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NEPAL: Morang-based security forces open fire at protestors killing six and injuring fifty following the gang-rape and killing of a woman by security personnel

May 18, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

18 May 2006
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UA-162-2006: NEPAL: Morang-based security forces open fire at protestors killing six and injuring fifty following the gang-rape and killing of a woman by security personnel

NEPAL: Rape; violence against women; disproportionate use of force; arbitrary killing
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by reports from local sources alleging that members of the armed forces indiscriminately opened fire on a crowd of three thousand civilian protestors, killing six and injuring 50 others, following an incident of gang-rape and killing by security personnel based in the Morang District, Nepal.

On 25 April 2006 at 8.30 pm, Sapana Gurung was reportedly dragged from her home to the nearby Nepal Telecommunications Office, Pashuhat Chauri by three security officers. At the time, 15 security personnel were stationed at the office as part of a patrolling mission under the command of Army Captain Pralhad Magar. At around 9.25 pm it was reported that villagers heard gunfire. Sapana was later found dead around 100 meters from her home. Medical reports filed by the B.P. Koirela Memorial Hospital declared that Sapana was shot after being gang-raped. The armed forces have denied the rape allegations, claiming that Sapana was killed when she failed to obey orders to halt given by an army patrol. The victim’s husband, Dal Bahadur Gurung has tried to lodge a case for murder and rape, however it is understood that, to date, the First Information Report (FIR) has still not been registered and no serious investigation into this case has begun.

It is worth noting that this incident took place on the day following the historic step-down of the King of Nepal, who was forced into re-instating parliament and surrendering his autocratic rule as the result of mass demonstrations that had been held in the capital, Kathmandu, and around the country for nearly three weeks. The King’s capitulation was welcomed internationally and by massive celebrations in the country, and paves the way for peace, democracy and the respect for human rights in Nepal. However, despite ongoing events, the armed forces in this case continued to act with indiscriminate and excessive force.

On April 26, a crowd comprising approximately three thousand people gathered at the Sub Police Station at Belbar-3, Morang district, to protest against the security forces actions and demanding compensation for the victim’s family and for the perpetrators to be punished. Tensions built as the protestors allegedly began chanting slogans, throwing rocks and setting logs on fire in front of the police station.

A delegation of six human rights activists representing the victim were just beginning to conduct a fact finding mission when members of the armed forces opened fire indiscriminately at the crowd, resulting in six deaths and 50 injuries. A commission has been formed by the current government of Nepal to investigate the repression of demonstrations that led to the King’s capitulation. It is sincerely hoped that the rape, killing and violent repression of the demonstrations in question here will also be addressed by similar measures.

The Army Captain in charge at the time has attempted to justify the brutal repression by claiming that Maoist infiltrators were present in the crowd and were planning a raid. This claim has often been made by the security forces to justify the repression of demonstrations. Regardless of whether this is true or not, it cannot justify the indiscriminate shooting of civilians. Among the 50 injured, 39 were admitted to hospital with bullet wounds.

The following people died in the incident:

1. Prabin Bhattarai, Indrapur, Morang
2. Tek Lal Chudhari, Mrigauliya-8, Morang
3. Khine Darjee, Indrapur -2, Morang
4. Prasanta Gurung, Belbari-2, Morang
5. Bhusi Mushahar, Belbari-3, Morang (Female)
6. Phurwa Sherpa, Indrapur -6, Morang                     

The following civilians were injured in the incident:

