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NEPAL: Mentally deficient woman allegedly assaulted and raped by an army officer

January 5, 2007

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ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Urgent Appeal

5 January 2007
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UA-005-2007: NEPAL: Mentally deficient woman allegedly assaulted and raped by an army officer

NEPAL: Rape; violation against women; improper investigation; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by the Advocacy Forum, a local human rights organization in Nepal, of the alleged rape of a mentally deficient woman by an army officer in Kavreplanchowk district, Nepal on 23 December 2006. We were also informed that for four days since the incident, army officers including the army colonel and the Deputy Superintendent of Police (DSP) of the District Police Office (DPO) allegedly attempted to settle the case by offering the money to the victim's family. Moreover, the DPO initially refused to register the case and even after the case was registered the alleged perpetrator has not been handed over to police custody and remains the custody of the army in violation of the law.

CASE DETAILS:

Purna B.K. (name changed to safeguard the victim's identity) who is a 40-year-old mentally deficient woman, resides at ward no. 9, Kavre Village Development Committee (VDC), Kavreplanchowk district, Nepal. On 23 December 2006, she was allegedly raped at her house by Mr. Bhakta Bahadur Shahi, a member of the Rudradhoj Battalion Dhulikhel, Kavreplanchowk district. The battalion was stationed in the area to provide security to a telephone transmission tower at Devisthan, Kavreplanchowk district.

At 1:00pm on December 23, Bhakta Bahadur came to the victim's home to ask for water, while her younger brother, sister-in-law and her niece were at home. Bhakta Bahadur said that he was an army man attached to the Devisthan Telephone Transmission Tower and after a while he left the house along with the victim's younger brother, who was going to Kathmandu.

Unexpectedly, at about 2:30 pm, Bhakta Bahadur returned to the victim's house and wanted to buy the maize that her sister-in-law was baking. He talked with her sister-in-law for some time and the left the place. Then, her sister-in-law went to buy some goods at a nearby local market leaving the victim and her 5-year-old niece at home.

At about 3:30 pm Ms. Purna went out to use a toilet when all of a sudden Bhakta Bahadur approached.  He caught her both hands and tried to forcibly take her with him saying that he had some work with her. She sat on the ground screaming and struggled to get away from him but failed. Bhakta Bahadur then punched the victim on the chin, dragged her in a nearby jungle and raped her. There were cuts and bruises on her back from being dragged by him.

The victim said,
"I lost my consciousness and didn't know anything for a moment what was going on. But, after a while, I regained my consciousness and found myself lying on the ground stripped naked and the army man was moving over my body. I screamed to avoid rape but he didn't leave me. At the mean time, some people ran towards me crying and then only he fled the scene…" 

The victim told the entire incident to her sister-in-law immediately after she had arrived at home.

For two days on December 24 and 25, several army personnel came to the victim's house and tried to persuade her brother to settle the case. They even offered him money and asked him not to report the incident. However the victim's brother refused to accept the bribe.

In the evening of December 26, the victim was taken to Seer Memorial Hospital Dhulikhel with the financial support of the Advocacy Forum for a medical check up. However the doctors could not do it in a proper way as there was no specialist qualified to conduct an examination of a rape victim.

The Obstacles Created to Register First Information Report (FIR)

On December 26, the victim's family went to lodge the FIR at District Police Office (DPO) of Kavrepalanchowk but the police refused to accept their report.

On December 27, Kopila Adhikari, an advocate from the Advocacy Forum, went to DPO along with the family members to register the FIR again but the army colonel namely Sudarshan Silwal of Rudradhoj Battalion and DSP Mahendra Pokhrel of the same DPO allegedly created obstacles while registering the FIR.

The army colonel Sudarshan Silwal tried to convince the victim’s brother not to register the FIR. The said colonel even told the brother that he could make the victim's brother satisfied if he had informed the incident to him on that day of the incident. The colonel further said,

"It is better to make compromise rather than going for the legal process. I suspended the army man from his job and kept him in army custody yesterday evening after I had learnt that he had done a mistake. We will give time to the family members to think about the incident before registering FIR to the DPO."

Similarly, the DSP Mahendra Pokharel also told the family members to think before registering the case and not to listen to whatever the lawyers said. However, the Advocate Kopila Adhikari told them that she came to the DPO along with the family members to provide her legal advice and support because the victim herself reported the entire incident and asked for legal support to her organization.

She also argued with the said colonel as to why he wanted to cover up the incident although he himself admitted that the incident actually took place and he had suspended the rapist and detained him in the army custody. After a long discussion, on December 27, the FIR under rape charge was finally registered at the DPO of Kavrepalanchowk (FIR no. 25). 

The army colonel Sudarshan Rijal assured them that he would transfer the alleged rapist Bhakta Bahadur to the DOP by December 28. However, even after the case has been registered, the Bhakta Bahadur is still in the army custody in direct violation of law.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and express your concern about this serious case. Please urge them to ensure that the police conduct a proper and speedy investigation into the incident without any interference from state officials. Please also urge them to ensure that the alleged rapist is immediately transferred into police custody and proper legal action is taken against him. Please also ask them to inquire about the alleged attempt to cover up the incident by the army officials.  

