The Asian Human Rights Commission (AHRC) said it would write a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for his intervention into Jeet Bahadur Subba’s case.
Condemning physical torture on him to accept the accusation, the right group said that Subba is now detained at Hanumandhoka Police Station and needs immediate medical treatment.
“He was not allowed to meet with his lawyer without the presence of the police, which is against the Constitutional rights gauranteed by the Interim Constitution in Nepal,” said a circular issued by the Commission to Nepalese Prime Minister, Home Minister, National Human RIghts Commission and Inspector General of Nepal Police, among others.
At no point during his detention was Subba informed of his legal rights. His lawyer visited him twice: once on 3 May in the office of the District Attorney, Kathmandu, and the second time on 8 May at the MPR Hanumandhoka. In both cases the police refused to allow the lawyer to meet with his client without the police presence, according to the report.
“This is in spite of the Interim Constitution of Nepal guaranteeing the right of every person who was arrested to consult a legal practitioner and that the consultation should remain confidential. “
We have received information that a 29-year-old Bhutanese refugee, Jit Bahadur Subba, having applied for third country resettlement was arrested from the office of the International organization for Migrant on 27 April 2012, according to the circular.
“After his arrest, he was kept in illegal detention for two days without receiving any arrest warrant or detention letter in the Central Investigation Bureau (CIB), Maharajganj, Kathmandu,” added the AHRC alert.
“He was severely tortured under interrogation and threatened that false charges of drug smuggling would be filed against him,” said the circular.
AHRC has also asked everyone to demand that an investigation should be launched into the allegations of torture and that the perpetrators should be held accountable. “We ask you to further urge the authorities to ensure that no confession extracted under torture could be used in court proceedings against the accused.”
