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NEPAL: Killing of a young man due to inter-caste love affair yet to be properly investigated five months on

June 19, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-104-2012

19 June 2012
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NEPAL: Killing of a young man due to inter-caste love affair yet to be properly investigated five months on

ISSUES: Caste-based discrimination
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Jagaran Media Center that a 21-year-old man from the Dalit community of Pansera VDC, Siraha District was allegedly poisoned by the relatives of a non-Dalit woman who he was having a love affair with. Initially, the police sided with the perpetrators and tried to suppress the case. They refused to register the complaint made by the victim's family, forced the victim's father to put his fingerprints on a report they had prepared without letting him see the content and did not provide the death certificate to the family. Following pressure by civil society, a First Information Report on the case was registered in February, but a thorough investigation was not initiated. The case was brought to the attention of the Prime Minister who committed to provide interim relief to the family and promised that a proper investigation would be conducted in the case. Victims of human rights violations belonging to the Dalit community have a very limited access to justice. Reluctance from the police to investigate such cases and to provide the victims with protection has allowed caste-motivated violence to go unchecked in Nepal.

CASE NARRATIVE:

According to information we have received from the Jagaran Media Center (JMC), Shiva Shankar Das, 21, had a love affair with a 20-year-old woman belonging to a so-called "upper-caste" community. Both Mr. Das and the woman reside in Pansera VDC of Siraha District. The relationship was known to the whole village. The girl's family sternly opposed the relationship, which challenged the strict social barriers of caste.

On January 29, the girl's brothers threatened Shiva, demanding that he bring the relationship to an end or to "prepare everything for his funeral". According to Shiva's family, on January 30, Shiva was beaten up by seven of the girl's relatives; Jitendra Chaudhari, Devakanta Chaudhari,Shankar Chaudhari, Prathan Lal Chaudari, Bankar Chaudhari, Dilip Chaudhari, and Sundar Kumar Chaudhari. Shiva sustained numerous scars and bruises from the attack.

Later that day, Shiva went to meet with the girl to get his phone, which had been taken by the girl's relatives. He was healthy at the time. He came back home around 8.30 pm crawling on his hands and knees, and told his family that he had been poisoned by the Chaudhari family. He vomited twice while narrating the event. He was taken to the Nursing Home at Lahan for treatment. The Nursing Home referred him to BP Koirala Institute of Health Science Dharan where doctors announced his death the next day.

The initial local police officers reaction to the case has been highly problematic and suggests that they have been attempting to cover up the case, protecting the perpetrators. Collusion between the police and the perpetrators typically happens in cases of caste-motivated violence and prevents the victims from benefiting from the protection of the law.

A death certificate specifying the victim's cause of death was provided to the police instead of the victim's family. We are informed that the police did not give the death certificate to the victim’s family at any time. In addition, the doctors prepared a postmortem report, but the victim’s family did not see its content. Requests by human rights organizations to see the postmortem report have yielded no result.

Immediately after Shiva's death, his parents contacted the police about the case, but the police failed to return their call until almost 8 hours later. Inspector Pradhumn Adhikari from the area police office, Kalyanpur VDC, Saptari District refused to file the family's complaint and without conducting a thorough investigation into the case, alleged that the victim had committed suicide instead. As per the State Cases Act, the police have an obligation to register and investigate every First Information Report brought before them.

The police then allegedly prepared a report but did not allow the family to see its content. Instead, the police forced Das' father to mark his fingerprints on the police report without being able to see its content and without it being read to him. They threatened to thrown him into jail if he did not comply with their demands. After the initial rejection of the case, the victim's family sent their First Information Report to the Chief District Officer and the District Police Office, Saptari.

Dalit civil society led a campaign protesting the police's rejection of the case, and eventually the case was registered on 26 February 2012 in the Kalyanpur area police office in the name of the seven Chaudhari family members quoted above. In spite of that step being taken, however, no investigation has been launched.

The victim's father continues to fight for justice, with the support of Dalit NGOs.

Five members of the Women, Children and Social Welfare Committee, a subcommittee to study and find solutions to the caste based discrimination and untouchability experienced by Dalit communities within the Legislative Parliament,conducted a fact-finding mission in the VDC, under the leadership of the subcommittee chairman Binod Pahadi. The team met with the victims, the Chief District Officer (CDO), the district police chief, district's attorney and the SSP of Armed Police Forced and the team leader shared that the preliminary report concluded that the victim had in fact, been murdered.

In spite of those efforts, the police investigation has been slow and the victim's father has now come to Kathmandu to seek justice. Several Dalit civil society organizations, including JMC and the Dalit NGOs Federation, have coordinated their efforts to call for the investigation of the case, and the prosecution of the perpetrators of this crime..

