17 November 2024
Amnesty International Nepal today launched its 2024 Write for Rights campaign, calling on Nepal’s authorities to take urgent action to prevent custodial deaths and to conduct independent, impartial investigations into these incidents.
Write for Rights is Amnesty International’s annual global flagship campaign, which has been running for over 20 years. Every year, around 10 individuals/communities who are at risk of human rights violations are selected from around the world that need global attention. The campaign aims to unite people worldwide to write letters and sign petitions advocating for these individuals/communities.
As a part of this campaign, Amnesty International Nepal has been calling for the investigation of custodial deaths in the country since 2020.
Every year, a number of deaths take place in custodial protection with no accountability. This year, two custodial deaths have been reported in the media. In July, 28-year-old Jhak Bahadur Khadka died in police custody after four days of detention. On October 19, a 45-year-old Mohammad Kyamodeen was found dead in police custody in Ratnanagar, Chitwan. He had been in police detention for two days.
Last year, one such death was reported in Dhanusha, Hansapur. In 2021, five deaths were reported: 40-year-old Paltu Ravidas of Dhanusha was found dead in a District Police Office toilet; Bhim Kamat, 37, of Biratnagar, allegedly died from torture in Morang district custody; Mohammad Hakim Sah in Sunsari (alleged suicide); Dhan Bahadur Rana Magar, 35, in Tikapur (reported as suicide); and Durga Raj Pandey, 59, in Parbat, who allegedly hanged himself in jail.
In 2020, there were further troubling incidents. On June 10, 23-year-old Shambu Sada Musahar was found dead in a detention room at an Area Police Office in Dhanusha district. Police said he died by suicide, but his family believes he was tortured to death. On July 22, 24-year-old Raj Kumar Chepang died after reportedly being beaten by security personnel stationed inside Chitwan National Park. On August 26, 19-year-old Bijay Ram Mahara from Rautahat, who had been arrested on murder charges, died while undergoing treatment at a hospital in Birgunj, with his family claiming he was tortured in detention.
Despite the numerous incidents, there has been a lack of adequate investigation from the authorities. Neither the Nepal Police nor the Office of the Attorney General maintains records of these custodial deaths, resulting in an unclear total count. In 2021, four UN special rapporteurs formally expressed concerns about the incidents of custodial deaths and the ongoing police conduct, urging the Government of Nepal to take action. Yet, reports of custodial deaths and lack of proper investigation persist.
“The rising number of custodial deaths are deeply concerning, revealing critical flaws in Nepal’s criminal justice system that endanger detainees’ rights, especially those from marginalised communities,” said Nirajan Thapaliya, Director of Amnesty International Nepal. “No one should die in police custody; it is the state’s responsibility to ensure detainees’ safety. Despite concerns raised by the UN Special Rapporteurs, these incidents continue without independent and credible investigations to uphold accountability.”
Custodial deaths are often attributed to suicide or health complications without thorough investigations. However, torture and ill-treatment in custody, which the National Penal (Code) Act, 2017 criminalizes, continue. Under the Act, anyone guilty of torture faces up to five years in prison or fines up to 50,000 rupees. However, no individual has been prosecuted under this law to date.
“It is the state’s duty to prevent deaths in custody and ensure that police detention centres and prisons are safe for detainees and inmates. Under no circumstances should anyone be subjected to torture or to cruel, inhuman, or degrading treatment. We urge the government to adopt strong administrative, judicial, and other measures to prevent such deaths. It is the responsibility of state authorities to exercise extreme due diligence to protect citizens in their custody, guaranteeing humane treatment and due care, regardless of the reason for detention,” Thapaliya added.
The Office of the Attorney General and the National Human Rights Commission, mandated by the 2015 Constitution of Nepal to monitor detention centres and prisons, must address their failure with utmost urgency to prevent these incidents.
Through this campaign, Amnesty Nepal is urging Prime Minister KP Sharma Oli and all relevant agencies to initiate actions to ensure human rights for all detainees, with thorough investigations into all custodial deaths and accountability for perpetrators of torture or lethal abuse.
In addition to this national campaign, Amnesty International Nepal will campaign on behalf of five international individuals at risk from Angola, Canada, Turkey, Saudi Arabia, and South Korea. Every year, Amnesty International Nepal gathers over 200,000 petitions by mobilizing its 7,000 plus members across the country.