letter to the
Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment and to the Field Office of the High
Commissioner for Human Rights in Kathmandu, calling for their
intervention in the case.
To support this appeal, please click here:
SAMPLE LETTER:
Dear __________,
N EPAL: The torturers of an 11-year-old boy must be brought to justice
Name of victim: Lakpa Tamang, eleven year old, resident of Thuloparsel, VDC-3, Kavrepalanchowk district.
Names of alleged perpetrators:
1. Sub-inspector Mr. Purushottam Shrestha, Kavrepalanchowk district, Pachuwar ghat police station
2. Constable Mr. Bhismakumar Thapa, Kavrepalanchowk district, Pachuwar ghat police station
Date of incident: 16 November 2010
Place of incident: Pachuwarghat police station, Kavrepalanchowk District
I am writing to ask for the protection of an eleven-year-old torture
victim and his family and for immediate action to bring the alleged
perpetrators to justice.
According to the information I have received from the Asian Human
Rights Commission (AHRC), Lakpa Tamang was tortured on 16 November 2010
by police officers from Pachuwarghat police station, Kavre District,
under interrogation. On 15 November 2010, the police summoned Mr. Maila
Tamang to bring his eleven-year old son, Lakpa Tamang, to the police
station to interrogate him in relation to an alleged case of a
lost/stolen gold ring. In the morning of 16 November, Mr. Maila Tamang
reported to the police station along with his daughter and Lakpa.
I am informed that there Lakpa was separated from the rest of his
family and that Sub Inspector Purushottam Shrestha took him into
custody and interrogated him about the lost ring. The Sub Inspector
reportedly asked three times to the child whether he had stolen the
gold and the three times Lakpa replied that he had not.
I am further informed that the child was then taken to the
interrogation room and was reportedly tortured for one hour. I am told
that Sub Inspector Purushottam Shrestha asked him to crouch down and
used a plastic pipe to beat his back five to six times. Then, his soles
were reportedly subjected to falanga 20 to 25 times. Further, Police
Constable Bhishma Kumar Thapa reportedly applied electric shock behind
the victim's right ear.
I am informed that the police officers then threatened that they would
kill the boy if he did not confess having stolen the golden ring,
forcing him to confess that he did and to sign a letter of confession.
I am further told that the police officers further threatened the boy
with death should he say anything about the torture.
I know that after having received the boy's forced confession, the Sub
Inspector took him to confess in front of his father and asked Maila
Tamang to sign a paper stating that he would pay Rs. 19,000/= to the
complainant.
I know that i t is only after coming back home in the evening that Maila
noticed that his son's back had numerous bruises and that walking was
painful and realized that he had been tortured to force him to confess.
He then brought him to a local photographic studio to take pictures of
his injuries.
On 18 November the child was brought to the CVICT center in Kathmandu
where he stayed for five days to receive medical examination and
treatment. On 19 November, he was brought to the Tribhuwan University
Teaching Hospital for forensic examination.
Please be informed that the forensic report notes that the examinee's
left leg as injured, that the examinee shows difficulties when sitting
and standing up and that the examinee's left cheek is slightly swollen.
The report further notes multiple brownish-red tram line contused
abrasions on the upper back of the victim's trunk showing a minimum of
six impacts, an 8 cm x 1 cm faint tram line contusion on the lower back
of the victim's trunk, dark brown colored tender area on both soles
which are consistent with deep contusion.
Please be further informed that the report states that the injuries
present are consistent with the history provided, that the age of the
injuries is consistent with the alleged time of infliction. It further
states that it is unlikely that the injuries have occurred after any
kind of accident and impossible that they were self-inflicted. The
report also concludes that there are evidences that "falanga", one of
the most common methods of torture in detention, was inflicted on the
victim. It states that there are no visible signs of electrocution on
ears but it does not exclude it as this method usually does not leave
any trace on the victim. Eventually, the report indicates that the
photographs provided by the examinee co mpletely match with the findings
of the medical examination.
