By Pratibedan Baidya
Shikha Ram Chaudhari, a farmer in southern district of Chitwan, died while in custody of the Chitwan National Park (earlier known as Royal Chitwan National park) early this month (June 4). Chaudhari, who was arrested on charge of poaching and killing rhino—an endangered species— died in custody due to torture inflicted allegedly by the Park officials.
Subash Nemwang, Speaker of the House of Representatives addressing a program organized by CVICT on the occasion of the ‘International Day to support Victims of Torture’, Monday, June 26 06. nepalnews.com/ANA
Subash Nemwang, Speaker of the House of Representatives addressing a program organized by CVICT on the occasion of the ‘International Day to support Victims of Torture’, Monday, June 26 06. nepalnews.com/ANA
A report released by the Center for Victims of Torture (CVICT), an NGO campaigning to eradicate torture from the country—after conducting on-the-spot study concluded that Chaudhari had died due to torture while in detention. “His death has violated both national and international norms and laws especially those against torture,” the organisation said.
The study report recommended appropriate compensation to the victim, strict legal action against culprits and also demanded independent investigation into incidences of torture of people taken into custody by the Park authorities.
The death of Chaudhari is but an example of the plight of poor Nepalis who suffer from inhuman or degrading behavior including from the state or rebels.
Interestingly, instead of helping the police to carry out investigation, employees of Ministry of Forest in Kathmandu have locked out offices of their ministry demanding release of concerned officials.
Torture is widespread in Nepal despite the fact that international and national laws prohibit it. Though Nepal has ratified various international human rights accords including the Convention Against Torture (CAT), the implementation aspect remains horribly poor, according to rights groups.
The Convention Against Torture (CAT) clearly states, among others, that torture is an inhuman act that should not be perpetrated under any pretext, that it should be made punishable by the law of the country, and that the victims should get compensation. Nepal’s constitution guarantees freedom from torture. Nepal’s legislature passed the “Torture Compensation Act” in 1996 but the Act is yet to be implemented fully in the absence of other supporting policies
The most common forms of torture in Nepal include beating, electric shocks, use of lit cigarettes, and forcing detainees to assume painful postures. Animals, insects, needles, sharp-edged materials and denial of food and drink are also commonly applied as tools of torture.
Similarly, psychological tortures include threats, forced feeding of human excreta, forced removal of ‘sacred thread’ of the upper caste detainees, long-term isolation, and confinement in a dark room and exposure to loud noises.
According to CVICT, lack of legal provision for witness and victim protection is one of the main reasons for continuation of the practice of torture in the country.
Rights groups say number of torture victims has gone up by several times in the country since the launching of the armed insurgency a decade ago. According to CVICT, it offered treatment and counseling services to over 26,000 torture victims between the period of 1990 to 2005. Of them, number of torture victims treated by the CVICT between 1990 and 1995 stood at around 3,000 only while those who approached CVICT for medical help stood at whopping 23,000 between 1996 and 2005.
Of the over 2,100 cases of torture reported in 2005, a total of 1,370 were committed by the state, while Maoists were responsible for over 700 cases.
Rights groups say the number of torture victims could be much higher since many cases go unnoticed in the absence of proper legal mechanism and an overall environment of impunity in which alleged perpetrators of torture go scott-free.
According to CVICT, 177 cases were filed seeking compensation since 1997, after the enforcement of the Torture Compensation Act. Of the 85 cases that have been decided so far only 27 are in favour of the victims. Only two victims have received compensation as per the verdict of the court so far.
After visiting Nepal in September last year, the UN Special Rapporteur on torture, Manfred Nowak, said there was a pattern of systematic torture in Nepal.
Similarly, in a recent report, the UN office of the High Commissioner for Human Rights (OHCHR) in Nepal said at least 49 people went missing from Bhairavnath Battalion of the Royal Nepalese Army (RNA—now known as Nepali Army) in Kathmandu in the year 2003.
Making public the findings of an investigation conducted by the OHCHR this month, head of the OHCHR mission in Kathmandu, Ian Martin, said (the OHCHR) investigations found that most of the hundreds of individuals who were arrested by the RNA in 2003 and detained for various periods in Maharajgunj barracks in Kathmandu were subjected to severe and prolonged ill-treatment and torture, with a principal role played by the Bhairavnath battalion.
Talking to Nepalnews, Shailendra Guragain, director of CVICT, said that they have handed over a memorandum to Prime Minister Girija Prasad Koirala and Maoist Supremo Prachanda urging them to make public their commitment to stop all forms of torture.
“Despite repeated commitments from the government and the Maoists in the past at various levels, the practice of torture is continuing in Nepal, so we want clear commitment from both the sides,” he added.
Expressing dissatisfaction over the government’s decision to release all Maoist rebels without proper investigation, Guragain said the tendency of not investigating crimes and taking proper action against culprits would promote the culture of impunity and will not help towards peace building efforts and creating a civilized society over the long run, he added.
Dinanath Sharma
Dinanath Sharma.
(File Photo)
When contacted by Nepalnews, a member of the Maoist negotiating team, Dinanath Sharma, said his party did not have the policy of perpetrating torture against anybody and that the policy would continue in the future as well.
He further said the CPN (Maoist) was committed towards principles of human rights and international humanitarian laws and assured that the party would investigate and take appropriate action against those found guilty in such incidents.
When asked about the cases of torture by the Maoists in the year 2005, he said that some incidents were committed by party cadres against party policy and some were committed by other people to defame the party. “We will investigate and take action against those involved in such incidents,” he added. He said his party was in favour of conducting independent investigation in all cases of alleged human rights violations after it joined the interim government.
Officials, too, say the government is committed to eradicate the practice of torture from the country.
Talking to Nepalnews, spokesperson at the Home Ministry, Baman Prasad Neupane, said that the government was committed to eliminate all forms of torture from the country. “We are formulating necessary laws to put an end to such a practice,” he added.
He said that some cases of torture were committed due to ego or psychological reasons of the concerned parties but the government is investigating and taking appropriate action against the culprits.
Regarding amendment or forming new laws related to torture, he said that the government will consider recommendations of non governmental organizations or some representative bodies.
As Nepal is celebrating the International Day against Torture on Monday (June 26) at a time when the country is engaged in a peace process between the government and Maoist rebels, the government announced a compensation of Rs 600,000 to the family of victims of torture, Shikha Ram Chaudhari. But the question remains whether perpetrators of torture who have taken lives of hundreds of people like Chaudhari will be brought to book remains to be seen.