Torture of Hom Bahadur Bagale
Hom Bahadur Bagale was a police sub inspector in Nepal Police serving from 13 February 1984. He had been serving as a technical sub inspector in police band. He was accused of stealing of gold from his superior[1] [2]. Bagale was detained without being presented to court within 24 hours. He was kept in the custody handcuffed and was forced to wear the hood and placed in solitary confinements[3]. He was captured and tortured in 28 Nov 2002, he managed to escape and then he was again taken to Armed Police Battalion in 05 February 2003 and detained until 3 April 2003. He was further detained on 20 March 2006 at the Armed Police Battalion No 1 until 22 March 2006 and then he as detained and brought to the police facility at Hanumandhoka where he was held till March 28 2006. He was tortured and ill treated. His tortures and captivity ruled illegal by court[4]. Concerns of his safety was raised by international organizations and wider public[5][6][7].
Courts and Legal Fights
Bagale filed complaint to Nepal Police Headquarters about ill treatment and beating and tortures without proper warrant and registration of the case. He also filed a complaints in the Kathmandu District Court in 10 January 2003 but was pressured and compelled to withdraw the complaints[8]. On 4 April 2003 Mr. Bagale filed a petition before National Human Rights Commission(NHRC) to protect his life. On the sameday he also filed a petition before the Chief District Officer to protect his life. Kathmandu District Court rejected Bagale's complaint, Appelate could upheld KDC's ruling and on September 2014 Supreme Court also upheld the ruling by lower courts.[9][10] [11]. On 26 April 2006 Mr. Bagale filed a petition to Kathmandu District Court against 12 perpetrator policemen. He asked for the reparation of Nepalese Rupees 100000 in 18 September 2008 Kathmandu District Court ruled that Mr. Bagale had been tortured and ordered the government to provide the reparation of Rupees 21,000 but denied to take and departmental action against the perpetrators. He actually did not receive the compensation as the court ruled out. In 2015 Mr. Bagale filed a case with Human Rights Committee with a support from TRIAL International. HRC decided on November 2020. It has been decided that Mr. Bagale was the victim of the violation of the rights against liberty, security, privacy, arbitrary interference with family and and was indicated the various reparation measures[12][13].
References
- ^ "Hom Bahadur Bagale v. Nepal : arbitrary detention and torture denounced before the UN". TRIAL International. Retrieved 2023-12-30.
- ^ "A former police employee arbitrarily detained and tortured", Rights Now, retrieved 2023-12-30
- ^ "Torture in Asia Law and Practice -2013" (PDF), Asian Human Rights Commission, retrieved 2023-12-30
- ^ Bagale's Torture Deemed Illegal (PDF), retrieved 2023-12-30
- ^ Singh, Rishi (2006-03-02). "AHRC concerned over safety of cop". The Himalayan Times. Retrieved 2023-12-30.
- ^ "Nepal: Fear of torture: Hom Bahadur Bagale (m), aged 41, Police Sub-Inspector". Amnesty International. Retrieved 2023-12-30.
- ^ Joint Submission to Attorney General On Bagale Turture Case (PDF), retrieved 2023-12-30
- ^ "UPDATE (Nepal): Constant threats and harassment of torture victim by the perpetrators". Asian Human Rights Commission. Retrieved 2023-12-30.
- ^ "Asia: Torture prevention and rehabilitation in Asia - Bangladesh | ReliefWeb". 2011-12-21. Retrieved 2023-12-30.
- ^ "Nepal: Torture case must put end to 9-year denial of justice | Scoop News". Retrieved 2023-12-30.
- ^ "A former police employee arbitrarily detained and tortured", Rights Now, retrieved 2023-12-30
- ^ "STATEMENT: NEPAL: Criminalizing Torture and Bringing it to an End: a Test for Nepal's Democracy". PeaceWomen. 2015-02-03. Retrieved 2023-12-30.
- ^ International Covenant on Civil and Political R ights (2021-02-02). "Views adopted by the Committee under article 5 (4) ofthe Optional Protocol, concerning communication No. 2777/2016". Retrieved 2023-12-30.