1. Geeta Adhikari, (17), Bashantapur-7, Terthum, bullet injury on both legs
2. Rudra Darnal, (30), Udayapur-8, Udayapur, bullet injury on hand
3. Krishna Limbu, Belbari, bullet injury
4. Suwash Kattle, (21) , Belbari-4, Morang, bullet injury on thigh
5. Puskar Koirala, (19), Mrigaulia-2, Morang, bullet in jury on hip
6. Phiroj Khan , (32), Belbari, bullet injury
7. Tara Ghimire, (22), Indrapur, bullet injury on thigh
8. Suwash Limbu, (33), Kerabari, bullet injury
9. Santosh Magar, (21), Belbari-1, Morang, bullet injury on hip
10. Tanka Bd r. Gurung, (35), Kerabi, bullet injury
11. Yu baraj Rai, (10), Lalbhitti, bullet injury on back bone 
12. Pritam Rai, (17), Belbari-2, Morang, bullet injury on back bone
13. Rana Bdr. Shrestha, (47), Sundarpur-1, Morang, bullet injury on back bone
14. Ram Danuwar, (48), Indrapur-7, Morang , bullet injury on stomach
15. Bala Ram Rimal, (17), Mrigaulia, bullet injury on Palm
16. Goppal Gautam, (37), Belbari-4, Morang , bullet injury on left cheek
17. Bhente Tamag, (12), Kerauna -9, Morang, bullet injury on back bone
18. Drona Shaestha, (23), Belari-2, Morang, bullet injury on leg
19. Santosh Limbu, (25), Belari-3, Morang, bullet injury on back bone
20. Yagya Kumar I Dahal, (38), Belari-4, Morang, bullet injury on thigh
21. Gobinda Gharti, (27), Kerabari-9, Morang, bullet injury on left hip
22. Prakas Koirala, (17), Belbari-9, bullet injury on thigh
23. Ganesh Dahal, (52), Belbari-4, bullet injury on hip
24. Santosh Shrestha, (32), Belbari- 2, bullet injury on left shoulder
25. Kisan Dev Sharma, (25), Dangihat- 2, bullet injury on chest
26. Bablu Shaha, (15), Belbari-2, bullet injury on knee
27. Satya Kumar Mandal, (14), Indrapur-5, bullet injury on leg
28. Varat Baral, (19), bullet injury
29. Anil Neupane, (21), Itahara-7, bullet injury
30. Dipak Dahal, Indrapur-7, bullet injury on abdomen
31. Baddri Acharya, Belbari-6       
32. Ram Chandra Gautam, Belbari-4
33. Ganendra Subedi, Belbari-3
34. Dhruba Khatiwoda, Belbari-3
35. Ram Kumar Ghising, Journalist (Mophasal Weekly)
36. Durga Lamichhane, RHLEC
37. Bimal Karki, WOREC (Biratnagar)
38. Bishal Shreshtha, CIWIN
39. Deepen Neupane, INSEC-Biratnagar

STATEMENT BY THE WITNESSES:

1. Dal Bahadur Gurung, husband of the victim

"On April 25, my wife and daughter Nirmala were knitting a shawl inside the room. At about 8:30pm, three security personnel entered the house all of a sudden, one man covered her mouth with his hands whilst the other two grabbed and dragged her to a nearby Telecommunication Office where they gang-raped her. At around 9:25pm she was shot dead and taken to the camp. The Assistant Sub-Inspector Ram Bahadur recognised the dead body and a message was sent to my mother in law.

Rape was the only intention in the minds of the security officers otherwise they would not have taken her by surprise at night. She was shot in the chest which passed through the flank.”

2. Pralhad Magar, Army Captain
                   
“The team was under my command. This was an accident. It was not regular patrolling but a special mission as we were informed that Maoists were trying to blast the repeater tower of Nepal Telecommunication. The incident place is nearby the repeater tower.

When the team reached there the woman was coming from opposite side. She was warned to stop saying “halt” but she refused.  The personnel in front opened fire. She got shot in the chest and fell down. After 10 minutes our bunker went there and brought the body. Until that time she was alive, but died on the way to the hospital.

We informed her mother in law and took the body to hospital for postmortem. Whether or not she was raped will be proved by the postmortem itself. She was innocent and was killed accidentally as it was a very sensitive area, but not rape.

After she got shot, she asked for water and personnel gave it to her. She was also taken to a nearby health-post for first aid treatment before being taken to BP Koirela Institute of Health and Science at Dharan.”
 

