NEPAL: Authorities refuse to register FIR concerning extra-judicial killings case

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from NGO Advocacy Forum Nepal that the District Police Office (DPO) and the District Administration Office (DAO) in Banke district, Nepal, have refused to register a First Information Report (FIR) concerning the extra-judicial killings in September 2002 of Mr. Dal Bahadur Thapa and his wife Parbati Thapa. According to the information received, the DPO refused to register the FIR on 25th April, and the DAO refused to register it on 30th April, 2007. Mr. Dal Bahadur Thapa’s 60-year-old mother, Ms. Bhumisara Thapa, has lodged an appeal before the Appellate Court, Nepalgunj with the support of Advocacy Forum Nepal in order for the police to register the case.

CASE DETAILS:

On April 25, 2007, Ms. Bhumisara Thapa went to the District Police Office, Banke district, to file a First Information Report (FIR) concerning the killing of her son, Dal Bahadur Thapa, and daughter-in-law, Parbati Thapa. These two persons were allegedly shot dead by members of the then-Royal Nepal Army’s Bhim Kali Battalion, Chisapani, Banke district, on September 10, 2002, at around 8:30 p.m, while they were sleeping at home.

Ms. Bhumi Sara Thapa was accompanied by Advocacy Forum Nepal lawyers and representatives from the Office of United Nations High Commissioner (OHCHR) Midwestern Regional Office, Nepalgunj. At the District Police Office, Banke, she requested the Deputy Superintendent of Police (DSP) to register the FIR. She explained the details of the incident to the DSP, but he refused to register the FIR. The DSP, Mr. Promod Kharel, stated that, “The FIR is against the army. The Superintendent of Police is not here now; I need to have order from above. So I cannot issue an order to file the case“. The Superintendent of Police was on leave and had reportedly given his official authority to the DSP. Later the same day the team moved to the District Administration Office to register the FIR, however, the Chief District Officer (CDO) had already left the office.

On April 29, 2007, Ms. Bhumisara Thapa, again accompanied by the same group, visited the District Administration Office in Banke to register the FIR, but CDO Mr. Narendra Raj Sharma refused to register it. He stated that, “The FIR should be registered at the DPO. You need to prove that the police denied registering it but you don’t have any such evidence. There are options to appeal against the DPO within the police administration, try that first before visiting here.”

According to the State Cases Act of Nepal, the police office nearest  to the scene of a crime is responsible for registering a case report. In this case, it was the District Police Office, Banke district, but this office refused to register the complaint. A complaint was therefore made to the Chief District Officer at the District Administration Office, Banke, but he also refused to register the case.

As the registration of the FIR was denied by both the District Police Office and District Administration Office in Banke district, Ms. Bhumisara was left with no option but to lodge a petition of Mandamus before the Appellate Court, Nepalgunj, Banke district on April 30, 2007, asking for the court to issue an order demanding that the police observe their legal obligations arising under the State Cases Act 1992 and register the FIR.

The FIR concerning the extra-judicial killings in question was against army Major Ajit Kumar Thapa and Captain Mr. Ramesh Swar of the Bhim Kali Battalion, Chisapani, Banke district, who are allegedly responsible for the killings. The other respondents of the FIR include the then-chief of the Armed Police Force in Bageshowori, Banke district, and the commander of a search team from Bhim Kali Battalion, Chisapani. Under the State Cases Act, 1992, the DPO has the authority to entertain such reports and launch investigations into cases. In failing to register the case, this authority is failing to carry out its legal obligations. This is not an isolated case; the refusal to register FIRs is a major barrier to justice in many cases in Nepal and is a key factor that enables impunity for perpetrators. For example, another such case can be seen in UA-070-2007.

Further information concerning the killings:

35 year-old Mr. Dal Bahadur Thapa, and his wife, 30 year-old Parbati Thapa, who were residents of Naubasta Village Development Committee ward no. 6,  Banke district, were shot and killed by a group of 4 to 5 armed and uniformed Royal Nepalese Army personnel at about 8:30 pm, on September 10, 2002. They were reportedly killed in their home while they were sleeping as the result of indiscriminate firing of the soldiers. Their 10 month-old daughter also sustained bullet injuries – to her left flank and index finger of her left hand. Those responsible for the shootings reportedly left the area immediately, but later on a large group of Royal Nepal Army personnel from the Bhim Kali Battalion, Chisapani and the Nepal Armed Police from Bageshori, Nepalgunj arrived and harassed and ill-treated the victims’ two children and mother. This search team was under the command of Captain Mr. Ramesh Swar from the Bhim Kali Battalion, Chisaapani, Banke district.

The security forces searched the victim’s entire house but found nothing. Mr. Dal Bahadur was still alive and crying with pain, whereas his wife had already died. His mother tried to take him to the hospital, but the security forces took him and his wife’s body with them. The security forces even took jewelry and money worth 11, 000 rupees during the search. The injured Dal Bahadur was taken away and it is believed that he also died as the result of his injuries, although the military have to date still not released either his or his wife’s bodies.  Before leaving the home, the members of the search team reportedly scattered weapons and documents related to the Maoist insurgents, and the following day the media broadcast the news that two Maoists had been killed in a clash in the area.

SUGGESTED ACTION:

Please write letter to the concerned authorities listed below and urge them to ensure that the First Information Report (FIR) into the September 2002 extra-judicial killings of Mr. Dal Bahadur Thapa and his wife Parbati Thapa. The authorities must also be urged to investigate and punish Deputy Superintendent of Police (DSP) Mr. Promod Kharel of District Police Office, Banke district, and the Chief District Officer (CDO) Mr. Narendra Raj Sharma of District Administration Office, Banke district for any involvement in the refusal to register the FIR, and to put an end to this widespread practice in the country.

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