UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

5 July 2007

[RE: UA-177-2007: NEPAL: Alleged brutal torture and attempted rape of a woman by Police; UP-080-2007: NEPAL: Alleged torture of other 13 men by police in Kathmandu]
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UP-094-2007: NEPAL: Torture and sexual molestation victim receives threats from the police for registering a case in court

NEPAL: Threats and intimidation; torture; sexual molestation; impunity; witness protection
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by reports that a torture and sexual molestation victim, 30 year-old widow Ms. Kalpana Bhandari, has received serious threats from the police since she registered a case demanding compensation for torture with the Kathmandu District Court on June 11, 2007, concerning her arbitrary arrest, torture and sexual molestation by members of the police on May 17, 2007 (please see UA-177-2007 for further details concerning this case).

CASE DETAILS:

According to the information received, on June 28, 2007, Police Inspector Mr. Hira Bahadur Pandey of New Baneshwar Metropolitan Police Circle , Kathmandu, called Mr. Kalayan Budhathoki to the Police Circle and told him to deliver a message to Ms. Kalpana Bhandari for her to withdraw the case.

Mr. Kalayan Budhathoki was also arrested on 17 May by the police under the command of Mr. Hira Bahadur Pandey in a separate incident that is linked to Ms. Kalpana Bhandari’s arrest. Both were arbitrarily arrested and tortured having been charged with setting fire to a government vehicle. (For details, please also see UP-080-2007)

Mr. Kalayan Budhathoki later stated that Police Inspector Hira Bahadur Pandey had told him that: "Kalpana has filed a case against us. So, convey to her the message that she must withdraw the case. If she doesn't withdraw the case, I will arrest her under any charge and treat her badly."

The AHRC is gravely concerned for Ms. Kalpana Bhandari’s physical and psychological integrity as a result of these threats of illegal arrest and torture and urges the Nepalese authorities to take immediate action to protect Ms. Kalpana Bhandari from any further abuse, to investigate the allegations of threats against her by Police Inspector Hira Bahadur Pandey, to also investigate the allegations of torture and sexual molestation concerning which a case has been filed in court, and to ensure that any persons found responsible for these acts be brought to justice and that adequate reparation be provided, in line with international laws and standards. Similarly, investigations and prosecutions must be immediately carried out concerning the case of Mr. Kalyan Budhathoki and Mr. Bhoj Raj Timilsina who were also allegedly arbitrarily arrested on May 17, 2007 in a related incident and later tortured by the police.

BACKGROUND INFORMATION:

On 17 May 2007, victims of the Maoist insurgents called a 'Transportation Strike' in Kathmandu. The security forces arrested more than a dozen victims of the Maoists in different places under a range of charges. Some of the victims were charged with setting fire to a government vehicle and others while trying to gather for the 'Transportation Strike'.

A First Information Report (FIR) was given by the driver and some government officials who were inside the government vehicle which was set on fire. According to the FIR, the complaint stated that two unknown males and two females had set fire to the vehicle but no names of the particular suspects were mentioned in the FIR.

The afore-mentioned cases of arbitrary arrest, torture and sexual harassment are testimony to the continuing use of torture by the police as part of criminal investigations and the impunity that accompanies it. 

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to take all necessary measures to ensure that the victims receive immediate protection and that investigations and prosecutions are launched concerning the cases of threats, arbitrary arrests, torture and sexual molestation mentioned above. The AHRC is also writing to UN Special Rapporteur on the Question of Torture concerning this case.

To support this appeal, please click here:

Suggested letter:

Dear ___________,

NEPAL: Torture and sexual molestation victim receives threats from the police for registering a case in court

Name of victim: Ms. Kalpana Bhandari, aged 30, widow with two children, permanent resident of Pingkuli Village Development Committee ward no 5, Ramechhap District, Nepal; temporary resides in Lalitpur district
Name of alleged perpetrators: Police inspector Mr. Hira Bahadur Pandey of New Baneshowar Metropolitan Police Circle, Kathmandu
Date of incident: June 28, 2007

I am deeply concerned by reports that a torture and sexual harassment of a victim, 30 year-old widow Ms. Kalpana Bhandari, has received serious threats from the police since she registered a case demanding compensation for torture with the Kathmandu District Court on June 11, 2007, concerning her arbitrary arrest, torture and sexual harassment by members of the police on May 17, 2007 (please see UA-177-2007 for further details concerning this case).

According to the information received, on June 28, 2007, Police Inspector Mr. Hira Bahadur Pandey of New Baneshwar Metropolitan Police Circle, Kathmandu, called Mr. Kalayan Budhathoki to his office and told him to deliver a message to Ms. Kalpana Bhandari for her to withdraw the case. Mr. Kalayan Budhathoki was also arrested on 17 May by the police under the command of Mr. Hira Bahadur Pandey in a separate incident that is linked to Ms. Kalpana Bhandari’s arrest. Both were arbitrarily arrested and tortured having been charged with setting fire to a government vehicle.

Mr. Kalayan Budhathoki later stated that Police Inspector Hira Bahadur Pandey had told him that: "Kalpana has filed a case against us. So, convey her the message that she must withdraw the case. If she doesn't withdraw the case, I will arrest her under any charge and treat her badly."

I remain gravely concerned for Ms. Kalpana Bhandari’s physical and psychological integrity as a result of these threats of illegal arrest and torture and urge the Nepalese authorities to take immediate action to protect Ms. Kalpana Bhandari from any further abuse, to investigate the allegations of threats against her by Police Inspector Hira Bahadur Pandey, to also investigate the allegations of torture and rape concerning which a case has been filed in court, and to ensure that any persons found responsible for these acts be brought to justice and that adequate reparation be provided, in line with international laws and standards. Similarly, investigations and prosecutions must be immediately carried out concerning the case of Mr. Kalyan Budhathoki and Mr. Bhoj Raj Timilsina who were also allegedly arbitrarily arrested on May 17, 2007 in a related incident and later tortured by the police.

I look forward to your prompt response in this matter.

Yours sincerely,
 
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np

2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np

3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np  

5. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)