NEPAL: Ganga Maya is dying for justice; urgent intervention needed to save her life

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-039-2018
ISSUES: Administration of justice, Right to redress, Victims assistance & protection,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum that Ganga Maya Adhikari from Fujel, Gorkha district has started another hunger strike demanding the implementation of the Supreme Court’s order and impartial investigation and prosecution into the murder case of her son Krishna Prasad Adhikari. Krishna Prasad’s father perished in the pursuit of justice, and his mother now is on her deathbed. She must be saved, and given justice.

CASE NARRATIVE:

Ganga Maya Adhikari from Fujel, Gorkha district began for the third time, a fast-on-to-death hunger strike on 29 May 2018. After 30 days of her hunger strike, her health condition is severely deteriorating. At present she has been kept in the ICU of Bir Hospital, Kathmandu.

Ganga Maya has a simple demand: the arrest of Chhabilal Poudel, the main accused of the murder of her son, Krishna Adhikari, in accordance with the Supreme Court order of 21 December 2015, and investigation into the case. It is tragic that the government is not serious or humane enough to listen to her pleas for justice and act immediately to save her life. The legal proceedings, punishment to the culprit and reparation to the victim’s family members could be done in the later phase, but the immediate arrest of Poudel should be done to save Ganga Maya’s life.

Ganga Maya along with her husband Nanda Prasad Adhikari, had started her first fast-on-to-death strike in January 2013. The hunger strike ended in 47 days, after the government assured them of justice in their son’s murder case. However, as the accused was released on bail immediately after the arrest, the Adhikari couple resumed their strike, which finally ended Nanda’s life on his 333rd day of fast-unto-death in September 2014. His body is kept in Tribhuwan University Teaching Hospital (TUTH) still waiting for cremation. Even after losing her husband, Ganga Maya had continued her hunger strike for a total of 360 days, until the government signed a five-point deal with her in October 2015. However, the lies of the government continued as no accused were arrested, and nor did the murder trial progress.

Krishna Prasad Adhikari, an 18-year-old youth from Fujel VDC-7, Gorkha district was brutally killed on 6 June 2004 by the Maoists cadres in Chitwan district. The family’s efforts to seek justice have been futile due to state inaction, forcing them to be displaced from the village. They ultimately decided to take extreme measures.

Ganga Maya is in the custody of the government. The state is under obligation to conduct prompt, fair and effective investigation into the murder case of Krishna Adhikari under both national and international laws. If Ganga dies in the custody of the state, the government will be individually liable. Likewise, the political parties must also take responsibility, as they have colluded to protect perpetrators of violations and promote impunity in the country. No political party in Nepal has taken up this case seriously.

Furthermore, the Government has been defying court orders seriously undermining the rule of law. Ganga Maya was hospitalized because of her health condition but decided to fast onto death on May 29, Republican Day, when she saw Balkrishna Dhungel being released from presidential pardon. ‘I have no strength to witness this level of state protection to murderers and I want to die as I do not see any hope of getting justice for my son,’ she told the journalists organizing a press conference in the cabin of the Bir Hospital.

SUGGESTED ACTION:

Before she dies and we are left to utter words and phrases such as, ‘Rest in Peace’, ‘you are the fighter,’ and so forth, your immediate intervention could save her life. Please write letters to the following authorities and urge them to

 

