NEPAL: Extra-judicial killings of three young men at Hasandaha VDC of Morang District

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-151-2004
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that three young men, namely Bishwanath Parajuli (also called Nagendra Parajuli), Tomnath Poudel and Dhan Bahadur Tamang, of the Hasandaha Village Development Committee (VDC) in Morang, Nepal, were shot dead by security forces on 28 September 2004. No proper inquiry was conducted before their execution. 

This incident took place while the security forces, under the command of Eastern Pritana Headquarter, Itahari, searched for Maoist supporters in the village on September 27, where they arrested about 16 young men. For your reference, we have produced summarized statements of the families of the three men killed. 

We call for your urgent intervention into this matter. Please urge the government of Nepal to order an immediate investigation into this case and bring the perpetrators to justice without delay. Please also urge the government to strictly instruct the army and the police to stop ongoing illegal arrest, detention, torture and extra-judicial killings against civilians.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

At about 7:30pm on 27 September 2004, a group of security forces, under the command of Eastern Pritana Headquarter, Itahari, approached the Hasandaha Village Development Committee (VDC) in Morang district, Nepal. Some of them were in uniforms while others were in plain clothes. Upon arrival at the village, they proceeded to arrest the youth in the village for several hours. The people from Pathari Bazar were in particular targeted, as the security forces suspected that they might attend a march in Pathari Bazar, which was organized by the Maoist rebels on the same day.   

At about 8:00pm, the security forces went to the house of Mr. Indradev Chandrabansi (40), a teacher of the Ram Janaki Primary School, and ordered him to open the school gate. When he told them that the headmaster had the key, they ordered him to smash the padlock of the door. According to Mr. Chandrabansi, when he went to the school with the security personnel, he saw six or seven young people lying in the schoolyard with their faces covered by their own clothes and their hands tied behind their back. He did not recognize the arrested people, except Batoran Chandrabansi from the same village, as their faces were covered. 

In the meantime, security forces arrested Raju Paswan, who is suspected as a Maoist, and arrested more young people, including Arjun Kavirath, Ashok Mandal, Dilip Mandal, Bishnu Kavirath, Bimal Raut and Mukesh, based on the information provided by Raju Paswan. All of the arrested were brought to the school. The security forces then interrogated all the arrested youth regarding their support to the Maoist rebels and involvement with the Maoist activities in the village. According to the victims who were released the next morning, the security forces held them at gunpoint the entire night while forcing them to provide the detailed information of the Maoist rebels in the area. Some of them were kicked with boots and beaten with rifle butts. 

The next morning (September 28), the security forces shot dead three persons, namely Bishwanath Parajuli, Tomnath Poudel and Dhan Bahadur Tamang. They then took four persons, namely Ramesh Neupane, Purushottam Acharya, Raju Paswan and Mitthu Paswan, and released the others on the condition that they report to the Itahari Barrack the next day. Neither the villagers nor the released victims know the exact number of the arrested people as their faces were covered and they were not allowed to see each other. The fact finding team of local human rights groups have identified 16 persons up to now. 

STATEMENT OF THE FAMILIES OF THE THREE KILLED MEN (translated from Nepalese)

1. Rajendra Parajuli, 28 years old, an advocate by profession, resides in Hasandaha-7, Morang (an elder broter of Bishwanath Parajuli) 

“My brother had worked in India for about five years. He worked as a cheap laborer there, but he could not earn enough money to support our family. Therefore, he came back to Nepal three months ago so that he could make arrangements to go to other foreign countries like Malaysia where he can earn more……However, his medical checkup revealed that he has Hepatitis B…… Since then, he was taking a rest at home. 

On September 27, he went to see a Dhami [a traditional healer] for his treatment in the evening. I heard that he went with his friend, Tomnath Poudel. The next morning, my family called my workplace in Damak and told me that my brother died. When I saw his dead body, I found that he had two gunshots, one on his stomach and the other on his chin, and his guts had come out. 

I was so surprised when I heard the security forces claimed in Radio Nepal the next day that they had killed Maoists. I challenge them to prove his affiliation with the Maoists. My brother was not affiliated with any political party. He used to work in India for several years and just got back home three months ago. When he discovered his illness, he always worried about his health and visited doctors and traditional healers one after another. The security forces killed an innocent person. This is the way hey make more Maoists.”

2. Mother of Tomnath Paudel, permanent resident of Hasandaha-7, Morang 

“My son used to repair watches and bicycles once he got free time from his studies.  He was not involved with any political parties. He was a naive man. On September 27, he asked me whether he could accompany Biswanath to go to see a Dhami for his treatment. I waited him but he did not come back home that night. I thought he might go to his friend’s house.  
 
Next day, I heard that my son’s dead body was lying near to the road. People tried not to let me go there, but I rushed to see my son’s body. I could not breathe when I saw it. I do not remember how I came back home. They could have arrested him if they had any suspicion that my son was involved in the Maoist activities. They would have known about him if they had kept him only for a day. Why did they take his life? 

