A video showing a police officer pouncing on a youth for allegedly using his phone to complain about his encounter with the law enforcement in Chitwan went viral on social media, drew heavy censure against police’s behaviour with the public and led to his suspension by the force on Monday.
Assistant Sub-Inspector (ASI) Buddhi Bahadur Gharti Bhujel has been suspended after the video went viral showing him kicking the young man and trampling on him with boots at Basenichok of Bharatpur Metropolitan City three weeks ago. Bhujel beat and kicked the victim during a motorcycle blue book (vehicle ownership certificate) check in the city’s Bypass area.
Police personnel are not supposed to use force just because someone argues with them, and even when police are verbally abused, says Nabin Bhandari, a criminologist.
Asked about the reasons, a police inspector in Chitwan said, citing ongoing investigation, that they have no substantive information to share with the media. “All I can tell you right now is that the incident happened during a blue book checking of the motorcycle.”
The District Police Office has formed a five-member committee to investigate the issue. However, the time limit of the investigation committee has not been mentioned in the terms of reference.
The use of force by police is a universally accepted practice to take difficult situations under control, for self-defence or to protect an individual or group. However, there is no single, universally agreed-upon definition of the use of force.
According to the Police Act (1955), the government of Nepal has the power to exercise supervision over and control the police force, and issue directives to the police; and it is the duty of every police employee to comply with the orders and directives of the government. However, the Act does not specifically address issues related to the use of force.
Criminologists say officers receive guidance from their agencies regarding the use of force and the circumstances under which it can be used. However, no universal set of rules governs when and how much force officers should use.
“The force used to take the situation under control when a person or group's life or property is under threat is different to the force used in normal conditions,” said Bhandari, the criminologist. “In normal conditions, police are also supposed to warn the perpetrator, saying they will be compelled to use force should s/he does not abide by the law.”
Bhujel was suspended from his job on Monday for the December 31 incident. “Since the incident was not brought to our notice, no one complained for almost three weeks. But once it came to our attention, we immediately suspended Bhujel,” said Inspector Laxman KC, the spokesperson for Chitwan District Police.
KC said Bhujel violated police ethics. The video widely circulated on social media shows the man beaten by ASI Bhujel lying on the road close to an electricity pole.
If found guilty, Bhujel would be penalised as per the Police Act, KC added.
The Police Act has provisions for an accused employee being let go after a warning, or facing halts to pay increment and promotion, or being sacked from the job if proven guilty. However, KC said this will be determined based on the sensitivity of the incident.
However, criminologist Bhandari believes police personnel who are not supposed to use even minor force in a normal situation can be prosecuted for attempted murder if the force used could have sufficed to take the victim’s life.
“There are normal criminal cases and high-level criminal cases. In the case of Chitwan, if the policeman has used excessive force, then he can be prosecuted under high-level criminal cases, which is an attempt to murder,” Bhandari said. “But, for that, the victim or his kin should file a complaint with the police. They can later go to the court with the same appeal.”
However, Bhandari doubts that the police will make any serious case against the officer.
Inspector KC claims that action will be taken against the officer for having acted against the organisation’s policy. “It will be proportionate to the mistake committed.”
Article 22 of the Constitution of Nepal stipulates that: “No person who is arrested or detained shall be subjected to physical or mental torture or cruel, inhuman or degrading treatment.”
The Chitwan incident is just a representative case of police personnel using excessive force even in circumstances that can be contained easily. Organisations such as Human Rights Watch often accuse the Nepal Police of resorting to unnecessary use of force.
About 60 people, including police officers, as well as dozens of Madhesi protesters and other members of the public, were killed during widespread protests against the promulgation of the constitution in 2015. At the time, rights activists accused the security forces of using excessive force to quell protests.
A Human Rights Watch investigation found evidence of serious abuses. The findings of an official inquiry were never published, and no police officer has been held accountable for the killings, according to the report published by the international organisation.
Other police killings of protesters in recent years include the shooting of a man at Kanchanpur in 2018, when residents protested police mishandling of a rape and murder case, and the shooting of a man in Sarlahi district in 2019 when residents protested the accidental death of a child in an illegal sand mine.
In the 2020 custodial death of Bijay Mahara of Rautahat district, the government has acknowledged that police officers appear to be responsible for his killing but failed to bring the alleged perpetrators to justice.
What is the Nepal Police doing to make police personnel sensitive to human rights issues?
Dinesh Kumar Acharya, spokesperson for the police force, says that the institution is serious about the issue of human rights, and its personnel receive focussed training on this matter.
“We have clear dos and don’ts for our personnel regarding human rights,” Acharya said. “We also ensure that our personnel learn from earlier mistakes committed within the institution.”
Whenever an incident happens, Nepal Police also investigates the cause and effect of the incident. “While doing this, sometimes, due to the character of individual police personnel, some incidents occur,” said Acharya, hinting at the recent incident in Chitwan.
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