NEPAL: Journalists and protesters suffer injuries from a police charge

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-088-2013
ISSUES: Freedom of assembly, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the physical abuse of protesters and journalists covering peaceful protests in Biratnagar on 10 June 2013. Two journalists and at least six protesters have been injured in the attack by the police. Witnesses have reported hearing specific orders to target journalists. When the protesters went to complain about the incident to the District Police Office they were sent away. Throughout the year incidents of police charges on peaceful protesters have been numerous, a worrying sign of a shrinking space for freedom of assembly in Nepal.

CASE NARRATIVE:

According to the information we have received, a protest was going on in the margin of a picketing movement organized by the Indigenous, Dalit, and Backward Class Coordination Struggle Committee in Biratnagar. The program started on 9 June 2013 and was asking financial transparency and an inclusive allocation of the municipal budget for traditionally excluded groups. The protest had started on 9 June. After having put forward a thirteen-point demand with the Biratnagar Sub-metropolis City Office, the protesters had picketed the office for one hour from 10 to 11 am on the first day and were planning to hold a protest in the same place from 10 to 12 am the following day.

On 10 June, around 10 am, 50 to 60 protesters were peacefully singing slogans, blocking the entrance to the City office when, without prior warning, the police charged the protesters, hitting them with lathis (sticks). The charge started as it was office opening hours, in order to open the door to the municipal office. About 25 police officers under the command of Sub Inspector of Police Gagendra Dhamala, from District Police Office, Morang took part in the assault. 60 to 70 staffs of the Sub-metropolitan City Office joined the assault. Five protesters and two journalists were injured in the clash.

Kaushal Niraula, a correspondent of Terai Television and Makalu F.M Biratnagar was taking pictures of the protest and of the scuffle between the police and the demonstrators when angered staff from the city office attacked him and tried to seize his camera. He was punched on the mouth who was cut under the shock. Brahmadev Yadav, his colleague and a correspondent of Popular FM, Sunsari and Nepal Patra, Kathmandu tried to help him but was beaten by the police on his back and his legs with a baton. Witnesses have reported hearing orders to target and attack the journalists.

One of the protesters, Dilip Saha, 50, chairperson of Nepal Backward Class Morang was attacked. Two police officers, Sub Inspector Mahendra Shrestha and Head Constable Tika Shrestha and one staff from the Sub-Metropolis, caught his hands and kicked his body with their police boots, punched him with their fists and struck him with lathis. He fell unconscious and was taken to Koshi Zonal Hospital for treatment where the doctors recommended him to do x-rays, which he could not as he did not have sufficient funds. He has been suffering from chest pain and taking medicine.

Kalpana Singh Gangai, 35 year old, shows the wounds of having been beaten with sticks and police boots on her back and is currently receiving treatment. During the protest four women police officers came and caught her hands. They dragged her to the road and beat on her back twice. She is now suffering from back pain and has difficulty walking.

Surendra Mahato, 38, has a wound on his right hand that he got while protecting himself from the lathi charge. He was beaten up with lathis on his head, back, hand and others parts of his body. He had wounds on the forehead and head and bruises.

Dilip Sah, 45, has weals and abrasions from sticks on his back,

Arbindra Mandal, 28, also has bruising from police boots on his body.

Saraswoti Devi Chaudhari, 35, was assaulted by men and women officers. They beat her right arm with a lathi, pierced her forehead and back until she fell unconscious. She has taken medicine prescribed by a local doctor and has marks on her right arm, back and small marks on her forehead. Her whole body is aching due to the beating and she has nightmares about the incident.

Later that day, the protesters went to the district police office to complain about the incident but the Deputy Superintendent of DSP Dipak Pokharel ordered them out of his office. Following that the Chief of the Sub Metropolis called the protesters for a dialogue and apologized for the incident.

The Federation of Nepalese Journalist, Morang branch issued a press release condemning the police charge on peaceful protestors and journalists.

SUGGESTED ACTION:
Please join us in writing to the authorities of Nepal in asking for the investigation of that incident.

Please note that the AHRC is writing separate letters to the Special Rapporteur on the rights to freedom of peaceful assembly and of association and to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

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

SAMPLE LETTER

Dear …………..,

NEPAL: Journalists and protesters suffer injuries from a police charge

Name of victims:
1.Bramhadev Yadav, correspondent of Popular FM, Sunsari and Nepal Patra, Kathmandu 2.Kaushal Niraula, correspondent of Terai Television and Makalu F.M Biratnagar
3.Dilip Saha, 50, Chairperson of Nepal Backward Class Morang, a permanent resident of Gobindapur V.D.C ward no: 8
4.Kalpana Singh Gangai, 35, Biratnagar-11, Treasurer of Biratnagar Sub-Metropolis Indigenous Community
5.Surendra Mahato, 38, a resident of Biratnagar-16 Laxmi Narayan Tole, Member of Backward Community District Committee:
6.Saraswoti Devi Chaudhari, 35, a resident of Biratnagar Sub-Metropolis ward no: 7 Member of Biratnagar Sub-Metropolis Backward Community 16
7.Arbinda Mandal, 28, a permanent resident of Biratnagar Sub-Metropolis ward no: 16
Names of alleged perpetrators: 25 police officers under the command of Sub Inspector of Police Gagendra Dhamala, from District Police Office, Morang, including Subinspector Mahendra Shrestha and Head Constable Tika Shrestha 
Date of incident: 10 June 2013
Place of incident: In front of Biratnagar Sub-metropolis City Office

