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NEPAL: A man remains missing after his abduction by the Young Communist League

June 4, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-078-2010



4 June 2010
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NEPAL: A man remains missing after his abduction by the Young Communist League

ISSUES: Disappearances; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man was abducted by members of the Young Communist League (YCL) on 7 May after he allegedly refused to give money to a Maoist activist, during the Maoists' indefinite strike. His whereabouts remain unknown. The Maoist groups have denied any involvement in this case and have refused to collaborate with the police, and although police have arrested two Maoists cadres, they have not been able to locate the missing person. There is still no law in Nepal that criminalizes enforced disappearance.

CASE NARRATIVE:

According to the information we have received from the Advocacy Forum, a national human rights NGO based in Kathmandu, Surendra Tamang, 30,from the Jhala Village Development Committee -3 in Dhading district, was abducted by members of the Young Communist League (YCL) on 7 May at around 8 am.

It is reported that the day before the abduction, Surendra had refused to give money to his brother-in-law, a Maoist activist called Yauvan. At that time the Maoists were holding their indefinite strike, but it remains unclear whether Yauvan asked for money as a donation to support the Maoist strike, or for personal purposes.

The following day on 7 May, Surendra went to buy medicine for his mother and met YCL in-charge Mang Bahadur Tamang in Gangabu Chowk, in front of Binayak Hospital, Gangabu. After they had shaken hands and spoken for a few minutes, Surendra and his friend Prem Chokhyal were reportedly seized by Maoist cadres and taken to a private school named Forward Academy in Gangabu, Kathmandu. They were reportedly detained there, along with Maoist cadres from Nuwakot and Dhading who were staying there during the strike.

At 11 am Prem Chokhyal was released from the academy and was threatened with dire consequences should he tell anybody about the abduction. Prem asked the abductors when they would release Surendra, and was told that he would be set free at 2pm that same day. However Surendra has not been seen since.

On 8 May Surendra's elder brother and Prem visited the Metropolitan Police Circle Maharajgunj in Kathmandu to inform the police about the incident. However they report that the Deputy Inspector of Police (DPS) Dipak Thapa was uncooperative and dismissive of the case. During an interview with Surendra's wife he allegedly treated her roughly, as if she were a potential suspect, and insulted her by calling her bhote( a derogatory term referring to her caste). He said that he believed Surendra was laying drunk in an ally somewhere, and asked for proof of the involvement of the YCL.

Surendra's elder brother Sharma Tamang visited some local and central level Maoist leaders to gather information about the abduction. He claims that senior leaders, Post Bahadur Bogati, Agni Sapkota, Krishna Bahadur Mahara and Sagar Pun, all denied Maoist involvement in the abduction. However they all refused to disclose any information about the leadership of the Maoist group stationed at the Forward Academy at the time of the incident.

Since the abduction, there have been various unverified reports of sightings of Surendra, but his exact whereabouts remain unknown.

On 10 May Surendra’s elder brother filed an FIR at the same police station. The police investigation into the abduction has so far resulted in the arrest of Maoist DCM Yauvan and YCL central member Rajan Gautam.

BACKGROUND INFORMATION:

Article 7.1.4 of the Comprehensive Peace Agreement was signed between the government of Nepal and the Maoists, and mandates that "Both sides would not be involved in the acts of torture; kidnapping; and forcing the civilians in any work and take necessary action to discourage such acts". According to the statistics of the National Human Rights Commission, following the signature of the CPA, cases of disappearances by the Maoists have been consistently declining: 132 cases were reported in 2007, 37 in 2008 and 24 in 2009. Nevertheless, those statistics also show that civilians continue to be regularly abducted and disappeared by the Maoists. Please see our Urgent Appeals UA-219-2007 and UA-298-2007, which involve victims being taken away by the Maoists or by the Young Communist League, and remaining missing afterwards.

The impunity of persons involved in enforced disappearances is often secured by the uncooperative attitude of the police, who regularly refuse to register cases when the Maoists or the Young Communist League are involved. This may be due to the fear of reprisals, or because they know that any inquiry confronting such suspects is unlikely to yield results. In the case of Arjun Bohadur Lama, who was abducted by Maoists in 2005 it took one year for his widow to file a complaint, after the District Police repeatedly refused to do so. Even a Supreme Court order that police register the case was delayed for five months. It should be noted that once a complaint is filed there is no guarantee for the victims that the police will conduct a proper investigation..

This situation is further aggravated by the lack of cooperation by the cadres of the Maoists party. In its recent report to the Human Rights Counci (PDF)l, the OHCHR-Nepal stated that ‘The leadership of UCPN-M has likewise failed to cooperate with criminal investigations into the involvement of its cadres in serious human rights abuses during and after the conflict’. Regarding the cases of enforced disappearances, it further remarks that: ‘UCPN-M has also failed to make good on its public commitment to inform the families of victims abducted by its cadres in Bardiya district during the conflict about the fate of their loved ones.’ Since the UCPN-M has been denying its involvement in Surendra's abduction, their cooperation – and therefore his recovery – looks unlikely.

ADDITIONAL COMMENTS:

Although the Interim Constitution of Nepal makes provision for the criminalization of enforced disappearances, there is still no law in Nepal that criminalizes it. In November 2009 the Council of Ministers approved draft legislation that would effectively do so and sent it to the Legislature-Parliament for consideration, following consultations with the public and human rights organizations by the Ministry for Peace and Reconstruction.

