Home / News / Urgent Appeals / NEPAL: Four human rights abuse cases alleged done by Maoists

NEPAL: Four human rights abuse cases alleged done by Maoists

April 19, 2007

URGENT APPEAL URGENT APPEAL URGENT APPEAL URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Urgent Appeal

19 April 2007
------------------------------------
UA-134-2007: NEPAL: Four cases of alleged human rights abuse by Maoists 

NEPAL: Intimidation and threats; physical assaults
-----------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by a reliable source of four cases relating to intimidation and assaults allegedly committed by the Maoists. Details of each case are described below. At the present stage, the Communist Party of Nepal (Maoists) (CPN (M)) formally ended the armed conflict in the country on 21 November 2006 and entered into the 'Interim Legislature-Parliament' on 15 January 2007. Five ministers of the CPN (M) have been involved in the interim government since 1 April 2007. While the arrival of Maoists in the interim government marked the beginning of new era in Nepalese history, the AHRC is concerned that the trend of abductions, torture, collection of involuntary donations, and death threats by the Maoists are allegedly continuing. As the Maoists have officially become a party of the interim government, the interim government has the primary obligation to investigate those cases and bring the alleged perpetrators to justice. The AHRC also urges the Maoists in the interim government to put their effort in order to end such alleged violations committed by the Maoists and bring the peace in the country. 

CASE DETAILS:

Case 1:

Sarita (name changed to safeguard the victim's identity), a 13-year-old school girl of Baglung district, was allegedly accused of being a 'whore' and threatened to leave her home by her friend's relatives on 30 March 2007. They behaved inhumanely and mentally tortured her on various dates on the charge of not 'informing' them about a local girl's secret marriage with a local Dalit (untouchable) boy.

Sarita and Sindhu (name changed) were friends and preparing for the School Leaving Certificate examinations. Sarita had no clue about her friend Sindhu's affair with Raju BK, a local boy from so a called lower caste family. Sindhu eloped with Raju but Sarita was unaware of the event. On 30 March 2007, Sindhu's father and grandfather, who identified themselves as Maoists, visited Sarita and verbally abused her. They were in a rage as Sindhu had run away with a Dalit boy from the same locality. They then warned Sarita to leave her home immediately. They said that they would produce 'evidence' of her 'affairs' with a boy from the Dalit caste and would spoil her future prospects. Further, on April 1, a local named Rudra, allegedly a Maoist, came to the victim's home and labeled her a prostitute and threatened her to leave home immediately.  

At present she has left her home and has been staying at the house of a relative and is preparing for the SLC exams. Sarita's mother has expressed her concerns about the fate of her daughter. According to the mother the alleged perpetrators have warned of forcing them out their house and of turning it into a Maoist party office. She added that they also termed her a whore and warned that they would also bar her son from attending the examinations. Her husband is currently abroad for employment. It is reportedly that Sarita is suffering intense stress due to such continuous threats and harassments.

The AHRC demands an immediate and proper investigation into this case and urges the interim government of Nepal to provide effective security to the victim. The alleged perpetrator should be brought to justice as soon as possible.

Case 2:

Bir Bahadur (name changed to safeguard the victim's identity) is a 21-year-old man residing in Baglung district. He joined the Peoples' Liberation Army (PLA) on 1 June 2005 but deserted on 26 November 2006 along with a female cadre.

Since then, Maoist cadres have allegedly intimidated the victim on numerous occasions. They have allegedly told him that they will kill him if he fails of re-join them. However, the victim’s state of health is not sufficient for him to continue his service at the Maoists' camp and he is receiving traditional treatment for his worsening health at the house of a local shaman's house.

According to the victim, in the evening of 30 March 2007, he was returning home with the shaman when a group of Maoists were waiting him on the way. They took the victim to the Maoists' central leader, Dinanath Sharma's home nearby. His hands were tied behind his back and he was severely beaten for nearly one and half and hours. The victim was indiscriminately assaulted on his chest, back and legs. The victim finally fell unconscious due to excessive pain. However, when he gained his sense, he was again brutally assaulted. He was accused of deserting from the Maoists' military camp in Nawalparasi district.

The alleged perpetrators warned him not to complain of the incident and told him that they have obtained their high command's order to kill him if he did not follow their instructions. They also stole two gold rings belonging to the victim. We were informed that even now the victim is receiving threats to his life from the Maoists.

