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Is there any right to live for general people?

The government assumed itself above law and people launching a series of killing in the country since one after another. The last killing is taken place in Nepalgunj prison on Sunday, 2 killed and several others injured. It is the same day when last year 9 people were killed in Dungal of Achham’s cultural programme. The 14th of January is a day of traditional festival in Nepal.

[caption id="attachment_5357" align="alignleft" width="180"]Yuvaraj Pandey Yuvaraj Pandey[/caption]

189 prisoners including 14 women were under strike by submitting 15 point demands to the home ministry through Jailer and chief district officer. The major demands of the prisoners are for the winter cloths, toilet in prison, light, drainage outlet of prison and end of exploitation over their production and expenditure etc. But the jail and home administration planned a conspiracy to launch a massacre. They brought more than hundred armed police and surround the prison where prisoners were chanting the slogans asking for the fulfil of their demands. To hide the fact later the “killers are saying that the prisoners threw bricks and police had to kill them”. Among the killed thirty-three-year-old Ghanshyam Oli of Dang Bijauri-5, Hapur and Bijaya Chaudhary of Bardiya, Patabhar-5 three bullet injuries died in hospital. According to the news the DSP who was guarding the Bheri hospital with his dozen of juniors said the order from the top is not allowed to meet the injured in hospital until his death. The Chaudhary who died in hospital was arrested as suspected Maoist guerrilla but imprisoned in false charges of killings and theft.

Police had already giving explanations that there is no law to punish Maoists on the basis of their believe so they have to use other black acts made at the time of fascist panchayat rule. The police implements a false story and false charges with the supporters and the suspected Maoists and imprisons.

The prisoners were beaten by police with bayonet and but of the gun and made injured. The injured are not receiving any treatment. The Chief District Officer (CDO), main killer Shyam Prasad Mainali who was at the jailer office at the time of killing to order, Speaking to journalists said that “the police were forced to open fire in order to control the situation as the inmates started pelting bricks. “It was impossible to bring the situation under control without opening fire,” he said”.-Kathmandu Post, 15th of Jan.

It is completely false charges, said the locals, that there was not any pelting bricks but the prisoners were locked the door by fearing the possible killings or torture and demonstrating at the terrace of the jail building with asking help in public. The demonstrations were began since five days.

It seriously shows the state terrorism reached out of laws and limitations. On the 29th of December the police killed 5 people by opening fire in three different events in a peaceful demonstration of capital city. Two other were killed in Saptari district eastern terai part of Nepal. The incidents in the capital city near the Gopikrishna hall was lead by the ruling party’s sister organisation Nepal student union and in Saptari was organised by the Terai Sadbhawana Party. In the incident of Kathmandu two minors 11/12 years were killed.The people who are on the side of justice and truth should stand against the state crime and should punish the responsible power holders.

The International Secretariat of OMCT has been informed by a reliable source about the alleged torture while in police custody of Mr. Munna Khan and Mr. Bimal Kaamat in District Police Office (DPO), Morang district.

Mr. Munna Khan, a 23-year-old driver of Novel Medical College Biratnagar, Morang district, permanent resident of Biratnagar Sub Metropolitan city-15, Pichara of Morang district, was arrested at about 9:30 p.m. on 28 October 2007 from Bhattimod of Biratnagar-7, Morang district, on the charge of robbery by six-seven policemen from DPO, Morang district, headed by police inspector Mr. Kedar Khadka. Following his arrest, Mr. Munna Khan was reportedly taken to DPO Morang.

On 29 October 2007, at about 9:00 a.m., he was reportedly taken to the interrogation section and was allegedly interrogated by four unidentified plainclothes policemen. According to the information, Mr. Munna Khan recalled that “those four policemen asked me who were involved in robbery? What were their names? I replied that I was taken to those robbers forcefully and made me involve in the incident. I mentioned the name of a person whom I knew but I did not accept of my direct involvement as the robbers had threatened me, switched off my mobile, and took me forcefully along with them. But the police didn’t believe me and started beating. They beat on my bare foot with stick by placing my legs on the sofa. They repeatedly asked me to speak truth and beat on my calf, upper part of the foot for about half an hour. After inflicting torture, they ordered me to jump up and down on the floor for about five minutes and sent be back to the custody”.

US based Human Rights Watch claims that both the Maoist rebels and the Royal Nepalese Army are engaged in regular intimidation and extortion leading to a climate of intense fear in Nepal. The government forces have resorted to large-scale arbitrary arrests, detentions, “disappearances”, extra judicial executions and torture including rape.[ Human rights defenders, including lawyers; journalists and members of NGO’s have been arrested, tortured, killed or “disappeared” in Nepal. [Nepal held the unique distinction for the highest number of “disappearances” of any country in 2003 and 2004.[ The Maoists have resorted to torture and deliberate and unlawful killings.[ According to INSEC (Informal Sector Service Centre), a human rights organisation, nearly 3000 people were killed and about 26,000 people were abducted in 2004 in Nepal.] The Maoists have abducted civilians, including teachers and schoolchildren for the purpose of ‘political indoctrination’

