Incident Reports

Landmark decision on torture by District Court

2013-07-01

Lumbini, Banke, Nepalgunj, Ward 12

 District Court Banke issued a landmark decision on February 1 in favor of a torture victim. Establishing that 37-year-old  Jhup Bahadur Bishta of Tikulipur in Kachanapur VDC-7 was tortured by the police, the district judge Ammar Raj Poudel awarded Rs 100,000 to the victim and recommended for departmental action against the involved policemen. The perpetrators in the case are the then ASI Budhhi Prasad Sharma, Head Constable Dhan Bahadur Chand, and Constable Man Bahadur Thapa of Gabharpur Agaiya police station. Advocate Basant Gautam, who represented Bishta in the case, informed that the decision of maximum compensation and departmental action against the torturers was probably the first one in Nepal. He added that this decision has raised the hopes of the torture victims seeking justice. Bishta filed the case claiming compensation under Section 6 (1) of the Torture Compensation Act with the legal support of the Advocacy Forum in July 2013. He demanded maximum compensation of Rs 100,000 and departmental action against all the involved policemen. Bishta was arrested by the police team from a hotel in Agaiya on July 16, 2013, from a celebration and handcuffed him before thrashing him. He sustained serious injuries on his eye, lips, back, and both legs. He had to be operated at Tilganga Eye Hospital, Kathmandu for his injured left eye and needed long time treatment for his chest injury.
Details and Impacts
Violent / Non-violent Violent
Onesided / Twosided Onesided
Collective / Interpersonal Collective
Primary Form Torture
Weapons None
Primary Cause Violence in prisons (violence by correction officers, prisoners etc.)
Actor 1 - Number of people 3
Actor 1 - Affiliations Police
Actor 1 - Youth na
Actor 2 - Number of people 1
Actor 2 - Affiliation (Target) Citizen/Individuals
Actor 2 - Youth noyouth
Total Injured 1
INSEC

0 Comments