E/CN.4/2006/6/Add.5
page 16
Appendix
INDIVIDUAL CASES
By letter dated 3 November 2005, the Special Rapporteur notified the Government of
Nepal of allegations by the following persons, whom he interviewed during the mission. While
the Special Rapporteur appreciates information provided by the Government by letter dated
27 December 2005 on the individual cases, he regrets that in most instances the information
provided related only to the reasons of arrest and places of detention of the persons, and not to
the steps taken to investigate the allegations of torture and ill-treatment. The Special Rapporteur
appreciates that investigations may be ongoing and requests that relevant information is
forwarded to him as it becomes available.
A. Kathmandu
1. Hanuman Dhoka District Police Office (visited 12 September 2005)
1.
Ram Badu Sapkota, aged 41, a retired policeman. On 2 September 2005, he was
arrested together with his sister at her home by about six policemen in plain clothes and brought
to Hanuman Dhoka District Police Office. He was taken up to the fourth floor where he was
blindfolded, handcuffed, and his feet were bound with a belt. He was forced into a crouching
position and a large bamboo stick was threaded above his arms and behind his knees. He was
hung from this position for 1½ hours, and beaten with a bamboo stick on the soles of the feet and
upper arms and legs. He was then forced to jump up and down on a metal grate to improve the
circulation in his feet. He was tortured in order to extract information in relation to a case
involving suspected Maoists, and was forced to sign a statement. According to the medical
examination, two healing contusions were found on his left arm and were consistent with having
been produced by a stick-like instrument. Both feet were slightly swollen and tender.
2.
Dal Bahadur Lama, aged 42, a retired policeman. On 27 August 2005, he was
arrested at his home by policemen of the Hanuman Dhoka District Police Office in connection
with his alleged association with suspected Maoists. He was not informed how long he was to
be detained, nor permitted access to his family or a judge, and at the time of the interview this
was still the case. He was taken to the top floor of the police station and beaten over the first
five days of his arrest. He identified two of the perpetrators, whose names are known to the
Special Rapporteur. He was blindfolded, handcuffed and shackled for about four hours each
day, and suspended from a large bamboo stick that was threaded above his arms and behind his
knees. On some occasions he was dropped onto the floor in this position. Water was forced into
his mouth and he was beaten on the soles of his feet. He had signed a document in which he
confessed to disturbing the peace. At the time of the interview he complained of a fever and the
loss of movement in two toes of his left foot due to the beatings. According to the medical
examination, healing abrasions and scars were found on both wrists, behind each knee, and on
both ankles, consistent with the treatment described by the victim. Since he was taken to the
detention cell on the first floor, he indicated that he had not been ill-treated. He had not lodged a
complaint because he was not confident that it would be addressed, but he did mention the
torture to his fellow prisoners.
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