GayToday.com

<% IssueDate = "8/12/03" IssueCategory = "World" %> GayToday.com - World

World

Nepal: Brutal Police Continue Their Attacks on Transgenders

Compiled by GayToday
International Gay and Lesbian Human Rights Commission

Kathmandu, Nepal--In addition to abuse perpetrated by police against cross-dressing men who have sex with men (MSM) recorded by Blue Diamond Society on April 22, 2003 (see GayToday, "Nepal Police Launch Brutal Attack on Cross-dress Males," http://gaytoday.com/ world/061003wo.asp ) the following incidences have also been reported:

On May 24, 2003, as they were leaving Jump nightclub in Thamel, Kathmandu, four cross-dressing men who have sex with men were verbally abused, arbitrarily detained, and physically tortured and sexually abused in custody by police officers at Sorha Khutte Police Station.

On June 22, 2003, a cross-dressing man who has sex with men was approached on the street by a policeman, who took him to a nearby police booth in Dhobichaur, Kathmandu, where four policemen beat and kicked him, forced him to strip naked, and exposed themselves as they spat on his genitalia and threatened to rape him with a baton. When the victim suggested it was not a crime to wear the attire of one's own choice in this country, they called him a pimp, a thief, and cheat.

On July 21, 2003, a mata (feminized male) and his partner were arbitrarily arrested and detained by police at Koteshwore, Kathmandu. Police Subinspector Rajendra Parshad Adhikari said to Blue Diamond Society that they were detained because the mata was dressed up and behaved in a culturally inappropriate way-and reportedly lectured them about proper dress and manners. As he tried to remove the mata's earrings, he showed them a box of jewelry which he claimed to have seized from other cross-dressers. During 14 hours in custody, the victims were provided no food and water.

Moreover, on two occasions, Blue Diamond Society's HIV/AIDS peer educators serving MSM were harassed and threatened by police for doing life-saving prevention work.

On June 21, 2003, in Pashupati Megasthali, Kathmandu, one peer educator was reportedly approached by three policemen while distributing condoms in an area frequented by men who have sex with men. After receiving condoms, the policemen demanded money from him; when he refused and identified himself as an on-duty HIV/AIDS outreach worker, they verbally abused him, punched him in the stomach, and kicked him. One of the policemen threatened to put him behind bars if he came to that area again, performed his duties as peer educator, or provided condoms to men who have sex with men.

The next day, on June 22, the same peer educator, along with a colleague from Blue Diamond Society, was approached by two of the same policemen from the previous night. They asked why they had returned to the area and performed HIV/AIDS education to men who have sex with men-and demanded them to return to their office to perform these educational activities. When they refused, the police officers verbally insulted them, stole the condoms they were carrying, and physically assaulted them. They threatened to kill the two men if they ever worked in the area again.

After the attack on Blue Diamond Society members on April 22, 2003, bowing to media and legal pressure, the Additional Inspector General of Police (AIGP) pledged to institute sensitization training on issues of sexuality and gender identity for Kathmandu, yet these incidences have proven that respect for the human rights of cross dressers and men who have sex with men among the police is far from realized. Blue Diamond Society has demanded a meeting with police officials, but police have failed to respond with a date.

Action Alert:

For additional details about the cases documented in the past three months, please feel free to contact Blue Diamond Society: bluediamondsociety@yahoo.com or blueds@ccslnp.com

Please send urgent messages, faxes, or letters of protest to the following addresses. A model letter is provided below.

Rt. Hon. Nayan Bahadur Khatri
Chairman
National Human Rights Commission of Nepal
Harihar Bhavan, Pulchwok
E-mail: nhrc@nhrc-nepal.org

Ministry of Law, Justice, and Parliamentary Affairs
Fax: +977-1-422-0684

Inspector General of Police
Email: info@nepalpolice.gov.np

Amnesty International Nepal
E-mail: ain@ccsl.com.np

Please send copies of letters to:
Sunil Pant, Executive Director
Blue Diamond Society
E-mail: bluediamondsociety@yahoo.com or blueds@ccslnp.com

Suggested Protest Letter

Dear Sir,

We are writing to express outrage over an epidemic of police abuse--including acts of arbitrary arrest and detention, physical violence, verbal abuse, intimidation, extortion, and rape--against cross-dressing men who have sex with men as well as on-duty HIV/AIDS outreach workers serving homosexuals in Kathmandu. Despite our calls for an end to this pattern of violence after an incident on April 22, 2003 reported by Blue Diamond Society-a support organization for men who have sex with men in Nepal--the violence against this population has only intensified.

One four separate occasions in the past three months, police have reportedly attacked cross-dressing men who have sex with men in Kathmandu. These attacks against cross-dressing MSM have transpired late at night, frequently as the victims enter or leave discos and other nightspots. Police officers have reportedly perpetrated acts of verbal abuse, physical beating, sexual abuse, intimidation, extortion, arbitrary arrest and detainment, and torture in custody. According to testimonials of cross-dressing men who have sex with men collected by Blue Diamond Society, police typically attempt to humiliate this population by calling a crowd around to stare, forcing the victims to dance or walk about in drag, taking their photos without permission, or calling them derogatory names such as "hijra".

Blue Diamond Society also reports that on two occasions, police have harassed, threatened, and verbally and physically abused its on-duty HIV/AIDS peer education workers serving men who have sex with men. This abuse has not only rendered two of its outreach workers physically incapable of working but also prevented life-saving HIV/AIDS prevention work targeting vulnerable populations.

These violations of the right to freedom of expression, freedom from torture, the right to security of person, the right to freedom from arbitrary arrest and detention, right to information, right to health, and right to be free from discrimination--all guaranteed by the International Convenant on Civil and Political Rights, to which Nepal is a signatory--are alarmingly common at the hands of the police against men who have sex with men and cross-dressers in Nepal. The police harassment and violence against HIV/AIDS workers is also preventing life-saving education work against vulnerable populations in Nepal.

We denounce this discriminatory behavior and demand an immediate end to all police abuses against homosexuals. We repeat our demand for an immediate, sweeping, and fair investigation of previous and current abuses against these communities by the police, including the above mentioned incidences. Police should protect and serve citizens, not abuse them. The Kathmandu police should be trained immediately on human rights and issues of human diversity, including sexual orientation and gender identity, to discourage discrimination against any group, including homosexuals. We urge you to invite local groups such as Blue Diamond Society to assist with training police on these matters.

I anticipate your swift and decisive action to guarantee respect for human rights in accordance with international human rights standards in Nepal. Please contact me with notification of your response at the address below.

Sincerely,
[Name]
[Organization]

For More ...