NEPAL: A civil servant’s whereabouts remain unknown two months on

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-004-2011
ISSUES: Enforced disappearances and abductions,

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to draw your attention to the disappearance of a civil servant since 5 November 2010 from Rajpur, Dipayal, Doti District. Two months on, the police have not been able to locate the missing person and it is important that the state continues the search to protect his right to life and the rights of his family to know of his whereabouts. 

CASE DETAILS: 

According to the information we have received from the victim’s family, Nawaraj Chaulagain, director of the far-western regional office of Public Service Commission, has been missing since 5 November 2010. On that day, he was working in his office located in Rajpur, Dipayal, Doti District, with three other staff, preparing the publication of the results of fourth-class officer examination (Nayab Subba). He went missing at around 6.30-6.45 in the evening, while he was taking a short break outside.

On the same day, the family informed the District Police Office, Dipayal, of the disappearance and the police immediately started the search. On 6 November, the family filed a case at the Dipayal Regional Police Office. However, two months later the police investigation has not been able to yield any results and the whereabouts of Nawaraj remains unknown. Although they are informed that the police have been active in the search for the missing, the family is not kept informed about the steps taken so far by the authorities to determine his whereabouts and the police reports have not yet been made public.

On 9 November, the missing person’s family appealed to the media, the political parties, the National Human Rights Commission and civil society organizations requesting their help in the investigation. They have also submitted an appeal to the ministries to expedite the search for the victim.

On 15 November, the National Human Rights Commission expressed its serious concern in the case and wrote to the Nepal government to demand that the status of the investigation be made public. Similarly, several right groups have further appealed to the government to show more diligence in the search for Nawaraj, including the Public Service Commission on 6 January 2011.

ADDITIONAL COMMENTS: 

The civil servants in Nepal have been the targets of a wave of violence, threats and abductions and the inability of the State to guarantee their protection has increased their sense of vulnerability and their feeling of insecurity. Even though the investigation has not established that Chaulagain’s disappearance was due to criminal elements, the responsibility now lies with the State to take strong measures to guarantee the security and the safety of its citizens and create an environment free of fear for its civil servants to exercise their duties and serve the citizens of Nepal. Nepal has ratified the International Covenant on Civil and Political Rights and the State therefore has the responsibility to protect the right to life, safety and security of all its citizens. In this case, this responsibility requires that the State should mobilize all the relevant agencies to conduct a thorough and coordinated investigation in order to protect the right to life of the abducted person and the right to the truth of his family. The family must be regularly kept informed of the efforts deployed to find their kin.

SUGGESTED ACTION: 
Please join us in writing to the authorities listed below to express your concern in Nawaraj Chaulagain’s disappearance case and ask for the mobilization of all the relevant state agencies to find him. The family of the missing person should be informed about the latest updates of the investigations regarding the case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

NEPAL: A civil servant’s whereabouts are still unknown two months on 
Name of victim: Nawaraj Chaulagain, Director of the Far-Western Regional Office of Public Service Commission, resident of Kalo Pul, Kathmandu District.

Date of incident: 5 November 2010
Place of incident: Rajpur, Dipayal, Doti District

I am writing to voice my deep concern regarding the disappearance of Nawaraj Chaulagain, director of the Far-Western Regional Office of Public Service Commission on 5 November 2010. I am informed that on that day, he was working in his office located in Rajpur, Dipayal, Doti District, with three other staff, preparing the publication of the results of fourth-class officer examination (Nayab Subba). He went missing at around 6.30-6.45 in the evening, while he was taking a short break outside.

I know that on 6 November, the family filed a case at the Dipayal Regional Police Office and the police launched the investigation. Since then, two months on, the police investigation has not been able to yield any results and the whereabouts of Nawaraj remains unknown. Although they are aware that the police have been active in the search for the missing person, I am concerned that the family is not being kept informed about the steps taken so far by the authorities to determine his whereabouts and the police reports have not been made public yet.

I am aware that it is the state’s responsibility to protect the right to life and security of all its citizens and hence to undertake all the necessary action to find the missing person. I know that in the recent months a large number of civil servants in Nepal have fallen prey to abductions, threats, extortion and murder. The inability of the state to guarantee the protection of the citizens working closest to it has triggered a high feeling of vulnerability and insecurity among the civil servants. The responsibility now lies with the state to take strong measures to guarantee the security and the safety of Chaulagain. I am urging the Nepalese state to continuously mobilize all the relevant agencies to conduct a thorough and coordinated investigation in order to protect the right to life of the abducted person and the right to the truth of his family.

Further, I am asking that the family must be regularly kept informed of the efforts deployed to find their kin and of the progress in the investigation.

Finally, I wish to draw your attention to the necessity to design and implement policies, respecting universally accepted human rights norms and standards, to curb criminal activities and guarantee the safety and security of all in Nepal.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO: 

1. Mr. Ramesh Chand Thakuri
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np

2. Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np

3. Home Minister,
Ministry of Home Affairs,
Singha Darbar,
Kathmandu,
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211 .00 4211264 

4. Mr. Madhav Kumar Nepal
Prime Minister
Office of the Prime Minister and Council of Nepal
Singh Durbar
Kathmandu
NEPAL
P.O. Box: 43312
Tel: + 977 1 421 1000
Fax: + 977 1 421 1086
Email: info@opmcm.gov.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-004-2011
Countries : Nepal,
Issues : Enforced disappearances and abductions,