In what may be termed to be a sheer travesty of justice, the Police personnel in Morang District brutally tortured two youths in public amidst a cheering crowd of 500 people.
Sushan Limbu, 23, a permanent resident of Urlabari VDC -2, Morang district, had a mild fracas with an hotelier on the issue of bad debt. On July 12, 2009, he was called by Bishnu Karki, the owner of the hotel called Holiday Inn. When he reached there, some policemen arrested him and carted him off to the Area Police Post, Urlabari, Morang District. The next day Mr. Lama, along with a fellow detainee named Bhakta Rai, 24, hailing from Pathari VDC-1, Morang district was taken outside the police post, striped them to their underwear in front of around 500 public, and tortured for the whole day.
The police forced the detainees to crawl on their knees and elbows on a pebbled surface and concrete ground of tennis court in the premise of the APP, Urlabatri. They beat the detainees with iron rods, and kicked them with their boots and punched them with their fists for the whole day. Due to the torture, victim Sushan Limbu has sustained wounds in his right eye, face, elbows, knees, back and neck.
On July 17 2009, the victim filed an application at District Court seeking an order for physical and mental checkup. And the District Court ordered the police authority (APP, Urlabari) to take the victim for physical and mental checkup within 3 days. The same day several local human rights defenders received threatening phone calls to let the dust settle and not to raise the case up. Police inspector Chakra Basnet also visited Sushan Limbu’s family, forcibly took their mobile phone and deleted the footage of the public torture.
On July 19 2009, Sita Limbu (Sushan Limbu’s sister) filed a habeas corpus writ in the Appellate Court at Biratnagar on behalf of both victims. On the same day, the Appellate Court gave an order to the Area Police Post, Urlabari to present the victims within 24 hours with written response and take the victims for medical treatment. The police immediately took victims Sushan Limbu and Bhakta Rai to Koshi Zonal Hospital for treatment and presented the victims in the Appellate Court.
On July 20 20009 the Appellate Court issued an order to the police to present the victims with original documents and provide sufficient treatment to the victims by July 21, 2009.
On July 21 2009, police submitted to the court a detention order apparently issued by the Chief District Officer (CDO). In the document, both Sushan Limbu and Bhakta Rai are charged under the Arms and Ammunition Act and under the Public Offences Act. (Both laws give jurisdiction to CDOs; under the Arms and Ammunition Act CDOs have powers to sentence people to up to six years’ imprisonment after hearings which clearly fall short of international fair trial standards.)
The CDO has informed the Appellate Court that he has extended the detainees’ remand within 24 hours after police produced them before him within 24 hours. As a result, the Appellate Court did not issue a writ and the habeas corpus petition was rejected. The Appellate Court ordered the police to have the detainees examined by an expert and professional medical professionals and to provide medical treatment to the detainees.
On July 20 2009, AF central office reported the case to Human Rights Cell of police, National Human Rights Commission and Office of Attorney General. The case was also communicated to international communities like OMCT, AHRC and AI the same day.
0n 21 July 2009, AHRC released an Urgent Appeal (http://www.ahrchk.net/ua/mainfile.php/2009/3215/)
According to human rights defenders of the district, the police are seeking support from the local people including the business community and local politicians arguing that they are acting to stop crime in the area. They reportedly obtained signatures of more than 100 people from the area supporting the police action.
