NEPAL: The police state quite likes torture

Thu, Jun 26, 2014 at 11:09 AM

A Statement from the Asian Human Rights Commission

Courtesy image from AHRC

Nepal is a country where torture and ill-treatment are widely practiced by state and non-state actors. Torture haunts detention centers, and there is no mechanism for the investigation of allegations of torture in the country. The culture of impunity strengthens its hold in Nepal, despite the armed insurgency having ended, and the Comprehensive Peace Agreement signed, in 2006.

The police have been using torture as if it is the most credible form of investigation. Both the police and the courts are under resourced and suffer from lack of training. The incapacity of the police to investigate a case scientifically and the abuse of power in Nepal restrict the liberty of Nepalese citizens.

Impunity and the incapacity of the Nepal police to investigate cases have been exposed continually. Earlier this year, the police brutally tortured Kalu and Hikmat Chaudhari for trying to teach them about law and jurisdiction. The Nepal police have even tortured children aged 9 and 11. The police are shrewd and try to cover up their tracks. They frequently torture victims when victims are detained in police stations. After releasing them, the police often call them back to torture them again. In some cases that the Asian Human Rights Commission (AHRC) has helped document, such instances of serial torture have continued for over a year.

Nepal has acceded to the Convention against Torture (CAT) on May 14, 1991. In 1996, the Government of Nepal promulgated the Compensation relating to Torture Act, 1996, also known as the Torture Compensation Act (TCA), which demonstrates a lack of understanding of torture and fails to match the standards of the CAT. Nevertheless the TCA prohibits torture, provides for compensation to victims of torture, and prescribes departmental action against government employees who inflict torture.

The Interim Constitution of Nepal, 2007, penalizes torture. Apart from the TCA and the Interim Constitution, the National Human Rights Commission (NHRC) Act, 2012, the Evidence Act, 1974, the Draft Criminal Code and Country Code, 1963, also contain important provisions against torture. However the NHRC is restricted to only receiving complaints of torture and making recommendations to the government; the government has been turning a deaf ear to these recommendations. And, laws and provisions have not safeguarded more and more Nepalese from falling victim to torture.

None of the provisions and laws related to torture criminalizes the act in Nepal. The government has failed to criminalize torture despite a 2007 Supreme Court order directing it to do so.

The government prepared a bill to criminalize torture; it was tabled in Parliament in 2012. However, Parliament was dissolved before the bill could be passed. The AHRC has learned that the police have expressed strong resentment to the proposed law. Threats have been made that if the government were to pass such a law, the police would not be able to maintain peace and order in society.

Torture and ill-treatment are widely practised on victims who have no connection to the crime being "investigated", in particular to help fabricate charges and extract confessions. And, virtually no perpetrators of torture and fabrication of charges have been tried and punished in Nepal.

When there is an allegation of torture, the allegation is not investigated, forget about being tried and proven, as both the perpetrators and investigators are police officers, often working in the same police station. Consequently, torture remains unaddressed by the institutions of the Nepal State.

The Government of Nepal has to not taken steps to reduce the incidence of torture. It continues to express commitment to criminalize torture, to investigate cases of torture, and to reform the functioning of security forces. These commitments remain unfulfilled.

There is need for an anti-torture law in Nepal, in line with the definition stipulated in Article 1 of the CAT. The Government should also ratify the Optional Protocol to the Convention against Torture (OPCAT) and become a state party. There is also need to bring a Witness Protection Act with robust mechanisms. And, separate mechanisms should be introduced in order to provide trauma counseling services to torture victims.

However, simply promulgating such a law or laws will be insufficient; as such laws are not enforced in practice. To address the core problem, the country will need to strengthen its criminal justice institutions. A legal framework needs to be developed so investigations and prosecutions are possible in the cases of human rights violations, including torture. Unless Nepal strengthens its criminal justice institutions, the practice of torture is going to remain a tool for "investigation".

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Excessive use of force by Police

A Statement from the Asian Human Rights CommissionWed, Mar 6, 2013 at 10:22 AM

INDONESIA: Poso video calls for establishment of independent procedures for reviewing the use of force by police officers

A video depicting ill-treatment and excessive use of force by police officers has recently been released to the public. In the video, several men who were suspected of being terrorists were lying down on the grass with their hands bound while the police officers asked them questions. One of the suspects was shot in his leg while one other identified as Wiwin Kalahe was shot in his back and the back of his head. The Indonesian National Police spokesman has confirmed that the video was taken in 2007 during a counter-terrorism operation in Poso, Central Sulawesi.

While condemning terrorism and any type of violence, the Asian Human Rights Commission (AHRC) is saddened that the police officers made use of such excessive use of force in conducting the operation. The short conversation between Wiwin Kalahe and a police officer in the video, for instance, reveals that Wiwin was shot by the police after he surrendered.