The AHRC demands an immediate investigation into this case and urges the interim government of Nepal to provide effective security to the victim and his family members. The alleged perpetrator should be brought to justice as soon as possible.

Case 3:

Mr. Nathu Yadav is a 40-year-old man residing at Pakharvindi Village Development Committee (VDC) ward no.3, Rupendehi district and is allegedly a Maoist. He has allegedly been threatening some local businessmen in Rupendehi district for long time. On the morning of 5 April 2007, he allegedly threatened some local businessman for donations at gunpoint. However, soon he was captured by the locals and beaten up with bamboo sticks at Piprahawa of Rayapur VDC, Rupendehi district.

On the same day, he was handed over to the District Police Office (DPO) of Rupendehi together with the gun. According to the local police authority, Mr. Yadav was found to have been involved in collecting donations in the past as well. The police authority said that they had warned him several times not to collect donations but that he didn't obey. The DPO Rupendehi has begun the investigation into this case.

The AHRC demands a speedy and impartial investigation into this case and urges the interim government of Nepal to bring the alleged perpetrator to justice as soon as possible.

CASE 4:

A businessman Mr. Shyam Sundar Sharda of Sharda Group of Industries was allegedly garlanded with shoes and marched around the city at Biratnagar of Sunsari district for about 20 minutes by workers, who allegedly belong to Maoist affiliated trade union, on 9 April 2007. He was captured by the workers in the morning on April 9, while he was trying to go to the District Police Office (DPO) of Sunsari district, to arrange a compromise with the workers as he had promised on the previous day.

According to Mr. Anil Sarada, the director of Sharada Group of Industries as well as the nephew of the victim, on April 4, the drivers of the company called a strike and stopped driving. He also said that on April 8, his brother Mr. Madhusudan Sarada had to go to Katihar in India for official work and as the drivers were on strike, he hired a driver from Jogbani, India for a short time. However, one company driver, Hari Kumar (name changed in the request of driver) later caught the Indian driver and interrogated him. The Indian driver reported the incident to his employer.

On the same day on April 8, the employer of the Indian driver, along with six others came to Sharada Group of Industries, caught Hari Kumar and took him towards Hatkhola of Sunsari district for interrogation. Hari Kumar was released after a while due to an intervention by the company.

However, in the meantime, some of the workers vandalized the company office at Biratnagar Municipality -6, Sunsari district, claiming that the company had prepared a plot to abduct the driver. Mr. Anil Sarada and his uncle Mr. Shyam Sundar Sarada fled from an office window and took shelter with the DPO of Sunsari. Some of the workers also went to the DPO of Sunsari and the two men agreed to come at DPO on the following morning to seek solutions with workers. 

At about 8:45am on the next day morning, as soon as Mr. Shyam Sundar Sarada left home to go to the DPO, he was caught by workers. They allegedly garlanded him with shoes and made him march the city for around 20 minutes. The security forces from DPO of Sunsari later dispersed the crowd and took the victim into their control. The victim was then hospitalized and now is discharged.

The AHRC demands a proper and impartial investigation into this case and urges the interim government of Nepal to provide effective remedies to the victim.


ADDITIONAL COMMENTS:

The Communist Party of Nepal (Maoists) has formally ended the armed conflict in the country on 21 November 2006 and entered into the 'Interim Legislature-Parliament' on 15 January 2007. Further on 1 April 2007, five ministers of CPN (M) were involved in oath taking ceremony before the interim legislature parliament. The arrival of Maoists in interim government since April 1 marked the beginning of new era in Nepalese history.

Meanwhile, the UN Mission in Nepal (UNMIN) completed its mandates of arms and combatant of Maoists verification on 19 February 2007. The Chief of the UNMIN, Mr. Ian Martin, submitted the report of registration of People's Liberation Army combatants and arms to the government and the Maoists on February 22. Weapons found after the registration of arms and combatant of Maoists are illegal. However in some of the districts the Maoist cadres are reportedly found with such weapons.

However, the trend of abductions, torture, collection of involuntary donations, and death threats are allegedly continued by the Maoists even after the admission to the interim government. As the Maoists have officially become the party of the interim government, the interim government has primary obligation to investigate those cases and bring the alleged perpetrators to justice. The AHRC also urges the representatives of Maoists in the interim government to end such alleged violations committed by the Maoists and bring the peace in the country.
 

SUGGESTED ACTION:
Please write to the concerned authorities listed below and demand their urgent intervention into these cases.

