Nepal: Arrests and Torture of several people The Human Rights Actions Network - Derechos Human Rights http://www.derechos.org/human-rights/actions/ Case NPL 140397 And Child Concern NPL 140397 The International Secretariat of OMCT requests your urgent intervention in the following situation in Nepal. Brief situation: The International Secretariat has been informed by a reliable source of the arrest of 12 persons in Kohalpur in Banke in the Mid Western region of Nepal.. During the night of February 22nd, Forest Officers of the Kamdi Forest Office, arrested 12 persons alleging their involvement in illegal timber theft. The persons were taken to the Forest Office and detained. According to the information 4 of the above persons were then allegedly tortured. Mohammed Rafi Khan, 30, was arrested at 3.00 am in the forest, near Kohalpur on February 2. He staes that he had gone to the forest to collect "Jhouwa" a local product and had a permit (Permit No 493 issued November 26 1996) issued by the Forest Office. He also stated that it was common practice to go the forest late night so as to be able to start the search early morning. This practice was confirmed by local people. When he was detained the officer accused him of illegal logging. He showed the officers his permit and explained what he was doing. The Officer took him back to the Office and subjected him to electrical torture during interogation between 10pm to 2 am when he refused to sign a prepared confession. The guard Sajan Thapa inflicted the electric shocks under orders from the District Forest Officer Banke Rajan Pokhrel. He was then beaten with sticks on his legs and the soles of his feet (an extremely common practice in Nepal detention centres) He fell unconscious as a result of the torture. The next day ( 27/02/97) he was taken to a health worker were his condition worsened. On March 2 he was transfered to the emergency ward of Bheri Hospital in Nepalgunj. On 4th March he was discharged and taken back to custody. His wounds are consistent with the described treatment. Ram Samajh Gadaria , 20, also for Banke District, was arrested with Mohammed Rafi Khan. He was similarly tortured and was admitted to Hospital on March 2 1997. His wounds are similarly consistent with the described treatment. Mohammed Hussein, was arrested on the night of February 22 in the same area for similar reasons. He was also tortured during interrogation on February 27th. He was subjected to beatings and electric shocks. He was not hospitalited. Ram Gopal Barma, from the same district, arrested on February 22 in the same area was allegedly carrying a sawed off gun. He was beaten with sticks at the time of arrest but was not tortured in custody. His wounds are consistent with treatment described. On the night of the 12th another seven others were arrested, amongst them a child (see case below) Given the circumstances of the case there is grave concern for the physical and psychological integrity of all the detainees OMCT has repeatedly expressed concern over the excessive powers and the practice of torture by Forest Officers, most recently in its report to the Committee on the Rights of the Child: "The powers given to officers combined with the remote location of forest stations mean and the lack of any real sanctions against the officers, should they abuse their powers, means that they are able to exercise their powers with almost total impunity" OMCT notes that Nepal has subsequently introduced the Torture Compensation Act 1996, whilst flawed its states categorically that torture should not be inflicted on anyone for any reason. Child Concern NPL 140397 The International Secretariat has also been informed of the arrest, on the night of the 12th of Mohmad Harum Khan aged 11. He was not subjected to torture at the tie of detention, but given the conditions and circumstances of his detention, their are grave fears for his physical and psychological integrity. Action requested : Please write to the Nepalese authorities urging them to: i. take immediate measures to guarantee the physical and psychological integrity of the all those detained and particularly the child Mohmad Harum Khan in Kohalpur Forest Office; ii Order the immediate release of Mohmad Harum Khan and release all other mentioned person in the absence of valid legal charges, should such charges exist ensure that they are brought immediately before a public tribunal and that their procedural rights are guaranteed at all times. iii. open a full impartial inquiry into the all the events and allegations of violations of fundamental rights, identify all those responsible and bring them to trial and apply the penal, civil and /or administrative sanctions provided by legislation; iv immediately review the powers enjoyed by the Forest Officers under the Forest Act of 1992 and bring into conformity with recent legislation and international norms; v. provide compensation and redress to all the victims and their dependants under the terms of the Torture compensation Act 1996 vi. guarantee in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international standards. Addresses: Prime Minster designate Lokendra Bahadur Chand . Singh Darbar, Kathmandu Fax : + 977 1 227286 Tel : +977 1 227955 The Minister for Home Affairs, Ministry of Home Affairs, Singh Darbar, Kathmandu, Nepal. Fax : + 977 1 227 187 Tel: +977 1 224737 Mr Moti Lal Bohra, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal. Fax: + 977 1 415 594 Tel :+977 1 411210 Mr Moti Kaji Stapit, Attorney General of Nepal, Office of Attorney General of Nepal, Singh Darbar, Kathmandu, Nepal. Fax: + 977 1 22 72 82 Tel :+977 1 227197 Geneva, 14 March 1997 Human Rights in Nepal http://www.derechos.org/saran/nepal.html