I am writing to voice my deep concern regarding the incident police brutality on protestors and journalists which took place in the margin of a picketing movement organized by the Indigenous, Dalit, and Backward Class Coordination Struggle Committee in Biratnagar.

According to the information I have received from the Asian Human Rights commission, a protest had started on 9 June 2013 and was asking financial transparency and an inclusive allocation of the municipal budget for traditionally excluded groups. The protest had started on 9 June. After having put forward a thirteen-point demand with the Biratnagar Sub-metropolis City Office, the protesters had picketed the office for one hour from 10 to 11 am on the first day and were planning to hold a protest in the same place from 10 to 12 am the following day.

On 10 June, around 10 am, 50 to 60 protesters were peacefully singing slogans blocking the entrance to the City office when, without prior warning, the police charged the protesters, hitting them with lathis (sticks). The charge started as it was office opening hours, in order to open the door to the municipal office. About 25 police officers under the command of Sub Inspector of Police Gagendra Dhamala, from District Police Office, Morang took part in the assault. 60 to 70 staffs of the Sub-metropolitan City Office joined the assault. Five protesters and two journalists were injured in the clash.

Kaushal Niraula, a correspondent of Terai Television and Makalu F.M Biratnagar was taking pictures of the protest and of the scuffle between the police and the demonstrators when angered staff from the city office attacked him and tried to seize his camera. He was punched on the mouth who was cut under the shock. Brahmadev Yadav, his colleague and a correspondent of Popular FM, Sunsari and Nepal Patra, Kathmandu tried to help him but was beaten by the police on his back and his legs with a baton. Witnesses have reported hearing orders to target and attack the journalists.

One of the protesters, Dilip Saha, 50, chairperson of Nepal Backward Class Morang was attacked. Two police officers, Sub Inspector Mahendra Shrestha and Head Constable Tika Shrestha and one staff from the Sub-Metropolis, caught his hands and kicked his body with their police boots, punched him with their fists and struck him with lathis. He fell unconscious and was taken to Koshi Zonal Hospital for treatment where the doctors recommended him to do x-rays, which he could not as he did not have sufficient funds. He has been suffering from chest pain and taking medicine.

Kalpana Singh Gangai, 35 year old, shows wound and weal of stick and police boots on her
back and is currently receiving treatment. During the protest four women police officers came and caught her hands. They dragged her to the road and beat on her back twice. She is now suffering from back pain and has difficulty walking.

Surendra Mahato, 38, has a wound on his right hand that he got while protecting himself from lathi charge. He had been beaten up with lathi on his head, back, hand and others parts of his body. He had wounds on the forehead and head and bruised of lathi on back.

Dilip Sah, 45, has weals and abrasions from sticks on his back,

Arbindra Mandal, 28, also has bruising from police boots on his body.

Saraswoti Devi Chaudhari, 35, was assaulted by men and women Police officers. They beat her right arm with a lathi, pierced her forehead and back. She fell unconscious. She has taken medicine prescribed by a local doctor and has marks on her right arm, back and small marks on her forehead. Her whole body is aching due to the beating and she has nightmares about the incident.

Later that day, the protesters went to the district police office to complain about the incident but the Deputy Superintendent of DSP Dipak Pokharel ordered them out of his office. Following that the Chief of the Sub Metropolis called the protesters for a dialogue and apologized for the incident.

The Federation of Nepalese Journalist, Morang branch issued a press release condemning the police charge on peaceful protestors and journalists.

I join my voice to that of the FNJ to condemn the incidents of violence on peaceful protesters and journalists. I urge you to ensure that an impartial investigation is conducted to cast light over the circumstances of this assault and those found responsible for it be brought to justice. Please ensure that the victims have access to full and free medical treatment.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1.Mr. Khil Raj Regmi
Chairman
Council of Minister
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Madhav Prasad Ghimire
Minister
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232

3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org

4. Attorney General of Nepal
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@attorneygeneraal.gov.np

5. Mr. Kuber Singh Rana
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

6. Mr. Bishwa Adhikari
Deputy Superintendent of Police 
Police Human Rights Cell 
Nepal Police, Naxal, Kathmandu 
NEPAL 
Fax: +977 1 4415593 
Tel: +977 1 4411618 
E-mail: hrcell@nepalpolice.gov.np

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-088-2013
Countries : Nepal,
Issues : Freedom of assembly, Police violence,