More than 70% of Nepalese prisoners claim to have been tortured while in custody The Centre for Victims of Torture, (CVICT) Nepal, an NGO based in Kathmandu claims that some 16,000 people are subject to torture in Nepal every year, affecting an estimated 100,000 people including family members. According to data compiled by CVICT, at the beginning of the Maoist insurgency 80 percent of the victims were subjected to torture from the state and the remainder by the Maoist rebels. However, a recent study in the mid-western district of Jajarkot showed that the number subjected to torture by Maoists had doubled and reached 40 percent]. A recent study by Danish researchers confirmed the presence of torture by both the government forces and Maoists in mid-western Nepal[and our survey of Tibetan refugees fleeing to Nepal at the Tibetan Refugee Transit Centre in Kathmandu confirmed the presence of torture by both the security forces and the rebelsThe long-term repercussions of torture on health and psychological well-being are considered devastating.

According to the same information, on 30 October 2007 at about 5:00 p.m., Mr. Munna Khan was reportedly taken to the women police cell at the DPO, Morang. Five plainclothes policemen allegedly beat him up while interrogating him after they had locked the door from inside. Mr. Munna Khan reportedly further added “those policemen asked me the names of persons involved in the Panchali Robbery Incident. I repeated the name that I had told them on the previous day but they didn’t care me and started beating. They tied my hands with a plastic rope and placed my hands below my knees and made me lie on the floor with my legs upwards and beat on my bare foot and legs one after another for about half an hour. While beating, some police men sat on the top of my body so that I could not move. After inflicting torture at least half an hour, those investigating police ordered me to jump up and down about 5 minutes and sent back to custody. While sending me back to the custody, those police threatened me to walk as normal without bending my legs and body or else I will be tortured more severely.” According the information, the same happened again on 31 October 2007 and 1 November 2007. Furthermore, Mr. Munna Khan reportedly further stated that “every time after inflicting torture during interrogation, the investigating police men used to threat me for severe torture if I disclose torture to the human right activists.”

Mr. Munna Khan reportedly complained about pain all over his body, especially in his left shoulder joint and wrist of both hands. Injuries were reported on his shoulder, right toe and the forefinger of his leg. His right leg and both his hands were reportedly swollen and blood clot was formed on his right toe and forefinger of his leg.

According to the information received, Mr. Munna Khan only received an arrest and detention warrant two days following his arrest, i.e. on 30 October 2007. He was then taken to Koshi Zonal Hospital, Morang district, for medical treatment but would not have been provided with any medication. Following a court decision on 26 November 2007, he was transferred to District Prison of Morang while awaiting further trial. He reportedly did not face any further abuses since 1 November 2007.

Furthermore, according to the same information, Mr. Bimal Kaamat, a 26-year-old house painter and permanent resident of Biratnagar Sub Metropolitan City 16, Majhuwa Tole of Morang district, was arrested on 29 October 2007 also on the charge of robbery. He was reportedly arrested at about 3:00 a.m. by a team of eight-nine police personnel headed by police inspector Mr. Kedar Khadka from DPO, Morang, while he was sleeping at his brother-in-law Mr. Sharawan Chaudhary’s home at Biratnagar Sub Metropolitan City-7, Morang District.

Following his arrest, Mr. Bimal Kaamat was reportedly taken to DPO Morang, and at about 7 a.m. he was transferred to the women police cell of DPO Morang and allegedly interrogated by three plainclothes police personnel.

According to the information, Mr. Bimal Kaamat stated that “Some three unidentified police personals locked the room of WPC and asked various questions on robbery incidents. What are the names of those involved in the robbery incident? Where are those persons? They forced me to accept the allegation but I didn’t. As I denied the allegation, those police men then started beating me. They beat me with a thin bamboo stick on my thighs and legs. They again forced me to accept the allegation but I didn’t. Then, those police tied my hands below my knees with the jute rope and forced me to bend my knees inwards. Then the police inserted a stick just below my knees and made me lie in the floor with my foot facing upwards. Then, those three police personal started beating me on my bear foot and forced me to accept the allegation. While beating, one policeman has interrogated me, the second beat on my bear foot with the stick, and the third one caught me. They beat me in that position at least 5-7 minutes. Finally, they forced me to jump up and down, and took me back to the custody.”

According to the same information, on the same day at about 5:30 p.m., Mr. Bimal Kaamat was taken to the same interrogation room and allegedly the same three unidentified police men interrogated him with similar questions asked in the morning. Mr. Bimal Kaamat reported: “As I did not accept the allegations and did not know about any persons involved, then the police started beating me violently with a bamboo stick all over my legs, calves and thighs and slapped me on both of my cheeks for about 10 to 12 times for about 30 minutes. Then, they sent me back to the custody and threatened not to say anything regarding torture to the human right activists, if inquired. I have not been tortured since then”.

Mr. Bimal Kaamat was also taken to Koshi Zonal Hospital, Morang district, for medical treatment on 29 October 2007, however no medication would have been provided to him. Two injuries could be reportedly seen on the back of his left shoulder, and signs of beating could also be observed on both thighs.



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