NEPAL: Drunken police demand bribe and shoot Tamang dead

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-118-2014
ISSUES: Extrajudicial killings, Impunity, Indigenous people, Police violence, Right to life, Rule of law, Threats and intimidation,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Forum for Protection of People’s Rights Nepal (PPR Nepal) that police officers from the Vacchek Police Station, Gorkha District, under the command of ASI Govinda Acharya, threatened villagers from Simjung Village Development Committee and demanded a bribe, failing to secure which the officers opened fire on the villagers. One of the stray bullets hit Mr. Lakpa Tamang, who was watching the happenings from his house. Mr. Lakpa, who had been undergoing treatment at Bir hospital in Kathmandu, died yesterday. The AHRC would like to reiterate that police brutality is the major threat to the lives of Nepali citizens today. 

CASE NARRATIVE:

Simjung Village Development Committee (VDC) Ward Number 6 of Gorkha district is located in the northern reaches of Nepal, a place where, primarily, the indigenous Tamang community resides. 

On 14 August 2014, seven policemen under the command of Assistant Sub-Inspector (ASI) Govinda Acharya of Vacchek Police Station arrived at Simjung VDC. The policemen accused the villagers of killing cow/oxen for meat, drinking heavily, and destroying the village peace. The police told them that they had received a verbal complaint at the police station, so they had arrived to investigate the matter. 

According to the villagers, the police demanded a bribe of NRs. 15,000 to stop the investigation and settle the case. Villagers refuted the accusations made and refused to give money to the police.

AHRC has learned that the police had consumed alcohol, and were inebriated. 

The stand off between the villagers and police then escalated. Ultimately, the police opened fire. The police fired three bullets. Out of the three bullets, one hit Mr. Lakpa Tamang, 62-years-old, who was sitting in the front yard of his house. Mr. Tamang was watching the interaction between the police and the villagers from his house, located lower down the hill. 

According to the victim, when the police opened fire, the first bullet went up in the air and it was the second one that hit him. It pierced his lower abdomen and exited his left thigh. Mr. Tamang was immediately taken to Kathmandu for treatment following the incident. However, on 18 August, at Bir Hospital, he succumbed to his bullet wound.

On the same day, after the incident, District Chief of the Police Mr. Ramesh Thapa went to the place of incident to inspect the situation, along with 35 police personnel. The police from the district headquarters also reached there the next morning. 

The whole community is in a state of terror; they fear that the police might repeat such firing, and might resort to torture and ill treatment. The villagers have been demanding resignation of the District Superintendent of Police (DSP) Ramesh Thapa and Chief District Officer (CDO) Bed Prasad Kharel.

Therefore the AHRC urges the government of Nepal to intervene and take immediate action on the allegation of police extortion and violence. If, prima facie, the allegations hold up, the police officers should immediately be suspended for the period of investigation, to limit their ability to meddle with the investigation process. The police officers– especially the officer that gave the shooting order – must be brought to justice. We further urge the government to provide security to the villagers, and compensation for the damage done.

SUGGESTED ACTION:

Please send letters to authorities listed below, expressing concern about this alleged act of police extortion and killing, requesting immediate intervention. The officers involved must be subject to investigation and the guilty must be prosecuted. The government should ensure safety of the villagers.

The Asian Human Rights Commission has written a separate letter to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions requesting his intervention in this case.

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

SAMPLE LETTER

Dear ……………….,

NEPAL: Drunken police demand bribe and shoot Tamang dead

Name of victims: Lakpa Tamang & villagers of Simjung VDC-6
Names of alleged perpetrators: ASI Govinda Acharya and Police Officers from Vacchek Police Station, Gorkha District, Nepal
Date of incident: 14 August to present
Place of incident: Simjung VDC, Gorkha District, Nepal

I have received information that police officers from the Vacchek Police Station, Gorkha District, under the command of ASI Govinda Acharya, threatened villagers from Simjung Village Development Committee and demanded a bribe, failing to secure which the officers opened fire on the villagers.

Simjung Village Development Committee (VDC) Ward Number 6 of Gorkha district is located in the northern reaches of Nepal, a place where, primarily, the indigenous Tamang community resides. 

On 14 August 2014, seven policemen under the command of Assistant Sub-Inspector (ASI) Govinda Acharya of Vacchek Police Station arrived at Simjung VDC. The policemen accused the villagers of killing cow/oxen for meat, drinking heavily, and destroying the village peace. The police told them that they had received a verbal complaint at the police station, so they had arrived to investigate the matter. 

I have received information that the police demanded a bribe of NRs. 15,000 to stop the investigation and settle the case. Villagers refuted the accusations made and refused to give money to the police.

I have been informed that the police had consumed alcohol, and were inebriated. 

The standoff between the villagers and police then escalated. Ultimately, the police opened fire. The police fired three bullets. Out of the three bullets, one hit Mr. Lakpa Tamang, 62-years-old, who was sitting in the front yard of his house. Mr. Tamang was watching the interaction between the police and the villagers from his house, located lower down the hill. 

I know that when the police opened fire, the first bullet went up in the air and it was the second one that hit him. It pierced his lower abdomen and exited his left thigh. Mr. Tamang was immediately taken to Kathmandu for treatment following the incident. However, on 18 August, at Bir Hospital, he succumbed to his bullet wound.

On the same day, after the incident, District Chief of the Police Mr. Ramesh Thapa went to the place of incident to inspect the situation, along with 35 police personnel. The police from the district headquarters also reached there the next morning. 

The whole community is in a state of terror; they fear that the police might repeat such firing, and might resort to torture and ill treatment. The villagers have been demanding resignation of the District Superintendent of Police (DSP) Ramesh Thapa and Chief District Officer (CDO) Bed Prasad Kharel.

I therefore urge the government of Nepal to intervene and take immediate action on the allegation of police extortion and violence. If, prima facie, the allegations hold up, the police officers should immediately be suspended for the period of investigation, to limit their ability to meddle with the investigation process. The police officers– especially the officer that gave the shooting order – must be brought to justice. I demand before the government of Nepal to provide security to the villagers, and compensation for the damage done.

I look forward to your immediate attention in this matter.

Yours Sincerely,

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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. Bed Prasad Bhattarai
Acting Secretary
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)