Still no news from Jeetan

I think I have a friend in prison.

At least, he was imprisoned a couple of months ago and until today I’ve not been able to get new information regarding his safety and well being.

My friend Jeetan training refugee kids in a Journalism Training, summer 2011

I am convinced of his innocence to the charges against him. I worked with him for a while and I’ve seen his passion for his people and the youth that he supported and trained. He is a special guy.

I suspect that his arrest has a lot to do with his continuous efforts for the youth in the camps and his work as a writer / poet involved in community work and refugee journalism.

Currently most contacts in Nepal seem more or less frozen or have at least weakened. Partly because some of my friends were resettled to other places on the globe and mostly to the United States. Partly because some of them have been threatened. The effect is that the story of Jeetan (an alias for his real name Jit) is still unclear.

And I find that worrying.

Therefore I repeat the appeal made by the AHRC (Asian Human Rights Council) on his behalf. Here is the story. If you want to support and apeal his case, and I urge you to do so, go to the AHRC website and sign the petition. This is the link.

This is the story of a desperate guy who was arrested unjustly only days before he was supposed to resettle and get a better life elsewhere:

14 May 2012

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NEPAL: Bhutanese refugee tortured and threatened with false charges in Kathmandu

ISSUES: Torture, Refugees, IDPs & Asylum seekers, Police violence, Arbitrary arrest and detention
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Dear friends,

The Asian Human Rights Commission (AHRC) has 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. 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. He was severely tortured under interrogation and threatened that false charges of drug smuggling would be filed against him. He 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. 

CASE NARRATIVE:

According to the information we have received, 29-year-old Jit Bahadur Subba lives in the Bhutanese refugee camp, Beldangi II. He belongs to one of the thousands Nepali-speaking families who, after having lived for several generations in Bhutan, were expelled from the country to refugee camps in Nepal twenty years ago. Mr. Subba had applied for resettlement to the USA and was kept in the transit office of the International organization for Migrant (IOM) in Baluwatar, Kathmandu for investigation of his identification documents from 12th to 27th April 2012.

On 27 April 2012 at around 2.30 pm he was arrested from the IOM office by 4 to 5 police officers in civilian clothes. He was not given any reason for his arrest nor was any arrest warrant produced by the police. He was then brought to the Central Investigation Bureau (CIB), Maharajganj, Kathmandu. He was kept there for two days, without being provided with a detention letter or an arrest warrant. He was brought before a judicial authority on 29 April 2012, exceeding the 24-hour delay set up by the constitution for every person who is arrested to be produced before a judicial authority. This amounts to illegal detention.

He was kept in the CIB for two days, reportedly without being provided with any food or water. His family was not informed of his arrest. There he was interrogated regarding his alleged involvement in the forging of a fake passport and of having purchased Nepali citizenship. The first day he was tortured under interrogation by two policemen, wearing civilian clothes. He was slapped across the face a dozen times, the soles of his feet were beaten and the policemen beat him all over his body. Due to the pain he almost lost consciousness. The policemen then interrogated him on other the involvement of other persons in the same charges and, as he could not provide information, the policemen put a packet of drugs in his pocket and threatened to charge him with drug smuggling. As the policemen were wearing civilian clothes, he could not identify their ranks.

On 29th April, he was sent to Metropolitan Police Range, Hanumandhoka, Kathmandu, and was provided with warrant papers. He was produced before Kathmandu District Court on the same day. The court remanded him into custody for five days the first time, and for six days a second time. According to the police his case is under investigation under charges of forgery of citizenship documents and passports.

At no point during his detention was Mr. 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. 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.

The police was also present during the medical check-up of the victim when they sent him to Bir hospital on 7 May. Due to the presence of the police, the victim did not dare mentioning the torture to the doctor and the doctor did not ask about it either. Therefore the presence of the police during the medical examination prevented the victim from getting proper treatment and he was just provided with some anti-allergic medicines.

The victim’s health condition has deteriorated due to lack of proper treatment and the poor conditions in Hanumandhoka detention center. His body is covered with scars of worms and insects and he suffers from sleeplessness.

The victim is very afraid that he may receive further torture and measures must be taken for his protection immediately.

SUGGESTED ACTION:
Please join us in writing to the authorities listed below to express concern upon learning of the torture inflicted to Mr. Subba and urge the authorities to guarantee his physical and psychological safety. Please demand that an investigation should be launched into the allegations of torture and that the perpetrators should be held accountable. Please further urge the authorities to ensure that no confession extracted under torture could be used in court proceedings against the accused.

