NEPAL: An alleged serious assault of a political activist by Maoists in Bhojpur district

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-099-2008
ISSUES: Enforced disappearances and abductions, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to bring your notice the cases of abduction and a serious assault which has not yet been adequately investigated and in which no perpetrators have been arrested. The incident appears to be connected with a political dispute between two area groups of the CPN-M, popularly known as the Maoists and the Communist Party of Nepal -Unified Marxist and Leninist (CPN-UML), arising from the alleged forcible acquisition of land. At the moment Nepal is facing a period of transition from a long civil war and is struggling to establish the institutions of the state. Even under these circumstances to the right to security of all persons need to be guaranteed under a properly functioning criminal justice system. The civil disputes need to be brought to a dispute settlement system. It will not be for the benefit of the Nepalese people to allow further abuses of rights by any of the political parties taking the law into their own hands.

CASE DETAILS:

The AHRC has received information about an assault on Ram Singh Rai, allegedly over a dispute regarding the abduction of Kedar Karki by Pushpa Chamlagai (alias Biswas). It is alleged that when inquiries were made of Pushpa Chamlagai, Ram Singh Rai was assaulted by a group of men from Pushpa Chamlagai’s political party. The assault was reported to the police who took Ram Singh Rai to a district hospital. The victim was later transferred to a hospital in Katmandu and it is reported that he required five stitches in the head and suffered a fracture in his left hand, left wrist, and the shin bones of both legs and three bones in other parts of his body. He is also receiving a series of treatments for his lungs which were damaged to the assault (Please see the victim’s photos: photo 1, photo 2and photo 3).

According to reports the dispute relates to political matters of two groups in the areas, the Communist Party of Nepal -Unified Marxist and Leninist (CPN-UML) and the Communist Party of Nepal–Maoist (CPN-M). It is alleged that the CPN-M members in the area abducted Kedar Karki who is said to be an activist of the CPN-UML. On May 9, Kedar Karki was released and the CPN-M in Bhojpur district has denied that its members abducted him. The abduction and assault was reported to be linked to a land dispute which appears, in turn, to relate allegedly to forcible acquisition of the land of Mukunda Basnet and Dambar Besnet who are said to be landlords in the village. According to reports, in 2004 the lands were taken by CPN-M in the area with also some valuable trees, the materials of which are used for the making of necklaces, rings and the like.

The issues of human rights involved are, first of all the alleged abduction of Kedar Karki and the assault on Ram Singh Rai. A further issue is the absence of adequate inquiries to bring the perpetrators to justice. Yet a further issue is the alleged forceful acquisition of the property of Mukunda Basnet and Dambar Besnet.

The Nepalese at the movement are facing the problems of political transition following the elections of April 10. The majority in the parliament is held by the CPN-M.

The formation of the government and establishment of the rule of law are urgent matters that need to be addressed in order to ensure stability for the people of Nepal and in order to deal with criminal and civil disputes within the framework of the rule of law. Like several other countries Nepal had been through a long period of civil war. Such periods naturally result in complete displacement of all institutions that normally guarantee inquiries into crimes and the framework for the settlement of civil disputes. At the moment policing in all part of the country is in very poor condition and the policing in areas which were formally held by the CPN-M are still under the control of the same political party. In this situation obtaining justice has become difficult for everyone and particularly for those who are considered political opponents of that party.

The AHRC understands the difficulties involved in this period of transition from a long civil war. However, guaranteeing justice and the prevention of political assaults by any political groups against another are urgent problems that need to be dealt. Therefore we urge the government of Nepal and also the CPN-M which is now an elected party in the parliament to take steps to ensure justice to the victims mentioned in this case and also to find ways to deal with the land issue mentioned above.

SUGGESTED ACTION:
Please write to the concerned authorities listed below and express your serious concern about this case. Please urge them to immediately inquire this matter and bring those responsible to justice.

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

SAMPLE LETTER

Dear _________,

NEPAL: An alleged serious assault of one political activist by Maoists in Bhojpur district

Name of victims: 
1. Mr. Ram singh Rai, aged 42, the coordinator of the Communist Party-Unified Maxist and Leninist (CPN-UML) Bhojpur District Committee, the permanent resident of Dilpa village Development Committee (VDC), ward number 4, Bhojpur district, Nepal (severely injured)
2. Kedar Karki, an activist of CPN-UML in Bhojpur district, Nepal (allegedly abducted by the YCL members)
Persons allegedly responsible for the assault: 
1. Pushpa Chamlagai (alias Biswas), a member of the Communist Party-Maoist (CPN-M) Bhojpur District Committee
2. About 16 other members of Young Communist League (YCL), the youth group affiliated to the CPN-M in Bhojpur district, Nepal  
Date of incident: In the morning of 29 April 2008
Place of incident: Contact office of Young Communist League (YCL) in Kulung VDC-3, Bhojpur district, Nepal

I am writing to seek your kind intervention to enable investigations into the alleged assaults on Ram Singh Rai and the alleged abduction of Kedar Karki. The injuries shown in the photographs on Ram Singh Rai indicate a very serious assault. Besides this the abduction of any person is also a very serious crime. I understand that under the present circumstances inquiries into these matters have not been adequate and not in keeping with the constitutional rights of the two victims. Nepal is also a signatory to the ICCPR and other UN conventions. It is the obligation of the state to provide for security of persons and also to investigate into all crimes.

I also understand that Nepal is facing a period of political transitions and that the rule of law framework in the country is very fragile. It particularly appears that in the areas which were formally under the control of the CPN-M the policing system still remains under the control of this party and that adequate safeguards are not available for the people. I therefore urge for immediate inquiries into this incident and to bring the perpetrators to justice.

The CPN-M is now an elected party in the parliament and therefore I urge it to take an active stance in order to establish the rule of law in the country. It is the duty of the leadership of the party to inquire into this matter on their own besides whatever inquiries the state conducts through its investigating agencies.

As the incidents of abduction and assault are reported to be related to a land dispute, particularly relating to the distribution of lands belonging to former landlords the issue must receive the highest consideration of the new parliament which should develop a legal framework within which land reforms can be assured which respects the rights of everyone including that of the landlords.

Yours sincerely,

——————–
PLEASE SEND YOUR LETTERS TO:

1. Mr. Yagya Murti Banjade 
Attorney General 
Office of Attorney General
Ramshahpath
Kathmandu 
NEPAL
Fax: +977 1 4262582 
E-mail: attorney@mos.com.np

2. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Tel: +977 1 4412432 (Secretary to IGP)
Fax: +977 1 4415593 
E-mail: ranaob@nepalpolice.gov.np or info@nepalpolice.gov.np

3. Mr. Krishna Sitaula 
Home Minister
Ministry of Home Affairs
Singha Darbar, Kathmandu
NEPAL
Fax: +977 1 4211232

4. Mr. Kedar Nath Upadhaya
Chairperson 
National Human Rights Commission 
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

5. Chairperson Puspakamal Dahal (Prachanda)
CPN- Maoist Party
Kathmandu, Nepal
Tel: +977 1 4784045
E-mail: maobadi_soochanaburo@yahoo.com 

6. Mr. Krishna Bahadur Mahara
Minister for Information and Communication
Singh Durbar, Kathmandu
Nepal
Tel: +977 1 4228333
Fax: +977 1 4266400
E-mail: moichmg@ntc.net.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-099-2008
Countries : Nepal,
Issues : Enforced disappearances and abductions, Police violence,