E/CN.4/1994/31
page 86
Nepal
Information transmitted to the Government and replies received
404. By letter dated 26 August 1993 the Special Rapporteur advised the
Government that he had received information according to which there had been
several positive developments in the human rights situation in the country
since 1989. These included the promulgation in 1990 of a new Constitution
which prohibited torture and provided for compensation for torture victims,
as well as the accession of Nepal to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. Despite these
positive changes, it was reported that torture in police custody was still
being used, both as a means to obtain information or confessions or to
punish prisoners held for political reasons. In addition to this, no
official action had allegedly been taken to ensure independent and impartial
investigations or to bring those responsible to justice. The individual
cases described in the following paragraphs were transmitted to the
Government.
405. Chaitu Lama, a supporter of the Communist Party of Nepal, was arrested
on 26 October 1992 in Bhiman village, Sindhuli district, in connection with an
incident of murder. He was first reportedly beaten in his home by members of
the ruling Nepali Congress Party, who tied him up and dragged him to the
police station. Once in police custody, he was allegedly beaten repeatedly
for two days after refusing to sign a confession to murder.
406. On 23 November 1993 the Government replied that on 27 October 1992 a
fight had broken out between residents of the Bhirman and Hardiya villages,
Sindhuli district, during which two persons were killed and others injured.
The police had carried out an investigation and filed a case with the District
Court, which had ordered the detention of six persons, including Mr. Lama.
Subsequently, the Court of Appeal had confirmed the detention of Mr. Lama and
released the five others. All of them had been injured during the incident of
27 October. It could not be confirmed that they had been tortured during the
period of detention.
407. Tul Bahadur Sarki was arrested by police in the same circumstances as
Chaitu Lama. In the police station he was reportedly beaten with sticks on
the arms, calves and soles of the feet, including while suspended upside down.
He was also said to have been threatened with death when he refused to sign a
statement saying that he had witnessed Chaitu Lama and another person
committing murder.
408. Purna Bahadur Bishwokarma, aged 61, was arrested on 1 November 1992 in
Thalajung village, Gorkha district, on suspicion of theft and taken to Gorkha
District Police Office (DPO), where he was said to have been beaten regularly
with sticks and with sisnu (a plant which causes painful swellings on the
skin). When he was released, on 19 November, he was unable to work and died a
few days later.
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