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

SAMPLE LETTER

Dear ___________, NEPAL: Ganga Maya is dying for justice; urgent intervention needed to save her life Name of victims: Ganga Maya Adhikari Name of alleged perpetrators: Chhabilal Poudel Date of incident: January 2013 to the present Place of incident: Bir Hospital, Kathmandu, Nepal I am writing to voice my deep concern regarding Ganga Maya Adhikari from Fujel, Gorkha district who began for the third time, a fast-on-to-death hunger strike on 29 May 2018. After 30 days of her hunger strike, her health condition is severely deteriorating. At present she has been kept in the ICU of Bir Hospital, Kathmandu. Ganga Maya has a simple demand: the arrest of Chhabilal Poudel, the main accused of the murder of her son, Krishna Adhikari, in accordance with the Supreme Court order of 21 December 2015, and investigation into the case. It is tragic that the government is not serious or humane enough to listen to her pleas for justice and act immediately to save her life. The legal proceedings, punishment to the culprit and reparation to the victim's family members could be done in the later phase, but the immediate arrest of Poudel should be done to save Ganga Maya's life. Ganga Maya along with her husband Nanda Prasad Adhikari, had started her first fast-on-to-death strike in January 2013. The hunger strike ended in 47 days, after the government assured them of justice in their son’s murder case. However, as the accused was released on bail immediately after the arrest, the Adhikari couple resumed their strike, which finally ended Nanda's life on his 333rd day of fast-unto-death in September 2014. His body is kept in Tribhuwan University Teaching Hospital (TUTH) still waiting for cremation. Even after losing her husband, Ganga Maya had continued her hunger strike for a total of 360 days, until the government signed a five-point deal with her in October 2015. However, the lies of the government continued as no accused were arrested, and nor did the murder trial progress. Krishna Prasad Adhikari, an 18-year-old youth from Fujel VDC-7, Gorkha district was brutally killed on 6 June 2004 by the Maoists cadres in Chitwan district. The family's efforts to seek justice have been futile due to state inaction, forcing them to be displaced from the village. They ultimately decided to take extreme measures. Ganga Maya is in the custody of the government. The state is under obligation to conduct prompt, fair and effective investigation into the murder case of Krishna Adhikari under both national and international laws. If Ganga dies in the custody of the state, the government will be individually liable. Likewise, the political parties must also take responsibility, as they have colluded to protect perpetrators of violations and promote impunity in the country. No political party in Nepal has taken up this case seriously. Furthermore, the Government has been defying court orders seriously undermining the rule of law. Ganga Maya was hospitalized because of her health condition but decided to fast onto death on May 29, Republican Day, when she saw Balkrishna Dhungel being released from presidential pardon. 'I have no strength to witness this level of state protection to murderers and I want to die as I do not see any hope of getting justice for my son,' she told the journalists organizing a press conference in the cabin of the Bir Hospital. I look forward to your prompt action in this matter. Yours Sincerely, ………………. PLEASE SEND YOUR LETTERS TO: 1. Mr. Khadga Prasad Sharma Oli Prime Minister Office of the Prime Minister and Council of Ministers of Nepal Singh Durbar, Kathmandu P.O. Box: 23312 NEPAL Tel: +977 1 4211000 Fax: +977 1 4211086 Email: info@opmcm.gov.np 2. Mr. Ram Bahadur Thapa ‘Badal’ Home Minister  Ministry of Home Affairs Singh Durbar, Kathmandu  NEPAL Fax: +977 1 421-1257, 421-1286 Email: gunaso@moha.gov.np 3. Mr. Sher Bahadur Tamang Minister for Law, Justice and Parliamentary Affairs Singh Durbar, Kathmandu NEPAL Tel: +977-01-4200225Fax: +977-01-4211684 Email: infolaw@moljpa.gov.np 4. Mr. Anupraj Sharma Chairperson National Human Rights Commission Pulchowk, Lalitpur NEPAL Fax: +977 1 55 47973 Tel: +977 1 5010015 E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org 5. Mr. Agni Prasad Kharel Attorney General Office of Attorney General  Ramshah Path, Kathmandu NEPAL  Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394 Fax: +977 1 4262582 / 4218051 Email: info@attorneygeneral.gov.np 6. Mr. Sarbendra Khanal Inspector General of Police Police Head Quarters  Naxal, Kathmandu NEPAL Fax: +977 1 4415593 Tel: +977 1 4412432 Email: phqigs@nepalpolice.gov.np 7. Mr. Dhiru Basnyat DIGP Human Rights Section Nepal Police Headquarters, Naxal, Kathmandu NEPAL Tel: +977-1-4411618 Fax: +977-1-4415593 E-mail: hrcell@nepalpolice.gov.np Thank you. Urgent Appeals Program Asian Human Rights Commission (ua@ahrc.asia)
Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-039-2018
Countries : Nepal,
Issues : Administration of justice, Right to redress, Victims assistance & protection,