NEPAL: Five minors arrested and tortured, rights activists say

[6 June 2007] - The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member of SOS-Torture network, about the arbitrary arrest and detention, forced labor and alleged torture of eight men, including five minors between 15 and 17 years old and three adults of 18 years old.

They were arrested on 4 May 2007 while waiting for public transportation on the charge of robbery in the Banke district.

According to the information received, on 4 May 2007, two vans of patrolling security personnel of District Police Office (DPO) stopped at Piprahawa Chowk, Ganapur Village Development Committee (VDC), Banke district, around 9.30 pm, where the five minors and three adults were waiting for public transportation.

Seven or eight police officers would have then gone out of the vans and ordered the eight victims to stand on the side of the road, where they were blamed for trying to steal something in the area.

The victims tried to explain that they were returning home after attending a religious ceremony at a friend's house, but the police reportedly did not listen and started beating them with bamboo sticks, the butt of their guns, torches and boots, and also kicked, slapped and verbally abused them for about an hour, in order to force them to accept the robbery allegation.

The police officers then tied their hands on the back with the victims' shirts and handkerchiefs and then loaded into the police van.

The victims were then all transported to the Bheri Zonal Hospital, Nepalgunj, Banke district, for a medical check-up. However, no one was provided with any medications.

At 1 a.m on the next morning, they were all brought to the District Police Office, Banke district, where they complained of their pain due to the torture they had suffered.

Interrogated and beaten

At the DPO, the group was interrogated and beaten with sticks two to three more times during the night. On the following day, some of the members of the group were again interrogated and then forced to dig a big pond on the DPO premises. They were then compelled to work for the preparation of the pond for five days during their detention at the DPO.

On 6 May 2007, all the eight victims were produced to the Banke District Court on the charge of robbery. The Court remanded them for 10 days and again remanded for more days with the same charge on 11 May 2007. However, the victims could not complain to the courts about their torture as the police were presenting in court.

Subsequent to the ill-treatments he was subjected to, Mr. Jeevan Chaudhary's eardrum became swollen. However, when he was examined at the Bheri Zonal Hospital, the doctor stated that he was simply suffering from a common cold.

On 11 May 2007, an application for a medical check- up was filed to the District Court of the Banke district on behalf of Messrs. Mewa La Chaudhary, Jeevan Chaudhari and Maya Ram Chaudhari, who had complained having pain. An order for their medical check-up was issued by the judge on the same day, but the victims were only brought to Bheri Zonal Hospital on 14 May 2007.

On 23 May 2007, the victims were released on the bail amount of 5,000 rupees each, except for Mr. Aman Chauhary, who was released later on the same day, in the condition to report back to the District Police Office of Banke after a week.

OMCT is gravely concerned for the physical and psychological integrity of these five minors and three adults, and recalls that Nepal is a State party to the UN Convention on the Rights of the Child, whose article 37 a) orders that "no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment (...)". The Convention further establishes minimum guarantees for detained children in its Arts. 37 and 40 that have not been respected by Nepal in the present case. 

Nepal is also 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).

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