The AHRC is aware that the Indonesian National Police has promised to bring the police officers involved in the excessive use of force to justice and that 26 police officers are currently under investigation. The Commissioner of the National Police Commission, M. Nasser, has also mentioned in the media that over half of those police officers will be criminally prosecuted. The AHRC welcomes and appreciates the positive response given by the National Police to the allegations of ill-treatment and excessive use of force. However, it wishes to emphasise that this case reflects the need for the National Police to carry out more research into the activities of its officers in order to curtail their arbitrary and excessive use of force rather than simply punishing the perpetrators. The institution should treat the case as a call to evaluate and amend its policy on the use of force, particularly those engaging lethal weapons, by its members.

The AHRC has received and published various reports in the past concerning the allegations on excessive use of force by the police from different units, including the anti-terrorist detachment, Densus 88, and the mobile brigadiers (Brimob). The excessive force had been performed by the police officers towards various groups, including peaceful protesters (see, for instance, Police use excessive force during a peaceful protest in South Sumatera), unarmed civilians posing no imminent threat (see Police shoot an unarmed and spread a false report), criminal suspects attempted to escape (see Police shot arrestee in the head while allegedly trying to escape), as well as individuals alleged to be members of terrorist groups (see Police act disproportionately in war on terror). One commonality in these cases is that there have been no measures taken by the police to investigate the disproportionate use of force. There is no way, as of today, in which the claim by the police that the measures they took were 'proportionate and necessary' can be effectively and impartially challenged. Most of the time, if not always, the allegations on excessive use of force by the police are thus forgotten and the perpetrators remain unpunished.

The AHRC is aware that there are circumstances where use of force and lethal weapons are inevitable and necessary. However, to avoid arbitrariness and minimise the negative impact of it, a reporting and review procedure should be established. As pointed out in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, these procedures shall be effective and independent. Instead of being examined by the police themselves, cases of death, serious injury or other grave consequences caused by use of force and firearms should be available for competent authorities responsible for administrative review and judicial control.

Given this above, the AHRC is calling upon the Indonesian government to ensure that such independent procedure is available and accessible in the country. The AHRC is urging the National Police to be cooperative and open itself for reform. It is essential that the police also regularly review its internal regulations and procedures concerning use of force to ensure their compliance with human rights principles. In the mean time, in the absence of an independent mechanism to review their actions, the police have to impartially investigate any complaints and allegations concerning disproportionate use of force perpetrated by its members.

Read this statement online

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Mumbai Consultation on Police Reforms:'

Sent: Friday, February 22, 2013 10:17 PM
Better Policing-Safer City:How to make it happen
                                                                                        From: Dolphy D'souza
Date: Friday, 22 February, 2013


Venue: Utsav Banquet Hall, JamshedJi Tata Road ChurchGate 


Press Statement  on the deliberations at the above meeting:22/02/13

The COMMONWEALTH HUMAN RIGHTS INITIATIVE [ CHRI] Delhi in association
with Citizen Initiative for Peace (CIP), Praja, PCGT, M R. Pai Foundation. Akshara, Forum against Oppression of Women and Forum of Free Enterprise organized this event.

A meeting of over 80 of the leading activists representing over 30 organisations / civil society in Mumbai voiced deep concern about the state of women's safety and indeed the safety of all mumbaikars.

Attended by no less personage as Shri Julio Rebeiro, [ Former Mumbai Police Commissioner], Dr. Shri A.N Roy [Former Director General of Police, Maharashtra], Shri Shailesh Gandhi [ former Central Information Commissioner ]. Mr. Satish Sahney [Former Mumbai Police Commissioner], leading Advocates, Women and Rights Activists and concerned Citizens.

The discussions pointed out that despite the bitter complaints against the inefficiencies of policing in Mumbai, its bias's and violence, police performance was failing the public. Bandage remedies such as transfers or punishment postings will not do. There is a need for root and branch improvement. The constabulary have to be better equipped not with arms and ammunition but with a better value system
that ensures that there will be more responsive and less illegal policing and better all round every day performance.

The leadership must ensure that the ordinary constable has good working conditions decent wages and better hours of work. Training must be imparted to the police personnel in educating on high standards to human rights, gender sensitivity and respecting multi-religious diversity. At the same time they must take responsibility for lapses in policing and be completely accountable.

The political administration is responsible for delivering better policing that has the confidence of the public in Maharastra.

The meeting also called the State Government to implement the Police Reforms as outlined in the Supreme Court Judgement of 2006. The Supreme Court had given certain directions in view of the urgent need for preservation and strengthening of the Rule of Law. It had prescribed the setting up of three institutions in the state: A State
Security Commission, Police Establishment Board and Police Complaints Authority, in other words calling for a systemic changes into the functioning of the Police Department.

It must lay down policing policies and targets to be achieved in the year after creating a political plan. This plan must be made in consultation with local communities and be a public document against which police performance can be evaluated and judged. It is only when communities are engaged with policing that the police will gain public confidence.

The meeting called for the State Security Commission to put in place a credible planning process in which enhanced safety of women and vulnerable groups such as children, migrants and minorities is specially addressed.

