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AI Index: ASA 31/001/2003
UA 01/03
3 January, 2003
Status: Active
Latest Update: 24 April, 2003

Tarnum Maniyar (f), aged 16
Tabasum Maniyar (f), aged 18
Masgit Maniyar (m), aged 30
Fear for safety

Amnesty International is gravely concerned for the safety of sisters Tarnum and Tabasum Maniyar, and their father Masgit Maniyar. Over the last fortnight they have been put under severe pressure by the military authorities to retract information published in an Amnesty International report regarding the alleged rape of the two girls in custody at Chisapani army camp near Nepalgunj, Banke district, and the torture of their father. The rape reportedly took place in April 2002 and the torture in February 2002.

On 24 December 2002, army personnel reportedly visited the home of the girls and forced them to retract the allegations of rape in front of TV cameras. The footage has since reportedly been broadcasted three times on national television. This suggests that senior army officers are involved in attempts at discrediting the girl's testimonies and the Amnesty International report for providing information about their treatment at the hands of the army. The report, Nepal: A deepening human rights crisis (ASA 31/072/2002, 19 December 2002), named army officers based at the Chisapani army camp who were implicated in the rape and who have been repeatedly accused of human rights violations.

On 31 December, Tabasum Maniyar together with her mother and uncle were made to attend a public meeting of local civic leaders and journalists in the office of the Chief District Officer in Nepalgunj, Banke district. At this meeting it was reported that the family members were asked to deny the statements regarding the allegations of rape and torture, which they did. According to local newspaper reports, the contents of the meeting were published the following day.

In a message sent to the Chief of Army Staff on 24 December, Amnesty International urged that immediate action be taken to stop the intimidation of the Maniyar family and prevent further human rights violations in the area. In response, army headquarters has informed Amnesty International that a team of officers attached to the army's "Human Rights Cell" has been sent to investigate the allegations and that their report will be compiled and sent to the Ministry of Defence by 10 January.

Report on this case from Nepal: A deepening human rights crisis
(Amnesty International Report, ASA 31/072/2002, 19 December 2002)

Torture by the army, APF and police is reported almost daily. The APF, which was established in 2001, has been increasingly cited in allegations of torture. The army systematically held people blindfolded and handcuffed for days, weeks or even months. Torture methods included rape, falanga (beatings on the soles of the feet), electric shocks, belana (rolling a weighted stick along the prisoner's thighs causing muscle damage), beating with iron rods covered in plastic and mock executions.

Amnesty International has documented several cases of torture, including rape, in custody. In early November 2002, it submitted 57 such reports to the heads of the security forces urging for them to be investigated and for Amnesty International to be informed of the outcome. In mid-December 2002, the cases were also submitted to UN Special Rapporteur on Torture. Among them were the cases of two unmarried Muslim cousins, Tarnum Maniyar (16) and Tabsum Maniyar (18) who had been arrested by army personnel from Chisapani army camp, Banke district, on 3 April 2002. Their arrest and detention followed the earlier arrest of Masgit Maniyar, the father of Tabsum Maniyar. Masgit Maniyar was arrested on 27 February 2002 and detained in Chisapani army camp for about one month.

Masgit Maniyar was arrested by about 30 army personnel who surrounded their home at Municipality -3, Nepalgunj, Banke district, around midnight. The army personnel claimed that they had a report that Masgit Maniyar was involved in the smuggling of drugs. He was then arrested and with his hands tied he was taken away by the army. He was then put into a vehicle which was parked nearby and taken to the Chisapani army camp. His family members repeatedly tried to visit him there, but they were not given permission.

He was tortured and asked to pay Nepali Rupees 1,800,000. After some time, Captain Ramesh Swar came to the family home and asked for the money from the wife of Masgit Maniyar. She sold all her ornaments to a Jewellery Shop called Porawar Jewellery in Nepalgunj and also asked for help from different relatives. This way, she managed to collect 700,000 and handed it over to Captain Ramesh Swar. After this, Masgit Maniyar was released on the condition that he would pay the remaining 1,100,000. However, he could not find the rest of the money within the given time of a week and out of fear he moved to India.

On 3 April 2002, about 15 army personnel along with Captain Ramesh Swar, came to Masgit Maniyar's home and asked for him. When they found he had gone to India they asked instead for the young girls, Tarnum and Tabsum Maniyar. The girls tried to hide on the roof of the house. However, they couldn't escape and were arrested by the soldiers.

After their arrest, the two girls were taken to army vehicles parked near their house. Captain Ramesh Swar kept Tarnum with him in his own vehicle while Tabsum was asked to stay with the other army men in the next vehicle. On the way to Chisapani army camp, Captain Ramesh Swar repeatedly told Tarnum that the reason for their arrest is the "escape of Masgit".

At Chisapani army camp, they were told to sleep on the rooftop of the building. Blankets were provided and the next morning they were offered coffee. Captain Ramesh Swar told them that they should not worry and that he is "under pressure" because of the escape of Masgit Maniyar.

For a whole day they were locked in a room and told that Masgit Maniyar had been kept in this room. Later in the day they were given food. After a while, at about 9pm, a soldier came and took Tarnum saying that "Sir" had asked her to come. She was then taken to the room of Captain Ramesh Swar, where she found him drinking beer. He reportedly told her that she has to pay for her uncle's mistake. She cried and pleaded her innocence but was threatened to obey his orders if she cared for her life. She reports that he then raped her.

Tarnum cried after being raped, so she was taken back to the custody room. In the meantime, Tabsum was taken to another officer, referred to by everyone at the army camp as "Saheb". She was also allegedly raped and then taken back to the custody room. Both of them were threatened to keep quiet.

After about two and a half hours, Tarnum was again taken to Captain Ramesh Swar's room. The captain gave her a toothbrush and towel and asked her to brush her teeth and take a shower. She did so. Then she was raped again. Tarnum alleges that Captain Ramesh Swar raped her three times during that night. Around 5am, she was then asked to put her clothes on and to go back to the custody room.

Tarnum was bleeding severely. Tabsum was also feeling sick the next day and both were feeling very weak. They were told by Captain Ramesh Swar that the reason why he raped them was just to take revenge against their father and uncle. He said he would release them if they did not tell anyone. They were then threatened that if they told anyone, they will be caught again, raped and shot dead. He also told them that he would visit them every week to make sure that they had not left the place and had not told anybody.

Since Tarnum was bleeding severely, at about 3 o'clock in the afternoon, Captain Ramesh Swar put them into a vehicle and brought them to Nepalgunj bazaar. Next day Tarnum was taken to a medical doctor in Nepalgunj. She was prescribed some medicines for the bleeding, but did not tell the doctor that she had been raped.

Both continue to suffer from nightmares, excessive fear and sudden palpitations. Tabsum is also reported to be seriously mentally disturbed.

Update
24 April, 2003

Amnesty has no futher news about the fate of the Maniyars. Amnesty received a commitment from the Army Chief of Staff that the Army's "Human Rights Cell" would investigate and submit its report to the Ministry of Defense by 10 January, 2003. Apparently a report was submitted, but it has never been made public. Reportedly, several of the involved officers were transferred to other districts. There has been no indication of action taken against them.

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