To support this appeal, please click:

Sample letter:

Dear __________,

NEPAL: Mentally deficient woman allegedly assaulted and raped by an army officer

Name of victim: Purna B.K. (name changed to safeguard her identity); aged 40; mentally deficient; resides at ward no. 9 of Kavre Village Development Committee, Kavreplanchowk district, Nepal
Name of alleged perpetrators:
1. Mr. Bhakta Bahadur Shahi; the member of Rudradhoj Battalion Dhulikhel, Kavreplanchowk district
2. Mr. Sudarshan Silwal; the army colonel of Rudradhoj Battalion, Kavreplanchowk district
3. Mr. Mahendra Pokhrel; deputy Superintendent of Police, District Police Office, Kavreplanchowk district
Date of incident: 23 December 2006
Place of incident: the victim's house at Kavre VDC

I am writing to you to express my deep concern regarding the alleged rape of mentally deficient woman Purna B.K. (name changed to safeguard her identity) by Mr. Bhakta Bahadur Shahi, the member of Rudradhoj Battalion Dhulikhel on 23 December 2006.

I was informed that the alleged rapist visited the victim's house twice prior to the incident on December 23 and waited until the victim was alone at home. When she was finally left home with her 5-year-old niece, Bhakta Bahadur allegedly sneaked into the victim's house and forcibly raped her at about 3:30pm when she came out from the toilet nearby home. The victim was bruised on her back while she was dragged in a nearby jungle by Bhakta Bahadur. 

The victim testified; 
"I lost my consciousness and didn’t know anything for a moment what was going on. But, after a while, I regained my consciousness and found myself lying on the ground stripped naked and the army man was moving over my body. I screamed to avoid rape but he didn't leave me. At the mean time, some people ran towards me crying and then only he fled the scene…" 

I also want to draw your attention about the alleged attempt of covering up the incident by several army officials. I was informed that on December 24, an army man looked for the victim's mother at the victim's house and on the following day other three army personnel came to the victim's house again and to try to settle the case by offering the money to the victim's family. 

I am also gravely concerned by the lack of the impartiality of the police investigation into this case. I was informed that the police refused to register the First Information Report (FIR) when the victim's family went to file a complaint at the District Police Office of Kavrepalanchowk on December 26. I was further informed that on December 27, when the family went back to the DPO with an advocate to lodge the complaint again, the army colonel Sudarshan Silwal and Deputy Superintendent of Police (DSP) Nahendra Pokhrel allegedly tried to persuade the family to settle the matter without resorting to legal process. The family's complaint of the rape was finally registered on December 27 at the DPO of Kavrepalanchowk due to their constant requests (Ref. no: FIR no. 25). I was also informed that even after the FIR was registered at the DPO, the alleged rapist has not been transferred into police custody and remains in the army custody in violation of law to date.

Such military army and police behaviour apparently tolerate brutal violence including rape against women which would accelerate the impunity and corruption within the army and the police in Nepal.

I therefore request you to ensure that: 

1. The alleged rapist is immediately handed over him to the police for the investigation.
2. The police conduct a thorough and impartial investigation into this case according to the Civil Code and State Case Act (2049). Section (66) of the new Military Act (2063) also states that the rape committed by the army personnel should be brought to the civil court without any delay. DSP Mahendra Pokhrel should not be included in investigating process considering his earlier attitude about the case. 
3. A proper inquiry is conducted into the alleged attempt to cover up the incident by several army officials including the army colonel Sudarshan Silwal and take proper action against them.
4. An inquiry must be conducted into the alleged refusal of registering the victim's family's complaints by the DPO of Kavrepalanchowk and take action against those responsible including the DSP Mahendra Pokhrel.
5. A competent counselor is present together with the victim during the police investigation considering the fact that the victim has a mental disability and that a medical expert for rape is also engaged in the investigation process.
6. The victim is adequately compensated. 

I trust that you immediately take a prompt action in this case.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

1. Prime Minister Girija Prasad Koirala
Prime Minister's office
Singha Durbar
Kathmandu
NEPAL
Fax: + 977 142 27286

2. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np 

3. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com 

4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org/ nhrc@nhrcnepal.org 

5. Army Chief
Nepal Army (Central Office-army chief)
Army Headquarter, Bhadrakali, Kathmandu, Nepal
Post Box No: 9800
Fax: +977 1-424 2168

6. Head of Army Human Rights Cell
Army HR Cell 
Army Headquarter, Bhadrakali, Kathmandu, Nepal
Human Rights Cell, Nepal Army
Fax: +977 1-424 5020
Email: humanrights@nepalarmy.mil.np 

7. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np  

8. Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Email: hrcell@nepalpolice.gov.np 
 
9. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-005-2007
Countries :
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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.