Shiva's family has also registered a case with the National Human Rights Commission, and brought the case to the attention of the National Dalit Commission. On June 12, a memorandum was submitted to the Prime Minister who promised that the perpetrators would be taken into custody and that the victim's family would be provided with interim relief. He also promised that a committee formed under the Prime Minister Office to monitor cases of untouchability and caste-based discrimination would be formed.

ADDITIONAL INFORMATION:

The Prime Minister's verbal commitment to provide justice to the victim is welcomed. Nevertheless, the AHRC remains concerned that the investigations into cases of caste-based violence are typically slow, biased and liable to interference by the perpetrators of caste-based crimes. Indeed, victims of caste-based violence are often exposed to threats and intimidation from the perpetrators. A report released by the Office for the High Commissioner for Human Rights in Nepal on Access to Justice for Dalits in Nepal identified major challenges which hampered the access to justice for the Dalit community and restricted the prosecution of cases of caste-based violence, allowing discrimination against the Dalit community to go unabated. This includes considering caste-based discrimination and untouchability as a social issue rather than as a crime. As such, these instances of discrimination fall beyond the police's scope of duties, and cases often disappear in legal loopholes. The report also denounced the routine refusal of the police to file FIR, which encourages the victims to find a mediated compromise and means that the failure of the police to ensure the protection of victims and witnesses are routine.

Victims of caste-based discrimination often found themselves in an unequal relationship in relation to their perpetrators, since they belong to a more economically and socially vulnerable community with less power to influence the course of the investigation. By contrast, instances in which the perpetrators collude with the police are numerous, as illustrated in this case by the police's refusal to file an FIR, investigate the case and by the pressure the police placed on the victim's family to fingerprint a report without being shown or read its content.

Without the support of civil society and campaigns which aim to mount pressure on the authorities encouraging the state to take steps to ensure justice, Dalit victims of human rights violations would have little chance of having their cases investigated, let alone prosecuted successfully. Moreover, they would remain exposed to threats and retaliations from the perpetrators.

The Prime Minister's welcomed commitment should be translated into concrete action with a thorough, credible and impartial investigation conducted into the allegations of poisoning immediately. Additionally, protection should be granted to the victim's family for the entirety of the investigation and subsequent judicial process. A separate investigation should be launched into the allegations of police obstruction to the family's quest for justice and sanctions must be taken against those found responsible. A necessary step to ensure the access to justice of the Dalit community is to hold law enforcement agencies accountable for failing to appropriately handle cases of caste-based discrimination.

SUGGESTED ACTION:
Please join us in demanding a thorough investigation in the circumstances of the death of Shiva Shankar Das, protection to the victim's family and action against the perpetrators.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear ___________,

NEPAL: Suspected case of poisoning following inter-caste love affair require legal redress

Name of victim: Shiva Shankar Das, 21, permanent resident of Pansera VDC of Siraha District
Date of incident: January 30, 2012
Place of incident: Pansera VDC, Siraha District

I am writing to voice my deep concern regarding the lack of investigation into the alleged death by poisoning of a 21 old man for having a love affair with a girl from another caste.

According to the information I have received from the Asian Human Rights Commission (AHRC), Shiva Shankar Das, 21, had a love affair with a 20-year-old woman belonging to a so-called "upper-caste" community. Both Mr. Das and the woman reside in Pansera VDC of Siraha District. The relationship was known to the whole village. The girl's family sternly opposed the relationship, which challenged the strict social barriers of caste.

On January 29, the girl's brothers threatened Shiva, demanding that he bring the relationship to an end or to "prepare everything for his funeral". According to Shiva's family, on January 30, Shiva was beaten up by seven of the girl's relatives; Jitendra Chaudhari, Devakanta Chaudhari,Shankar Chaudhari, Prathan Lal Chaudari, Bankar Chaudhari, Dilip Chaudhari, and Sundar Kumar Chaudhari. Shiva sustained numerous scars and bruises from the attack.

Later that day, Shiva went to meet with the girl to get his phone, which had been taken by the girl's relatives. He was healthy at the time. He came back home around 8.30 pm crawling on his hands and knees, and told his family that he had been poisoned by the Chaudhari family. He vomited twice while narrating the event. He was taken to the Nursing Home at Lahan for treatment. The Nursing Home referred him to BP Koirala Institute of Health Science Dharan where doctors announced his death the next day.

I am informed that a death certificate specifying the victim's cause of death was provided to the police instead of the victim’s family. I am informed that the police did not give the death certificate to the victim's family at any time. In addition, the doctors prepared a postmortem report, but the victim’s family did not see its content. Requests by human rights organizations to see the postmortem report have yielded no result.

Immediately after Shiva's death, his parents contacted the police about the case, but the police failed to return their call until almost 8 hours later. Inspector Pradhumn Adhikari from the area police office, Kalyanpur VDC, Saptari District refused to file the family's complaint and without conducting a thorough investigation into the case, alleged that the victim had committed suicide instead. As per the State Cases Act, the police has an obligation to register and investigate every First Information Report brought before them.

