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Report of the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, E/CN.4/2005/62/Add.1, March 30, 2005: Nepal

1019. Jaya Bahadur Lama, aged 28, and Mani Lama, aged 20, Chuchepati, Kathmandu, working at a carpet factory in Boudha. On 6 December 2003, they were approached by some individuals who tried to extort money from them. At the same time, night patrolling armed police arrived at the scene and beat Mani Lama after the individuals who assaulted them told the police that they were homosexuals. Jaya Bahadur Lama was slapped when he tried to help his friend. Both men were thrown into a police van, where they were handcuffed and forced to lie face down with the head covered. They were severely beaten with rifles and boots. It is alleged that when Jaya Bahadur Lama mentioned that they were members of the Blue Diamond Society, a NGO working for the welfare of homosexuals, the assault became more severe. One hour later, they were taken to an unknown armed police camp. They were locked into a dark room, where they were severely beaten by 20 police officers. The police allegedly attempted to force them to have oral sex. They were reportedly accused of being Maoist. They were put again in the police van and later thrown in a street with their heads covered. When they uncovered their heads, they found themselves near Ratopul and Pashupatinah temple. There, they met another police van, and they explained to the police officers what had happened. Although they were in need of immediate medical assistance, the police abandoned them on the street, allegedly after they learned that they were homosexuals. Some hours later, they were taken by the Blue Diamond Society to a hospital. A complaint was filed by the same organization with the armed police headquarters. No action has been taken to investigate this case.

1161. Jaya Bahadur Lama, Ramesh Lama, Binod and Madan. On 25 July 2004, the four men were stopped by the police at about 3.30am in a street near Jamal, forced into a police van, beaten and had their money taken. While driving around the city, the van stopped and one officer took Jaya Bahadur Lama out into the street, beat him, forced him to perform oral sex and anally raped him. The men were then taken to Gausala police station where Ramesh Lama was taken into the backyard of the police station, beaten and forced to perform oral sex. Although Jaya Bahadur and Ramesh Lama manage to escape from the police, Binod and Madan were kept inside the van and were beaten and raped by approximately 12 policemen for around three hours. The Blue Diamond Society, a non-governmental organization which campaigns for the rights of sexual minorities, made a complaint to police authorities about this attack and the recent arrests may be in retaliation for this complaint.[88]

link to the full text of the Report: Report-SR Torture-summary cases-2005-eng

Footnotes    (↵ returns to text)

  1. Please  note  that  this  case  is also  mentioned  in the  report  of the  Special  Representative  of the Secretary-General  on the situation of human rights defenders,  E/CN.4/2005/101/Add.1, March 16, 2005, para. 409, in the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable  standard of physical and mental health, E/CN.4/2005/51/Add.1,  February 2, 2005, para. 50, and in the report of the Special Rapporteur  on the promotion and protection of the right to freedom of opinion and expression, E/CN.4/2005/64/Add.1,  March 29, 2005, para. 648.