CCPR/C/130/D/2777/2016
period, he received continuous threats from his superiors, who were attempting to force him
to withdraw the complaint he had submitted to the court.
2.15 On 13 July 2004, the Kathmandu District Court rejected the author’s complaint on the
basis that his claims could not be substantiated. Noting that there was no record of the author
being detained, the Court found he had not been subjected to torture. The Court also held that
the injury examination report of the Department of Forensic Medicine of Maharajagunj
Campus was irrelevant as evidence for torture because the author had been examined a long
time after his alleged torture. The author appealed against this decision. On 3 April 2007, the
Appellate Court upheld the ruling of the Kathmandu District Court. The author appealed to
the Supreme Court of Nepal, which upheld the ruling of the lower courts on 1 September
2014.
Second arbitrary deprivation of liberty and torture, March 2006
2.16 On 13 March 2006, the author applied for retirement. On 20 March 2006, he went to
the police headquarters to discuss his retirement. There, he was told by a superior inspector
that his retirement would be approved only if he withdrew the complaint he had filed with
the court on the alleged torture he had been subjected to in 2002. 9 After refusing to comply,
he was taken to the premises of the quarter guard of Armed Police Battalion No. 1, where he
was held until 21 March 2006. During this period of detention, he was not given any food or
water and was chained, with his head covered by a hood. He was detained alone and not
allowed to contact his family. He was also subjected to acts of torture, including beatings,
punches, kicks and death threats, and his hair was shaved off with a knife. He was thrown
into a hole containing muddy water and dirt and beaten with bamboo sticks by an inspector
and policemen.
2.17 On 21 March 2006, a group of human rights lawyers located him and managed to get
him released. However, on the same day, he was again arrested without a warrant and he was
detained in the ward police office in Tinkune, Baneshwor, from the afternoon of 21 March
2006 to 22 March 2006. During that period, he was handcuffed and given no food or water.
On 22 March 2006, he was brought to Hanumandhoka, where he was kept until 28 March
2006 and subjected to further violence and mistreatment.10
2.18 On 24 March 2006, a human rights lawyer filed a habeas corpus petition before the
Supreme Court. The police made a written submission, alleging that, on 21 March 2006, the
author had voluntarily gone to the police headquarters and misbehaved, defaming the
organization. However, on 28 March 2006, the Supreme Court of Nepal issued a decision
ordering the release of the author and acknowledging that his detention was illegal. The
author was freed on the same day.
2.19 On 26 April 2006, he filed a case against 12 policemen at the Kathmandu District
Court. He requested 100,000 Nepalese rupees11 as compensation for the harm he had suffered
and that departmental action should be brought against the policemen concerned pursuant to
the Compensation for Torture Act of Nepal.12
2.20 After filing the complaint, the author and his family were subjected to further threats
and harassment. On 12 April 2007, the author reported the threats to the District
Administration Office and sought protection for himself and his family, fearing for their lives,
with no meaningful result.
9
10
11
12
4
At the time, the case was being considered by the Appellate Court of Patan.
The author submits the medical report which confirmed that the author’s hair was shaved in an
unusual style and the nature of his injuries was compatible with injuries produced by blunt force
impacts.
Equivalent to approximately $1,000 at the time of submission of the initial complaint by the author.
The allegation is based on sections 4, 5 (1), 6 (1) and 7 of the Compensation for Torture Act of Nepal.
The author submitted to the court a medical report of his physical examination and testimonials
attesting to the fact that he had injury marks and wounds on his body and that his head was shaven
inappropriately.