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AI Index: ASA 31/011/2002 and 31/017/2002
UA 20/02
Duration of case: 30 December 2001 - 20 Febuary 2002
Status: Closed

Bidur Khadka (m), age 21
Santosh Khadka (m), age 13
Torture/Fear for Safety

Original UA
21 January, 2002

Bidur Khadka was arrested by police on 30 December 2001, and has reportedly been severely tortured. His 13-year-old nephew Santosh Khadka was arrested on 19 January and police have reportedly threatened him to make him implicate his uncle in a bombing that has been blamed on the Communist Party of Nepal (CPN) (Maoist).

The bomb exploded in a field near the Disabled Children's Hospital in Kavre District, Central Region on 28 December. Bidur Khadka was arrested two days later, reportedly on suspicion that he had been involved, and he is held at the Banepa area police station, in Kavre District.

He has allegedly been so severely tortured during interrogation that he is unable to walk, and some of the bones in his hands are broken. He was reportedly taken to the Sheer Memorial Hospital in Kavre district for medical treatment three or four days after his arrest. The hospital asked the police to bring him back for follow-up treatment after seven days, but reportedly they have not done so.

A relative of Bidur Khadka's was permitted to see him on around 14 January, but was not allowed to speak to him. The police reportedly gave him some of Bidur Khadka's clothes, which were covered in blood and pus.

Update on Outcome
26 February 2002

After more than six weeks in detention, Bidur Khadka and Santosh Karki appeared before the Special Court in Kathmandu on 18 February. At a further hearing on 20 February, the Special Court ordered the release of Bidur Khadka on payment of 20,000 rupees bail (about $260). Since he was unable to pay the bail amount, Bidur Khadka was remanded to Dillibazar Sadar Khor Prison in Kathmandu. It is expected that he will be released in the next few days. Santosh Karki was released unconditionally.

Both of them are reportedly showing signs of having been tortured in custody. Lawyers are reportedly planning to file a case under the Torture Compensation Act (TCA), 1996 in Kavre District Court on their behalf shortly.

Under the TCA, the family of the victim, or a lawyer acting on their behalf, can file a complaint within 35 days of the alleged torture taking place, at the district court. The court may make an order for the medical examination of the detainees, and can award compensation to the victims of up to a maximum of 50,000 rupees (about $660). The court can also order the authorities to take departmental action against the alleged perpetrators.

No further action from the network is required. Many thanks to all those who sent appeals.

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