NEPAL: Reporter targeted by the police for exposing brutal crackdown

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-092-2015
ISSUES: Fabrication of charges, Freedom of expression, Impunity, Police violence, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that the Nepal Police has clamped down on peaceful protesters at the Shree Ram Naresh Yadav Model Higher Secondary School, located at Dhakdhai 1, Rupandehi District. The incident occurred during an opinion collection drive for the draft constitution. Mr. Salman Khan, a news reporter has been targeted by the police for exposing the brutal nature of police in online media, including Online News and Sanghu Weekly. Due to fear of arrest and possibility of being charged in fabricated cases, Salman has gone into hiding to escape police arrest.

CASE NARRATIVE:

The Terai Human Rights Defenders (THRD) Alliance has reported that when Constituent Assembly Member Abdul Rajjak Gadhi went to Shree Ram Naresh Model Higher Secondary School for collecting feedback on the draft constitution, Prasant Gupta from Terai Madesh National Campaign and a member from the Independent Madesh Initiative tore down the draft constitution and broke the microphone. 

A scene of police brutality at Dhakdhai VDC of Rupandehi District in Nepal

Seeing this, Police In-charge Purna Bahadur Malla, from the Area Police Office Dhakdhai, hit them. The Officer, who was wearing police boots, kicked them to their stomach and chest. After beating and injuring the duo with viscious intent, In-charge Purna Bahadur Malla emerged from the school and started charging others that were protesting peacefully outside the school premises. He used a bamboo stick to hit them. In response, there was a scuffle between the protesters and the police. During this scuffle, two protesters were seriously injured and fourteen sustained minor injuries. Some police officers were also injured when the youth retaliated.

The protesters became enraged at the violence of the police and began pelting stones. Subsequently, around 500 protesters burned down the Police Outpost at Dhakdhai. 

The police then chased the protesters for one kilometer, and then proceeded to thrash them. The police ended up beating innocent citizens in this process. They entered houses and beat everyone who they could lay their hands on.

Mr. Salman Khan, a reporter for Online Khabar and Sanghu Weekly, was taking pictures of these events and reporting live to these online media outlets. Salman exposed the police brutality. 

Incensed by these facts being disseminated by Salman, In-charge Purna Bahadur Malla has issued a circular in order that Salman be targeted and arrested. The AHRC has received information that the police are planning to arrest him at any cost and lodge fabricated charges against him.

The AHRC is deeply concerned that reporter Salman is being targeted by the police merely for doing his job. Exposing the police brutality is not a crime in Nepal, in the present or proposed constitution. 

The AHRC urges relevant stakeholders, including the government of Nepal, to act promptly, and stop the police from arresting Salman. Given the nature of violence used in custody, there is every chance Salman will suffer torture if he is apprehended by police personnel. 

The police officers, especially In-charge Purna Bahadur Malla, must be suspended until they are investigated for targeting the journalist. And, departmental action must be taken against the police officers involved in brutal crackdown. 

SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of police violence, and requesting immediate intervention. 

The AHRC has written a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.

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

SAMPLE LETTER

Dear……………..,

NEPAL: Reporter targeted by the police for exposing brutal crackdown 

Name of victim: Mr. Salman Khan (23), Ward 1, Padsari Village Development Committee (VDC), Rupandehi District, Nepal. 

Names of alleged perpetrators:
1. In-charge and Assistant Sub-Police Inspector Purna Bahadur Malla, Area Police Office Dhakdhai, Rupandehi District, Nepal.
2. Unidentified Police Officers, Area Police Office Dhakdhai, Rupandehi District, Nepal.

Date of incident: 22 July 2015 to present
Place of incident: Dhakdhai Village Development Committee (VDC), Rupandehi District, Nepal

I am writing to voice my deep concern regarding the Nepal Police clamp down on peaceful protesters at the Shree Ram Naresh Yadav Model Higher Secondary School, located at Dhakdhai 1, Rupandehi District. The incident occurred during an opinion collection drive for the draft constitution.

When Constituent Assembly Member Abdul Rajjak Gadhi went to Shree Ram Naresh Model Higher Secondary School for collecting feedback on the draft constitution, Prasant Gupta from Terai Madesh National Campaign and a member from the Independent Madesh Initiative tore down the draft constitution and broke the microphone. 

Seeing this, Police In-charge Purna Bahadur Malla, from the Area Police Office Dhakdhai, hit them. The Officer, who was wearing police boots, kicked them to their stomach and chest. After beating and injuring the duo with viscous intent, In-charge Purna Bahadur Malla emerged from the school and started charging others that were protesting peacefully outside the school premises. He used a bamboo stick to hit them. In response, there was a scuffle between the protesters and the police. During this scuffle, two protesters were seriously injured and fourteen sustained minor injuries. Some police officers were also injured when the youth retaliated.

The protesters became enraged at the violence of the police and began pelting stones. Subsequently, around 500 protesters burned down the Police Outpost at Dhakdhai. 

The police then chased the protesters for one kilometer, and then proceeded to thrash them. The police ended up beating innocent citizens in this process. They entered houses and beat everyone who they could lay their hands on.

Mr. Salman Khan, a reporter for Online Khabar and Sanghu Weekly, was taking pictures of these events and reporting live to these online media outlets. Salman exposed the police brutality. 

Incensed by these facts being disseminated by Salman, In-charge Purna Bahadur Malla has issued a circular in order that Salman be targeted and arrested. I have been informed that the police are planning to arrest him at any cost and lodge fabricated charges against him.

I am deeply concerned that reporter Salman is being targeted by the police merely for doing his job. Exposing the police brutality is not a crime in Nepal, in the present or proposed constitution. 

Therefore, I urge relevant stakeholders, including the government of Nepal, to act promptly, and stop the police from arresting Salman. Given the nature of violence used in custody, there is every chance Salman will suffer torture if he is apprehended by police personnel. 

The police officers, especially In-charge Purna Bahadur Malla, must be suspended until they are investigated for targeting the journalist. And, departmental action must be taken against the police officers involved in brutal crackdown. 

I look forward to your immediate attention in this matter.

Yours Sincerely,

……………….
PLEASE SEND YOUR LETTERS TO:

1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers 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. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. 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

4. Mr. Baburam Kunwar
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

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

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-092-2015
Countries : Nepal,
Issues : Fabrication of charges, Freedom of expression, Impunity, Police violence, Rule of law,