I am sick. I cannot sleep at night. I was taken to a clinic but yet I do not feel any relief. I feel of being unconscious at once. I feel burning on my chest all the time. Nothing has been left now.”  

3. Bhakta Bahadur Tamang, 58 years old, permanent resident of Hasandaha-7, Piple, Morang (a relative of Dhan Bahadur Tamang)

“At about 5:00pm of 27 September 2004, he returned home after playing football in the village. After asking his wife to prepare a dinner, he went out to village at about 6:00pm and did not come back home till midnight. The next day early in the morning, I heard the sound of six firings in the village. Soon after that I heard sad news. I went the incident place. There were three dead bodies. Tomnath’s dead body was at eastern side of the road, some 20 meters away from Biswanath’s body. Dhan Bahadur’s body was lying down at the western side of the road, some 50 meters far from Biswanath’s body. There were marks of rope on Dhan Bahadur’s hands, which suggested that he had been tied with his hands before being shot. His right eye was coming out. He had two gunshots, one on his chest and the other on his upper abdomen. His abdomen was covered with blood……

The dead bodies were left whole day on the spot. We could not take Dhan’s body because security personnel said that if anyone touched the bodies, they would face the same fate. Even the family members could not touch the body…… At about 5:00pm, some Maoists came to the village and buried the dead bodies on the streamside of the Pathari…… Some people identifying themselves as Maoist came to my house and informed us that Dhan Bahadur was working with their party for a year. However, they said that the other two, Bishwanath and Tomnath are did nothing to do with their party.” 

SUGGESTED ACTION:
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SAMPLE LETTER

Dear __________,

Re:  NEPAL: Extra-judicial killings of three young men at the Hasandaha VDC of Morang District 

I am deeply concerned by the killings of three young men, namely Bishwanath Parajuli (also called Nagendra Parajuli), Tomnath Poudel and Dhan Bahadur Tamang by the security forces at the Hasandaha VDC in Morang District, Nepal on 28 September 2004.  

This incident took place while  the security forces, under the command of Eastern Pritana Headquarter, Itahari, searched for Maoist supporters in the village on September 27, where they arrested about 16 young men. They also took four persons, namely Ramesh Neupane, Purushottam Acharya, Raju Paswan and Mitthu Paswan, who were recently found in Morang prison. They have been detained under “preventive detention”. 

It is a fundamental principle of law that if any person commits a crime, he/she should be arrested and prosecuted by the criminal justice system in their country in any circumstances including armed conflict. However, in this incident, this basic principle was ignored by the law enforcement officers (security forces), who have the responsibility to protect its own citizens. Instead, they arbitrarily arrested, detained, and tortured the young boys, mostly juveniles, and even executed three of them, without any proper inquiry.  

In light of this, I urge you to immediately intervene into this matter and ensure that an impartial and thorough investigation be conducted into the circumstances surrounding this incident. Action must be taken against the perpetrators without delay. I also urge you to ensure that the four persons detained in Morang prison be allowed to access judicial remedies. Lastly, I urge the government of Nepal to strictly instruct the security forces to stop ongoing illegal arrest, detention, torture and extra-judicial killings against civilians.

If the government of Nepal does not take immediate and genuine action to stop extra-judicial executions, forced disappearances, torture and the repression of civil society, the rule of law in the country will collapse and it will take a long time for it to be restored. 

Thank you for your attention. 

Yours truly, 

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SEND A LETTER TO:

1. Hon. Sher Bahadur Deuba
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227 765 / +977 1 227286
Email: hmg@es.wlink.com.np 

2. Mr. Mahadev Yadav
Attorney General
Office of the Attorney General 
Ramshahpath, Kathmandu, 
NEPAL
Tel: +977 1 4 262548 (direct line)/262394 (through Personal Assistant)
Fax. +977 1 4 262582
Email: fpattorney@most.gov.np

3. Lieutenant Colonel Raju Nepali 
Head Royal Nepal Army Human Rights Cell 
Royal Nepalese Army Headquarters 
Singha Durbar 
Kathmandu 
NEPAL
Fax: + 977 1 4 226 292 or 245 020

4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np

5. Mr. David Johnson
Senior Human Rights Advisor
C/o UNDP, UN House
P.O. Box: 107
Pulchowk, Kathmandu
NEPAL
Tel: +977 1 5 524 366 / 5 523 200
Fax: +977 1 5 523 991 / 5 523 986
Email: david.johnson@undp.org

6.  Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

7. Professor Stephen Toope
Chairperson
Working Group on Enforced or Involuntary Disappearances
Attn: Ms. Tanya Smith
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9176
Fax: +41 22 917 9006
E-mail: tsmith@ohchr.org

8. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-151-2004
Countries : Nepal,
Issues : Extrajudicial killings,