National 4 (Spotlight Weekly)

“The Use Of Torture Is Rising Exponentially”

Dr. Bhogendra Sharma

Dr. Bhogendra Sharma is the president of Center for Victims of Torture, Nepal (CVICT) – an NGO that has been engaged in curing and rehabilitating the victims of torture. Dr. Sharma, who is also the president of Copenhagen-based International Rehabilitation Council for Torture Victims (IRCT), spoke with SANJAYA DHAKAL on the situation of use of torture in Nepal. Excerpts:

What is the current situation of the use of torture in the country?

It is terrible. The incidents like the one that occurred in Iraq (brutal murder of 12 Nepalese workers) are occurring here everyday at the hands of both the warring sides. The only difference is that here there is no video documentation that can be shown to the people at large. Besides, many torture victims end up dead and are unable to narrate their stories.

To what extent has the internal conflict triggered the use of torture?

The use of torture is rising exponentially after the beginning of the internal conflict in the country. The situation is such that even those people who give counseling services to the victims are often in need of the counseling themselves as they have to deal with so many horrible cases. Compared to pre-1996, the number of victims (of torture) who approached CVICT for service has risen by more than five times. In the initial years, we used to find that 80 percent of the victims had been tortured by the state but now the equation has changed. The Maoists torture contribute to 40 percent and is rising.

What are the differences in the cases that you are looking into at present compared to the earlier days of the inception of the CVICT?

When CVICT was set up after the restoration of democracy in 1990, the majority of people who approached us for service included political victims who had suffered during the Panchayat period and Tibetan refugees. Since 1991, we also started helping torture victims among Bhutanese refugees. We used to help victims of gang-rape etc. At present, however, our focus is on the internal conflict.

What constitutes torture and what are the main methods of torture that are in practice here?

Torture is basically an attack on human dignity. Apart from its legal use, any kind of intentional harassment or punishment can be considered torture. The methods include random beating; hitting at the soles of the feet; rape and sexual harassment; mutilation; regular threat to family members; electrocution (in some cases); forced feeding of human excreta; isolation; blind-folding.

What kinds of services does CVICT provide to the victims?

We provide different kinds of support to the victims at various levels. We arrange free of cost medical and physical treatment for them. To those whose limbs have been lost, we help get them artificial ones. At times, we have even helped in the kidney transplant for the victims whose both kidneys failed due to severe torture. We have also helped the victims of rape. As part of our psychosocial intervention, we provide counseling. We also use therapeutic methods like relaxation, EMDR, yoga, meditation and so on. On the social support front, we often help the victims receive training on income generation schemes by networking with other NGOs. Likewise, we also provide legal service to a small extent. The CVICT has been conducting mobile clinics, on-the-spot screening and treatment to the distressed and disable even in remote areas. The center has rehab enters in Nepalgunj, Biratnagar and Kathmandu. Most of the time, victims of torture are referred to CVICT by other human rights organizations as well as hospitals.

What are the legal lacunae in controlling torture?

Nepal has ratified the Convention Against Torture (CAT). It has the obligation to frame laws in accordance with the convention and implement them. At present, there is a compensation act. But it still has many weaknesses. There is a need to harmonize our laws. And they should clearly state that torture is a crime. The culture of impunity must be ended.

What about the need to ratify the UN Optional Protocol on CAT?

The Optional Protocol deals primarily with the visiting mechanism. Its signing will make the country liable to arrange for visiting mechanism – both the national as well as international. Nepal needs to ratify this protocol, particularly amid current circumstances in the country.

How do you look at the current moves to address the torture problem?

They are, at best, symptomatic. We have not been able to cure its root cause. To do that, we need to make the state responsible first. The whole machinery of the state requires change to bring about remarkable transformation in this sector.

What about the non-state actor? How can we make them responsible?

The primary method to protest the torture committed by the non-state actors is to document the incidents and denounce them – which we have been doing. We need to make them see reason that committing medieval barbarism won’t make them look progressive. We have found that both the sides are using torture as a tool to subjugate the opponent.

You are also the president of IRCT. What does it do?

The IRCT is active in 77 countries around the world. It is an umbrella organization of 250 NGOs and INGOs working in the sector of torture. It is an internally recognized organization whose reports are considered valid by war crime tribunals and so on.