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for his intervention into this matter.

Alice Anna Verheij
writer, filmmaker, journalist, human rights worker

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Is Nepal police killing a friend?

On April 27 a friend of mine who I value as a respectable journalist and community worker for the Bhutanese refugees in the camps in the Jhapa and Morang districts in Nepal was arrested in the IOM office in Kathmandu while waiting for his resettlement to the US to start a new life just like many other exiles through the UNHCR third country resettlement program. Jeet Bahadur Subba (who I know by a different name which is common practice for many Nepali youth) is a Bhutanese exile, writer, poet, community and youth worker who lived in a Bhutanese refugee camp for many, many years. But in stead of many other youth he worked hard for the benefit of the people, especially youth, in the camps. He did that by co-organizing social events, support actions for fire victims and trainings to empower youth and vulnerable groups in the camps.

We traveled together to the fire struck Goldhap an Sanischare camp and on invitation of Caritas gave journalism training to youth in the Beldangi camp last summer. The way he motivated the youth in that training and his passion in doing so was impressive.

Hanuman Dhoka Police Station, Kathmandu

Jeet Subba (I know him as Jeetan) is quite a character, not to be disregarded. We shared passionate conversations and joined effort for the benefit of his people in the camps. He is now detained at the the Hanuman Dhoka police station on charges of document falsification for Nepalis to be resettled to the US and Canada and having a false Nepali passport himself. An accusation of crimes that are threatening honest and justified third country resettlement. If that is true they are a serious accusation and he should be brought to trial.

However, after his arrest Jeet Subba has been severely tortured by Nepal police during the days before he was formally accused. During that time between April 27 and at least May 2 he was the victim of police brutality and threats. The torture methods included hooding, beatings with batons, falanga and the threats of pushing fabricated accusations of drugs smuggling onto him. Jit Subba admitted the accusations after being heavily tortured and will be brought to court as a result af that. During those first days in detention he was not given food or water while being in solitary confinement , not being read his legal rights, not being handed an arrest warrant or detention letter and not being allowed to talk with a lawyer without police presence. After those first days a visiting lawyer from a Nepal based human rights organization found Jit Subba with scars on his body, not being able to stand or walk and scared for his life. A second visit by a lawyer on May 8 after Jit Subba was transferred from the Central Investigation Bureau in Maharajganj, Kathmandu to Hanuman Dhoka police station was again not allowed without police presence. Current information is that Jeet Subba still needs urgent medical treatment as the result of severe torture.

Yesterday the Asian Human Rights Commission requested the prime minister of Nepal to intervene, just like other organizations had done in the past week.

Obviously Nepal police is, if the accusations of torture are true (and they are confirmed by multiple sources), way out of line on many grounds. From illegal arrest to illegal confinement, torture, threats of framing a citizen, not allowing legal support and not adhering to the Nepal interim constitution in regard to human rights. This is a very serious matter because with everything that is now known the question rises why they do that.

Fact is that journalists working for the Bhutanese exiles in Nepal have continuously experienced trouble ranging from threats and abuse to extremely slow processing of their files for their resettlement resulting in unnecessary prolonged life in the refugee camps. This seems not only to be the case for active journalists but also for community workers.

From a personal angle I have to state that I have witnessed incidents and heard experiences from people I got to know while filming the situation concerning Bhutanese exiles in Nepal. Those incidents and experiences strengthen me in my conviction that also in this case the truth lies far from what Jit Subba is being accused of. For me it is obvious that human rights of Bhutanese exiles are structurally abused by the authorities. This concerns community workers, unregistered refugees and others who are left in limbo on their position and the way the third country resettlement project of the UNHCR is executed in some cases. The claim that Jit Subba was having a Nepali passport on him is something that is for me not surprising knowing the despair of youth who are actively supporting their own people with the side effect of seeing their own third country resettlement not happening. Eighteen years in a refugee camps can drive people crazy up to the point that out of despair they’ll do anything to escape to a better and more human life.

Jit Bahadur Subba seems to be the victim of this and might very well be proven innocent after a transparent and honest police inquiry. The fact that he has been severely tortured by police is by now undeniable, which is a disgrace for a country that is in the process of finalizing a new constitution aimed at bringing peace and order.

If nothing happens I will have to fear for the life of someone I regard a friend.

Alice Verheij © 2012