However it falls short of international standards since it includes a restrictive six-month limitation for the filing of a criminal complaint, and contains no provision to define the systematic practice of enforced disappearances as a crime against humanity, according to the definition included in the 1992 UN Declaration for the Protection of All Persons from Enforced Disappearances.

SUGGESTED ACTION:

Please join us in expressing your concern in this case by writing to the following authorities. Please ask for a thorough and prompt investigation so that Surendra can be safely recovered and his family informed of his whereabouts.

The AHRC is writing separate letters to the UN Working Group on Enforced Disappearances and the field office of the UN Office of the High Commissioner for Human Rights in Kathmandu.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

NEPAL: A man remains missing after his abduction by the Young Communist League

Name of victim: Surendra Tamang, 30, permanent resident of Jhala Village Development Committee -3, Dhading district
Names of alleged perpetrators: Members of the Young Communist League, with other Maoists cadres including Mang Bahadur Tamang, YCL-in charge.
Date of incident: 7 May 2010
Place of incident: Forward Academy in Gangabu, Kathmandu

I am writing to voice my deep concern regarding the abduction of Surendra Tamang by Maoist cadres on 7 May 2010, and the lack of information his family has received about his whereabouts since then.

According to the information I have received from the Asian Human Rights Commission (AHRC), the day before the abduction the victim had refused to give money to his brother-in-law, Maoist activist Yauvan Tamang, at the time of the indefinite strike held by the Maoists. It remains unclear whether Yauvan was asking money in support for the Maoists’ action or for personal purposes.

I am further informed that on 7 May, Surendra Tamang went to buy medicine for his mother and met YCL in-charge Mang Bahadur Tamang at around 8am in front of Binayak Hospital, Gangabu. After they had shaken hands and spoken for a few minutes, Surendra and his friend Prem Chokhyal were reportedly seized by Maoist cadres and taken to a private school named Forward Academy in Gangabu, Kathmandu. They were allegedly detained there along with Maoist cadres from Nuwakot and Dhading who were staying there during the strike.

I know that Prem Chokhyal was released at 11am the same day and threatened with dire consequences should he tell anybody about the abduction. The abductors reportedly told him that Surendra would be released at 2pm that same day, though this did not happen.

I am informed that on 8 May Surendra's elder brother and Prem Chokhyal visited the Metropolitan Circle Maharajgunj in Kathmandu and informed the police about the incident, yet the Deputy Inspector of Police (DPS) Dipak Thapa was reportedly dismissive and uncooperative, insulting the victim’s wife and asking for proof of the involvement of the YCL in the abduction.

I am concerned to hear that when Surendra's elder brother, Sharma Tamang, visited some local and central level Maoist leaders to gather more information , senior leaders Post Bahadur Bogati, Agni Sapkota, Krishna Bahadur Mahara and Sagar Pun all denied Maoist involvement in the abduction. However they were also uncooperative and refused to disclose any information regarding the leadership of the Maoist group stationed at the Forward Academy at the time of the incident.

The police investigation into the abduction has so far resulted in the arrest of Maoist DCM Yauvan and YCL central member Rajan Gautam. Nevertheless the whereabouts of Surendra Tamang remain unknown.

I know that this case is not an isolated one, and that instances of civilians being abducted by the Maoists are still reported from time to time. Statistics by the NHRC report 24 cases of enforced disappearances linked to the Maoists in 2009. I consider this practice to be unacceptable during wartime, and all the more so after a peace agreement has been signed. Much stronger efforts must be made to eradicate it.

I am aware that the initial attitudes of the police and of the Maoist leadership in this case are typical obstacles to an environment of accountability for crimes of enforced disappearances and of other human rights violations committed by the Maoists. I understand that the police are usually reluctant to investigate cases involving the Maoists: even if a case is eventually filed in a police station, this does not guarantee that it will be properly investigated. Similarly, the systematic protection granted by Maoists cadres to militants who have abducted civilians can prevent the victims’ families from ever knowing what happened to them.

In this case I understand that an investigation must be conducted as promptly as possible. I therefore urge you to ensure the prompt and impartial investigation into such allegations. Strong and immediate protection must be granted to the victims' families. The tremendous economic impact a disappearance inflicts upon a victim’s family is a well-established fact, and I ask you to ensure that they be provided with immediate interim relief.

I urge the Maoists to show their commitment to the peace agreement they have signed by informing the family about Surendra's whereabouts, guaranteeing his integrity at all time and cooperating with investigations. If he is still under the Maoists’ custody he should be released immediately.

I also take this opportunity to draw your attention to the urgent need to adopt the legislation that criminalizes the crime of enforced disappearances, with provisions in line with international standards.


Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

2. Honble Rakam Chemjong
Ministry of Peace and Reconstruction
Singh Durbar, Kathmandu, Nepal.
Tel: +977 1 4211189
Fax: +977 1 4211186 and 4211173
Email: info@peace.gov.np

3. Bhim Bahadur Rawal
Ministry of Home Affairs
Singha Darbar
Kathmandu
Nepal
Tel : 00977-1-4211204 / 4211252
Fax: 00977-1-4211246
Email : info@moha.gov.np

5. Mr. Sarbendra Khanal
Superintendent of Police
Police HR Cell
Nepal Police, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np

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Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-078-2010
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.