Report of the Special Rapporteur on violence against women, its causes and consequences, E/CN.4/2006/61/Add.1, 27 March 2006: Nepal
Letter of allegation
1. On 9 November 2005, the Special Rapporteur, jointly with the Special Rapporteur on the question of torture, sent a letter of allegation concerning the sexual harassment and beating of several metis (men who identify themselves as women) in Thamel, Kathmandu on 24 September 2005. According to the information received, on 24 September 2005 in the evening, in the tourist area of Kathmandu (Thamel), some police officers approached a group of metis. One of the police officers burnt a cigarette on the hand of one of the metis, P. (21), forcibly touched her private parts, and demanded that she have sex with him. When she refused, the police officer reportedly became violent towards her, pulling her hair and slapping her. The other metis in the group came to help P. and the policeman went away. Later, he returned with other men who started beating the metis and the metis responded by throwing stones at the men. Among the metis who were beaten were: S (25), S (21), N, U, and R. The policeman was also reportedly injured in the head. Moreover, around 2 am on the 25th September, policemen reportedly captured a metis named KR, beat her and took her to the Durbar Marg police station accusing her of having hit one of their colleagues with a stone. KR was kept in detention up to 6pm and told that she had to pay a fine of 28,000 rupees on a public offence charge. She was also forced into oral sex with two policemen while in custody. KR was reportedly released after having paid 1000 rupees. Attempts were made to lodge a complaint on her behalf at the National Human Rights Commission and the Human Rights Cell of the Nepal Police, but both offices reportedly refused to investigate.
2. On 28 November 2005, the Special Rapporteur, jointly with the Special Rapporteur on the sale of children, child prostitution and child pornography, and the Special Rapporteur on the question of torture, sent an urgent appeal concerning RB (15) of Khidim VDC, Arghakhanchi and GN (15) of Pali VDC in Arghakhanchi. According to the information received, on 17 April 2005, RB was arrested by security forces in the district of Arghakhanchi and detained in different places of detention. At the District Police Office in Sandhikara, she was kicked and beaten by members of the security forces. She was also subjected to sexual harassment. Before she was sent to the District Police Office in Sandhikara, she was detained at Thada Army Barracks in the Arghakhanchi District for two days and Sandhikharka Army Barracks in Taulihawa for four days. On 10 May 2005, GN was arrested and initially held overnight at Sandhikharka Army Barracks in Taulihawa. She was then transferred to the District Police Office in Sandhikharka where she was kicked and beaten by members of the security forces. On 17 June 2005, they were both transferred from the District Police Office in Sandhikara to Kapilvastu Prison where they were arrested on suspicion of being involved with the Communist Party of Nepal. They were arrested under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance which allows for preventative detention for up to one year. On 4 September 2005, the Appeal Court in the neighbouring district of Butwal ruled that their detention was illegal and they were released in front of the Kapilvastu District Court on 5 September 2005. However, they were re-arrested by the police shortly after being released. It is believed that, at the time this communication was sent, they were being held at Kapilvastu District Police Station in Taulihawa, where they were thought to be at risk of torture or ill-treatment.
Link to full text of the report: Communications-SR Violence against women-2006-eng