Nepal: Denounce Police Brutality Against Homosexuals in Kathmandu
06/03/2003
SUMMARY
On April 22, 2003, police approached a group of nine men who have sex with men (MSM)--cross-dressing for a disco party--as they hailed taxis to go home after a late-night meal. Calling them pejorative names, the police reportedly forced them to a corner across the road and ordered them to go to the police station. When some of the men asked if they had broken any law and questioned this order, the police allegedly attacked the group, beating them with batons and guns, whipping them with belts, and kicking them for several minutes. Seven of the men were taken into custody, where they faced further physical and verbal abuse. The other two men in the group managed to escape and informed Blue Diamond Society, a support organization for men who have sex with men in Nepal, about this incident. The director of the organization, with the help of an allied advocate, secured their release from custody four hours later.
Blue Diamond Society places this recent incident within a sordid pattern of police abuse--including acts of arbitrary arrest and detention, physical violence, verbal abuse, intimidation, extortion, and rape--against homosexuals in Nepal.
ACTION
Join Blue Diamond Society and IGLHRC in denouncing police violence against homosexuals in Nepal. Please send urgent messages, faxes, or letters of protest to the following addresses below. Call for an immediate, impartial, and sweeping investigation into this alleged incident of police brutality against homosexuality. Denounce patterns of police violence against homosexuals in Kathmandu, and call for an immediate end to these practices. Demand sensitivity trainings for police regarding issues of sexual orientation and expression and gender identity and expression. A model letter is provided below.
- Rt. Hon. Nayan Bahadur Khatri
Chairman
National Human Rights Commission of Nepal - Harihar Bhavan, Pulchwok
Lalitpur, G.P.O. Box 9182
Kathmandu
Nepal
Fax: +977-1-552-5659
E-mail: nhrc@nhrc-nepal.org - Ministry of Law, Justice, and Parliamentary Affairs
- Singha Durbar
Kathmandu
Nepal
Phone: +977-1-222847, 226230
Fax: +977-1-422-0684 - Inspector General of Police
Police Headquarters - G.P.O. Box 407
Naxal
Kathmandu
Nepal
Fax: + 977-1-441-5594
Email: info@nepalpolice.gov.np - Amnesty International Nepal
- P. O. Box 135, Bagbazar
Kathmandu
Nepal
Fax: +977-1-422-5489
E-mail: ain@ccsl.com.np
Please send copies of letters to:
- Sunil Pant, Executive Director
Blue Diamond Society - GPO Box 8975, EPC No: 5119
Kathmandu
Nepal
Ph: +977-1-4443350
Fax: +977-1-4438600
E-mail: bluediamondsociety@yahoo.com, blueds@ccslnp.com
MODEL LETTER
Dear Sir,
We are writing to express grave concern over patterns of police brutality against homosexual men in Kathmandu. According to reports from Blue Diamond Society--a support organization for men who have sex with men in Nepal--on April 22, 2003, police officers harassed and verbally abused nine homosexual men boarding taxis outside a restaurant near the Royal Palace in Kathmandu. When some of the victims asked if they had broken any law and questioned orders to go to a police station, the policemen reportedly attacked the group, beating them with batons and guns, whipping them with belts, and kicking them. Seven of the men were taken into custody, where they faced further physical and verbal abuse.
Such violations of the right to freedom of expression, freedom from torture, the right to security of person, the right to freedom from arbitrary arrest and detention, and right to be free from discrimination--all guaranteed by the International Convenant on Civil and Political Rights, to which Nepal is a signatory--are unfortunately common at the hands of the police among the homosexual community in Nepal. Blue Diamond Society has reported an epidemic of police abuse--including acts of arbitrary arrest and detention, physical violence, verbal abuse, intimidation, extortion, and rape--against homosexuals in Nepal.
We denounce this discriminatory behavior and demand an immediate end to all police abuses against homosexuals. We also ask for an immediate, sweeping, and fair investigation of previous and current abuses against these communities by the police, including the April 22 incident.
Police should protect and serve citizens, not abuse them. The Bangalore police should be trained on human rights and issues of human diversity, including sexual orientation and gender identity, to discourage discrimination against any group, including homosexuals. We urge you to invite local groups such as Blue Diamond Society to assist with training police on these matters.
I anticipate your swift and decisive action to guarantee respect for human rights in accordance with international human rights standards in Nepal. Please contact me with notification of your response at the address below.
Sincerely,
[Name]
[Organization]
BACKGROUND INFORMATION
On the night of April 21-22, a group of nine men who have sex with men (MSM)--cross-dressing for a party--went to a Disco called "Dynasty" near the Royal Palace in the heart of Kathmandu and and then ate a late dinner at a nearby restaurant called "Oriental". At 3am, they were boarding taxis outside the restaurant to return home when two policemen approached them and forced them to go to a corner across the street. The policemen derided them with words such as "hijras" (referring to transgender people and people with intersex conditions, mostly men who undergo castration), "bastards", and "chhakas" (a derogatory Nepali word for homosexuals), and demanded that they go to the police station. Some of the men asked if they had broken the law and questioned the order, and the policemen attacked them brutally. According to testimony collected by Blue Diamond Society, a support organization for MSM in Nepal, one of them (nicknamed "Alex") was beaten badly on his chest by a baton, kicked in the stomach with boots, and whipped on the back and face with a belt. He lost his balance and fell down, but the policemen became more aggressive and continued their attack. Another victim (nicknamed "Sunmaya") attempted to help Alex by wresting control of one policeman's baton and throwing it aside. The police, however, pulled out their guns and beat both of them. Alex was beaten on his back by the guns, kicked in the stomach, and fell down. The other MSMs in the group called for help, but onlookers failed to respond. After 40 minutes of brutality, another police squadron came to the scene, joining in the attack and taking seven of the men into custody at the police station next to the Royal Palace. They reported facing further verbal and physical abuse in custody; no charges were filed against them.
The other two victims fled and sought help from Sunil Pant, Director of Blue Diamond Society. Pant, along with an advocate, Sapana Malla Pradham, went to the police station and secured the release of the seven men at 6:45am, taking them to nearby Bir Hospital afterward.
Blue Diamond Society condemns this attack as part of a pattern of police brutality against homosexuals. Victims in the attack stated in interviews that they faced similar incidents for a long time, and "it has become a routine." According to Blue Diamond Society, homosexuals are routinely beaten up, extorted, raped, and blackmailed by the police.
One member of Blue Diamond Society reported being recently stopped by a policeman while riding in a taxi, forced into a van, and sexually abused while facing death threats. The policeman said he would shoot him and tell his superiors he was forced to kill him in a brawl.
INTERNATIONAL LAW
Right to freedom from discrimination is protected by the Universal Declaration of Human Rights (UDHR, Articles 1, 2 and 7), and the International Covenant on Civil and Political Rights (ICCPR, Articles 2 and 26).
Right to liberty and security of person is protected by the UDHR (Article 3), and by the ICCPR (Articles 6 and 9).
Right to freedom from cruel, inhuman or degrading treatment is protected by the UDHR (Article 5), and by the ICCPR (Article 7).
Right to freedom from arbitrary arrest is protected by the UDHR (Article 9), and by the ICCPR (Article 9).
Right to freedom of expression is protected by the UDHR (Article 19), and by the ICCPR (Article 19).
Right to effective remedy is protected by the UDHR (Article 8).
In 1991 Nepal became a signatory to the ICCPR and is bound by its provisions. The UDHR is considered customary law for all Member States of the United Nations, including Nepal.