SUGGESTED ACTION:

The AHRC is seriously concerned by these allegations of grave human rights violations by the Nepali security forces against innocent civilians and calls for you urgent intervention into this case. We therefore ask that you please send letters urging the government of Nepal to launch an immediate and impartial investigation into these events, bring the perpetrators to justice and award adequate reparation to the victims or their families. Please also urge the government authorities to take strong and genuine measures to prevent future violence and human rights abuses against civilians by the security forces.
 
Suggested letter:

Dear___________,

NEPAL: Morang-based security forces open fire at protestors, killing six and injuring fifty following the gang-rape and killing of a woman by security personnel

Name of victim who was raped and killed:
1. Sapana Gurung
Name of victims who died in the incident:
1. Prabin Bhattarai, Indrapur, Morang
2. Tek Lal Chudhari, Mrigauliya-8, Morang
3. Khine Darjee, Indrapur -2, Morang
4. Prasanta Gurung, Belbari-2, Morang
5. Bhusi Mushahar, Belbari-3, Morang (Female)
6. Phurwa Sherpa, Indrapur -6, Morang   
Name of victims injured in the incident:
1. Geeta Adhikari, (17), Bashantapur-7, Terthum, bullet injury on both legs
2. Rudra Darnal, (30), Udayapur-8, Udayapur, bullet injury on hand
3. Krishna Limbu, Belbari, bullet injury
4. Suwash Kattle, (21) , Belbari-4, Morang, bullet injury on thigh
5. Puskar Koirala, (19), Mrigaulia-2, Morang, bullet in jury on hip
6. Phiroj Khan , (32), Belbari, bullet injury
7. Tara Ghimire, (22), Indrapur, bullet injury on thigh
8. Suwash Limbu, (33), Kerabari, bullet injury
9. Santosh Magar, (21), Belbari-1, Morang, bullet injury on hip
10. Tanka Bd r. Gurung, (35), Kerabi, bullet injury
11. Yu baraj Rai, (10), Lalbhitti, bullet injury on back bone 
12. Pritam Rai, (17), Belbari-2, Morang, bullet injury on back bone
13. Rana Bdr. Shrestha, (47), Sundarpur-1, Morang, bullet injury on back bone
14. Ram Danuwar, (48), Indrapur-7, Morang, bullet injury on stomach
15. Bala Ram Rimal, (17), Mrigaulia, bullet injury on Palm
16. Goppal Gautam, (37), Belbari-4, Morang, bullet injury on left cheek
17. Bhente Tamag, (12), Kerauna -9, Morang, bullet injury on back bone
18. Drona Shaestha, (23), Belari-2, Morang, bullet injury on leg
19. Santosh Limbu, (25), Belari-3, Morang, bullet injury on back bone
20. Yagya Kumar I Dahal, (38), Belari-4, Morang, bullet injury on thigh
21. Gobinda Gharti, (27), Kerabari-9, Morang, bullet injury on left hip
22. Prakas Koirala, (17), Belbari-9, bullet injury on thigh
23. Ganesh Dahal, (52), Belbari-4, bullet injury on hip
24. Santosh Shrestha, (32), Belbari- 2, bullet injury on left shoulder
25. Kisan Dev Sharma, (25), Dangihat- 2, bullet injury on chest
26. Bablu Shaha, (15), Belbari-2, bullet injury on knee
27. Satya Kumar Mandal, (14), Indrapur-5, bullet injury on leg
28. Varat Baral, (19), bullet injury
29. Anil Neupane, (21), Itahara-7, bullet injury
30. Dipak Dahal, Indrapur-7, bullet injury on abdomen
31. Baddri Acharya, Belbari-6       
32. Ram Chandra Gautam, Belbari-4
33. Ganendra Subedi, Belbari-3
34. Dhruba Khatiwoda, Belbari-3
35. Ram Kumar Ghising, Journalist (Mophasal Weekly)
36. Durga Lamichhane, RHLEC
37. Bimal Karki, WOREC (Biratnagar)
38. Bishal Shreshtha, CIWIN
39. Deepen Neupane, INSEC-Biratnagar

I am disturbed to hear about the excessive use of force and human rights violations perpetrated by the armed forces, who opened fire on a crowd of three thousand civilian protestors, killing six and injuring 50 persons, following an incident of gang-rape and killing by security personnel based in the Morang District.