The meeting also agreed to a plan of action to make this an election issue for the forthcoming 2014 elections and demand from the Political parties to not only include this in their manifesto but ensure that the Police Reforms are implemented thereafter .

Hence it becomes necessary for the incumbent Government to bring in the police reforms without any further delay during their current tenure.

The meeting agreed to work together with police and administration in creating better policing outcomes for the city and asked all Mumbaikars to join in this effort.

Issued by Dolphy D'souza, Citizens Initiative for Peace [CIP] & Ms Maja Daruwalla , Director CHRI, Organising Committee and the participants of the meeting .
Cell: 9820226227 Email: dolphydolphy13@gmail.com

Dolphy Dsouza - 9820226227

Citizens Initiative for Peace [CIP]
43, Kalina, Santacruz East,
Mumbai 400 029.
Email: dolphydolphy13@gmail.com

CPI strongly crticised the move to withdraw vehicles

Shashi Kant is fighting the drug mafia

The Communist Party of India Distt. Ludhiana unit strongly crticised the move to withdraw vehicles from Mr.Shashi Kant–DGP (Prisons). Mr.Shashi Kant who is fighting the drug mafia with all firmness had recently said that he has been receiving threats as he had exposed nexus between the drug mafia and some higher ups. The drug menace is ruining the youth of our state. Any one fighting against them from any quarter needs to be supported fully in all manner by the government. It is unfortunate that Mr.Kant has been asked to surrender his vehicles.  This appears to be a clear signal to warn not only him but to all those speaking  against drug menace to give up their fight.
Com Kartar Singh Bowani – Secretary CPI Distt. Ludhiana, Com Ramesh Rattan – City Secretary, Dr.Arun Mitra – Asstt. Secretary and Com Dharam Pal Maur – CPI Contestant from Ludhiana West Assembly Constituency have appealed to the Chief Minister of Punjab to intervene immediately and restore confidence of Mr.Shashi Kant DGP (Prisons) in his pursuit against the drug menace who needs to be encouraged at this moment.

4 SSPs 13 SPs AND 16 DSPs TRANSFERRED

Chandigarh, July 28:  The Punjab government has today issued the transfer orders of 4 SSPs and 13 SPs and 16 DSPs  with immediate effect. 

According to a spokesman of Punjab government Mr. Balkar Singh Sidhu, PPS and Mr. Rajinder Kumar Shardha, PPS have been posted as SSPs of newly created districts Pathankot and Fazilka respectively. Mr. Manminder Singh, PPS has been posted as SSP Tarntaran and Mr. Surinder Kumar Kalia as SSP Gurdaspur.

          Besides this Mr.Gurmit Singh, PPS has been posted as SP (H) Ferozepur, Mr. Gurpreet Singh, PPS  as SP(D) Fatehgarh Sahib, Mr. Gagan Ajit Singh , PPS as additional DCP-II Jalandhar, Mr. Manmohan Singh PPS as SP (H), Tarntaran, Mr. Ranbir Singh, PPS as SP (Traffic) Tarntaran, Mr. Naresh Kumar, PPS as additional DCP-II Amritsar, Mr. Gursharan Singh Bedi, PPS as Zonal SP /Crime Bathinda, Mr. Jai Pal Singh, PPS as Zonal SP/Crime, Patiala, Mr. Harmohan Singh PPS as SP(H)/SBS Nagar , Mr. Satinder Singh, PPS as SP/Intelligence, Mr. Manjit Singh, PPS as additional DCP-I, Ludhiana, Mr. Ravinder Kumar Bakshi as Assistant Commandant, 2^nd IRB /Ladda Kothi, Sangrur and Mr. Bhupinderjit Singh, PPS as  Assistant Commandant Ist/IRB Patiala.

The spokesman further said that Mrs. Gurmeet Kaur, PPS has been posted as  DSP/Jaito, Mr. Bikramjit Singh PPS as DSP/City Bathinda, Mr. Kesar Singh PPS as  DSP/City-I, Patiala, Mr. Surinderpal Singh, PPS as DSP/SD/Sardulgarh with additional charge of DSP/SD/Budhlada, Mr. Harjit Singh, PPS as DSP/SD/Fatehgarh Churian, Mr. Balwinder Singh PPS as DSP/Vigilance Bureau, Punjab, Mr. Narinder Singh, PPS  as ACP/Hqrs. Amritsar, Mr. Ranjit Singh, PPS as DSP/D, Batala, Mr. Kehar Singh, PPS as ACP/Focal Point, Ludhiana, Mr. Jaswant Singh, PPS as ACP/Traffic, Amritsar, Mr. Cheta Singh, PPS as DSP/Hqrs. Patiala and Mr. Gurpreet Singh, PPS as DSP/D, Tarntaran. Besides this, five DSPs namely Mr. Paramjit Singh, PPS, Mr. Tilak Raj, PPS, Mr. Nahar Singh, PPS, Mr. Ranjit Singh, PPS, Mr. Mohinder Singh, PPS and  Mr. Gurdarshan Singh, PPS have been posted  as DSPs in Chief Minister Security, Pb., Chandigarh.