To support this appeal, please click:

Sample letter:

Dear __________,

NEPAL: Four cases of alleged human rights abuse by Maoists 

I am deeply concerned by the four human rights abuse cases relating to intimidation and assaults allegedly committed by the Maoists, which took place since the Communist Party of Nepal (Maoists) has officially become the party of the interim government. Details of each case are described below.

In first case, Sarita (name changed to safeguard the victim's identity), a 13-year-old school girl of Baglung district, was allegedly threatened to leave her home by her friend's relatives, who are allegedly Maoists, since 30 March 2007. They behaved inhumanely and mentally tortured her on various dates on the charge of not 'informing' them about her friend's secret marriage with a local dalit (untouchable) boy named Raju BK. After her friend Sindhu (name changed) eloped with Raju, on 30 March 2007, Sindhu's father and grandfather, who identified themselves as Maoists, visited Sarita and warned her to leave her home immediately. I am informed that on April 1, a local named Rudra, allegedly be Maoist, came to the victim's home and labeled her a prostitute and threatened her to leave home immediately. As a result, the victim left her home and is currently staying at her relative's home. The victim's mother further reported that the alleged perpetrators have warned of shunning them off their house and of turning her house into a Maoist party office. It is reportedly that Sarita was in intense psycho-social disturbance due to such continuous threats and harassments.

In another case, Bir Bahadur (name changed to safeguard the victim's identity) a 21 years old man residing in Baglung district, was allegedly subjected to a brutal assault by a group of Maoists on 30 March 2007. He had previously joined the Peoples' Liberation Army (PLA) on 1 June 2005 but he deserted from the PLA on 26 November 2006. Since then, the victim received constant threats from Maoist cadres, who allegedly told him that they would kill him if he failed to follow their command of re-joining them at the earliest. On the incident day, the victim was allegedly taken to Maoists' central leader Dinanath Sharma's home nearby and severely beaten for nearly one and half and hour. The alleged perpetrators warned him not to disclose the incident and they told him that they have obtained their high command's order even to kill him if he would not follow their instructions. I am informed that the victim is receiving life threats from the Maoists even these days.

In another case, Mr. Nathu Yadav a 40-year-old man residing at Pakharvindi Village Development Committee (VDC) ward no.3, Rupendehi district, allegedly threatened some local businessmen in Rupendehi district for donation on 5 April 2007. He is alleged to be Maoist worker. On the incident day, while threatening some local businessman with gun at Piprahawa of Rayapur VDC, he was captured by the locals and handed over to the District Police Office (DPO) of Rupendehi together with the gun. The DPO Rupendehi has reportedly began the investigation into this case.

In another case, one businessman Mr. Shyam Sundar Sharda of Sharda Group of Industries was allegedly garlanded with shoes and marched around the city at Biratnagar of Sunsari district for about 20 minutes by workers, who allegedly belong to Maoist affiliated trade union, on 9 April 2007. Since April 4, the drivers of the said company have gone to strike and the company administration was accused by the workers of plotting to abduct one driver, which is denied by the company administration. He was captured by the workers in the morning on April 9, while he was trying to go to the District Police Office (DPO) of Sunsari district, to get compromise with the workers as he had promised on the previous day.

As far as I know, the Communist Party of Nepal (Maoists) has formally ended the armed conflict in the country since 21 November 2006, entered into the 'Interim Legislature-Parliament' on 15 January 2007, and arrived in the interim government since 1 April 2007. While, welcoming the efforts of both parties to restore peace and constitutional democracy in Nepal, I am concerned that that the trend of abductions, torture, collection of involuntary donations, and death threats are allegedly continued by the Maoists.

As the Maoists have officially become the party of the interim government, I believe that the interim government has primary obligation to conduct a proper impartial investigation into the cases mentioned above and bring the alleged perpetrators to justice as soon as possible. I also request the interim government to provide effective protection to the victims who are under threats. I also request the representatives of Maoists in the interim government to put their effort in order to end such alleged violations and bring the peace in the country.

Yours truly,


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

PLEASE SEND YOUR LETTERS TO:

1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np 

2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attnoney@mos.com.np

3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org 

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

5. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np 

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

7. Mr. Dev Gurung
Minister for Local Development
Ministry of Local Development
Sri Mahai, Pulchowk
Lalitpur
NEPAL
Tel: +977 1 5523329
Fax: +977 1 5522045
E-mail: min@mid.gov.np 


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-134-2007
Countries :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.