The police then allegedly prepared a report but did not allow the family to see its content. Instead, the police forced Das' father to mark his fingerprints on the police report without being able to see its content and without it being read to him. They threatened to thrown him into jail if he did not comply with their demands. After the initial rejection of the case, the victim's family sent their First Information Report to the Chief District Officer and the District Police Office, Saptari.

Dalit civil society led a campaign protesting the police's rejection of the case, and eventually the case was registered on 26 February 2012 in the Kalyanpur area police office in the name of the seven Chaudhari family members quoted above. In spite of that step being taken, however, no investigation has been launched.

I am informed that the victim's father continues to fight for justice, with the support of Dalit NGOs.

Five members of the Women, Children and Social Welfare Committee, a subcommittee to study and find solutions to the caste based discrimination and untouchability experienced by Dalit communities within the Legislative Parliament,conducted a fact-finding mission in the VDC, under the leadership of the subcommittee chairman Binod Pahadi. The team met with the victims, the Chief District Officer (CDO), the district police chief, district's attorney and the SSP of Armed Police Forced and the team leader shared that the preliminary report concluded that the victim had in fact, been murdered.

I am concerned that in spite of those efforts, the police investigation has been slow and the victim's father has now come to Kathmandu to seek justice. Several Dalit civil society organizations, including JMC and the Dalit NGOs Federation, have coordinated their efforts to call for the investigation of the case, and the prosecution of the perpetrators of this crime..

Shiva's family has also registered a case with the National Human Rights Commission, and brought the case to the attention of the National Dalit Commission. On June 12, a memorandum was submitted to the Prime Minister who promised that the perpetrators would be taken into custody and that the victim's family would be provided with interim relief. He also promised that a committee formed under the Prime Minister Office to monitor cases of untouchability and caste-based discrimination would be formed.

The Prime Minister's verbal commitment to provide justice to the victim is welcomed. I remain concerned that the investigations into cases of caste-based violence are typically slow, biased and liable to interference by the perpetrators of caste-based crimes.

Victims of caste-based discrimination often found themselves in an unequal relationship in relation to their perpetrators, since they belong to a more economically and socially vulnerable community with less power to influence the course of the investigation. By contrast, instances in which the perpetrators collude with the police are numerous, as illustrated in this case by the police's refusal to file an FIR, investigate the case and by the pressure the police placed on the victim's family to fingerprint a report without being shown or read its content.

Without the support of civil society and campaigns which aim to mount pressure on the authorities encouraging the state to take steps to ensure justice, Dalit victims of human rights violations would have little chance of having their cases investigated, let alone prosecuted successfully. Moreover, they would remain exposed to threats and retaliations from the perpetrators.

I renew my call for a thorough, credible and impartial investigation being immediately conducted in the allegations of poisoning and protection being granted to the victim's family during the whole length of the investigation and subsequent judicial process. I am of the opinion that a separate investigation should also be launched into the allegations of police obstruction to the family's quest for justice and sanctions must be taken against those found responsible. Only if law enforcement agencies are held accountable for failing to handle thoroughly cases of caste-based discrimination would access to justice of the Dalit community be secured.

I will continue to closely monitor the progress of the case.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. Rabindra Pratap Shah
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np

2. Rt. Hon. Dr. Baburam Bhattarai
Prime Minister of Nepal
Office of the Prime Minister and Council of Nepal
Singh Durbar
P.O. Box: 43312
Kathmandu
Nepal
Fax: +977 1 4211 086
Email: info@opmcm.gov.np,
bhattaraibaburam@gmail.com

3. Hon. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan, Pulchowk, Lalitpur, Nepal
G.P.O. Box: 9182, Kathmandu, Nepal
Tel.: 00977-(0)1-5010015 (Hunting Line)
Fax: 00977-(0)1-5547973
E-mail: nhrc@nhrcnepal.org
complaints@nhrcnepal.org

4. Mr. Mukti Narayan Pradhan
Office of Attorney General
Ramshah Path
Kathmandu, Bagmati
Nepal
Tel: 977-01-4240210 ,977-01-4262548, 977-01-4262394
Fax: 977-01-4262582, 977-01-4218051
Email: info@attorneygeneral.gov.np

5. Ms. Sushila Sirpali (Thakuri)
Chairperson
National Dalit Commission
Government of Nepal
Mid Baneshwor, Kathmandu, Nepal
P. O. Box: 13785, Kathmandu
Phone: +977-1-4473317, 4474336, 4479828, 4479019, 4479818
Fax: +977-1-4475989
Email: info@ndc.gov.np

6. Mr. Bijaya Kumar Gachchhadar
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-104-2012
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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.