Complaint Filed in Court Against Torture in Detention

  December 5, 2022 By: INSEC

A complaint was filed against the team of police led by Assistant Sub Inspector Hari Thakuri (Hamal) of Sunkhani Temporary Police Station on the accusation of beating Basu Khadka, 34, Raju Khadka, 20, Nirmal Khadka, 20 and Harisharan Khadka, 21, of Sunkoshi Rural Municipality-4. They were detained on the charge of theft and were brutally beaten. The victims have a complaint at the District Court in December 1, 2022.

The victims shared that, the police team led by Thakuri arrested them for theft from a local shop and took them to the police station at around 11:30. They were beaten till 4:00 p.m. from a plastic pipe and bamboo stick and were compelled to accept the charge of theft.

According to the victims, they were kept in different rooms at the police station and were beaten and tortured continuously for the whole day. After being unable to prove the theft, they were handed over to their guardians and ward chairperson Bhojlal Shrestha.

It is mentioned in the petition that they had suffered from injustice because the police took the innocent people to the police station, beat them up, accused them of theft and insulted them.

It is mentioned in the complaint that an application has been presented based on Section 22(2) of the Civil Code of Criminal Procedure 2017 as the police did not investigate the case of beating and torture by the police.

Bachu Khadka, the victim’s father, said that the wounded victims were taken to Chautara Hospital for a checkup on December 1 by the order of District Court Judge Bidur Koirala. They had bruises all over their body.

Article 4 of the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on December 10, 1984 and ratified by Nepal on May 14, 1991, will ensure that all acts of torture are covered by its criminal law.

It is said that such provisions will also apply to torturers/perpetrators, industrialists and those who participate or collude in torture.

Likewise, in Article 5 of the Universal Declaration of Human Rights, declared by the United Nations on December 10, 1948, no person shall be subjected to physical torture. It is also said that cruel, inhuman or insulting and disrespectful behavior or punishment cannot be given.

Even in the national and international laws of Nepal, and those involved in the attempt like torture which is not an act suitable for human rights.

Natibabu Dhital