Further, I am informed that in the aftermath of torture, in addition to
the initial injuries mentioned in the medical report, a month after the
events, the victim started to have sleepless nights and pain behind his
right ear, for which he was cured at the centre for victims of torture.
Please be informed that on 6 January 2010, a case was filed against the
two alleged perpetrators in Dhulikhel District Court under the Child
Right Act, 1992. After the case was filed, Dhulikhel District Police
Office issued a notice that departmental action had been taken against
the two perpetrators as per the article 85 of the police civil service
rules 2059. Nevertheless, I am informed that this "action" consists of
informing a police officer that he has not been working satisfactorily
and asking him to improve: this is by no way p roportional to the
gravity of the act committed and the perpetrators must be brought to
justice.
I am informed that since the filing of the case, it is reported that
both of the alleged perpetrators have fled the district and their
whereabouts remain unknown. I am therefore urging you to take strong
measures to localize the two alleged perpetrators and bring them before
a court of justice to hold them accountable for inflicting torture on a
child.
I am also told that unidentified police officers belonging to
Pachuwarghat police station, the same police station as the alleged
perpetrators threatened the family and the boy to drop the case or to
face the consequences of pushing the case. I am informed that when
contacted by the AHRC to ask for the protection of the victim against
threats and intimidations, the Deputy Superintendent of Police of
Dhulikhel DPO denied those th reats and insisted that now that the case
was pending in court, it was not the duty of the police to protect the
victim anymore. I know that in Nepal torture victims seeking legal
remedy are extremely vulnerable to threats and intimidation and that
this may prevent them from getting justice. I thus urge you to take
immediate measures to ensure the protection of the victim and his
family during the length of the legal process and to put an end to the
threats they are facing.
I am aware of the extent of the issue of child torture in Nepal: a
study conducted by Advocacy Forum last year found that 22.3% of the
juveniles in detention they interrogated between April 2009 and March
210 reported that they had undergone torture or other forms of
ill-treatment at the time of arrest or detention and I know that strong
action is required to put an end to this phenomenon which deeply
undermines the prope r functioning of the police and its ability to
protect the security and the rights of the citizens of Nepal.
Nevertheless, I know that in most cases of torture of juveniles, if not
all, no legal sanction is taken against the perpetrators that further
encourages the practice of torture. By going to such extent as
torturing an eleven-year old child, including by applying electroshocks
to him, to force him to confess to the theft of a ring, the police have
become those who jeopardize the life and the rights of the weakest not
their protectors and it is imperious that action should be taken
immediately to sanction those behaviors: allowing the perpetrators to
go free will further tarnish the whole institution of police.
Ensuring the protection of the victim and his family and putting an end
to the threats they receive is a mandatory step to ensure the smooth
course of the legal process and I am there fore urging you to take all
the necessary measures to protect the victim and his family from
further threats.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ramesh Chand Thakuri
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432 +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Mr. Bed Battharai
LIM and PAC Department
National Human Rights Commission
Harihar Bhawan,
Lalitpur (Kathmandou)
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Yadhav Raj Khanal
Chief
Police Human Rights Cell
Nepal Police, Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618.004411705.004420542
E-mail: hrcell@nepalpolice.gov.np
5. Home Minister,
Ministry of Home Affairs,
Singha Darbar,
Kathmandu,
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211 .00 4211264
6. Minister of Women, Children and Social Welfare
Singha Durbar,
Kathmandu,
Nepal.
Tel: +977-1-4200408
Fax: +977-1-4200116
Email: mail@mowcsw.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
International Human Rights Day 2010 - Download our pre-print PDF version of the annual reports here.
-----------------------------
Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) - 2698-6339
Fax: +(852) - 2698-6367
Regards
Mahender Kumar ( Jeblin )
Social and Human Rights Activist
+91 9810625008
Email: protectorofhumanrights@yahoo.com
http://www.ihrgc.co.tv/
http://ihrgc.withme.us (welcome comments &feedback)
http://msjeblin.withme.us
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http://indianyouthjusticearmy.ning.com/
http://worldyouthjusticearmy.ning.com/
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