I have been informed that on 25 April 2006 at 8.30 pm, Sapana Gurung was taken from her home to a nearby Nepal Telecommunications Office in Pashuhat Chauri by three members of the security forces. At the time 15 security personnel were stationed there on a patrolling mission under the command of Army Captain Pralhad Magar. At around 9.25pm it was reported that villagers heard gunfire and later found Sapana’s dead body lying around 100 meters from her home. Medical reports filed by the B.P. Koirela Memorial Hospital declare that Sapana was shot after being gang-raped. The armed forces have denied the rape allegations, claiming that Sapana was killed when she failed to obey orders to halt given by an army patrol. The victim’s husband, Dal Bahadur Gurung has tried to lodge a case for murder and rape, however it is understood that, to date, the First Information Report (FIR) has still not been registered and no serious investigation into this case has begun.

The following day, on April 26, a crowd comprising approximately three thousand people gathered at the Sub Police Station at Belbar-3, Morang district, to protest against the security forces actions and demanding compensation for the victim’s family and for the perpetrators to be punished. Tensions built as the protestors allegedly began chanting slogans, throwing rocks and setting logs on fire in front of the police station. The armed forces then reportedly started firing indiscriminately at the crowd, resulting in six deaths and injuries to 50.

I am deeply concerned by the brutality of this attack. Following the rape and killing of a woman, understandably angry demonstrators have become the subject of disproportionate, excessive and lethal attacks by the security forces. As well as the death of six demonstrators, many more still remain in hospital for treatment. It is inexcusable for the security forces to open fire on a crowd of unarmed civilians. I am worried that no compensation will be afforded to the families of the victims and that the state security agencies are trying to cover up the entire incident with the statement from Captain Pralhad Magar denying all allegations of rape and by claims that Maoist insurgents had infiltrated the demonstration. The latter has been an excuse that has been repeatedly used by the armed forces to attempt to justify the violent repression of legitimate demonstrations.

It must be noted that these events have occurred on the days following the historic step-down of the King of Nepal, who was forced on April 24th, 2006 into re-instating parliament and surrendering his autocratic rule as the result of mass demonstrations that had been held in the capital, Kathmandu, and around the country for nearly three weeks. The King’s capitulation was welcomed internationally and by massive celebrations in the country, and paves the way for peace, democracy and the respect for human rights in Nepal. However, despite ongoing events, the armed forces in this case continued to act with indiscriminate and excessive force. A commission has been formed by the current government of Nepal to investigate the repression of demonstrations that led to the King’s capitulation. I sincerely hope that the rape, killing and violent repression of the demonstrations in question here will also be addressed by similar measures.

I am greatly troubled by such abuse of power by state officials against the citizens of Nepal. I urge you to take immediate action to conduct an impartial investigation into these events, in order to prosecute and punish all those responsible. Proper compensation as well as full medical treatment should be provided to the victims. I further urge you to give full protection to the victims and their families during the investigations and legal proceedings.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. General Pyar Jung Thapa
Chief of Army Staff
Army Headquarters
Kathmandu
NEPAL
Fax: + 977 142 42168

2. Prime Minister Girija Prasad Koirela
Prime Minister's office
Singha Durbar
Kathmandu
NEPAL
Fax. + 977 142 27286

 3. Colonel Pankaj Karki
 Head of Army Human Rights Cell
Army Headquarters
Kathmandu
NEPAL
Fax: +977 142 26292/229451

4. Dorna Prasad Regmi
Acting Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 142 62582

5. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission 
Pulchowck
Lalitpur
NEPAL
Tel: +977 1 55 47974 or 525 659 or 547 975
 Fax: +977 155 47973
 Email: nhrc@ntc.net.np

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: urgent-action@ohchr.org

7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms. Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (Attn: Special Rapporteur on Violence against Women)
Email: urgent-action@ohchr.org

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-162-2006
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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.