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NEPAL: Reported cases of extra-judicial killings by personnel from the Joint Security team

November 25, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

25 November 2004
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UA-165-2004: NEPAL: Reported cases of extra-judicial killings by personnel from the Joint Security team

Nepal: Extra-judicial killings; Collapse of rule of law; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to bring to your attention eight reported cases of extra-judicial killings by personnel from the Joint Security team in Nepal.

In seven of the eight cases, plain clothed security personnel went to the homes of seven men, demanding that the men come forward.  During this process, the security personnel beat the men and/or their wives, whilst searching their house for evidence of arms and ammunition.  The security personnel then took the men into custody, having charged or accused them of association with the Maoists.  The day after their arrests, each of the seven men were found dead, in what appears to be clear examples of extra-judicial killings.  Each of the men's bodies were cremated by the police, with family members denied access to their dead relatives before the cremation took place.  In six of the cases, security personnel claim that the men were killed during an encounter with security forces.  However local villagers do not believe this claim and a fact finding team from local human rights groups has found no evidence to suggest that any encounter took place.

In the other case, security personnel discovered the victim sleeping under a tree, before they shot and killed him on the spot.  Again, the security personnel cremated the dead body before any family members could gain access to the victim.

We call for your urgent intervention into this matter. Please write to Major General Sharma Thappa and other relevant authorities demanding immediate investigations into these cases so that the perpetrators can be brought to justice without delay. Please also urge Major General Sharma Thappa to strictly instruct the army and the police to stop the 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:

The following are the details of the eight recent cases of extra-judicial killings by personnel of the Joint Security team in Nepal.

Case 1:
Name of victim:
Lapten Yadav, 45.
Resident of: Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1:00am on 1 October 2004, three security personnel went to the house of Mr. Yadav where they found him and his wife at home.  The security personnel searched the house, supposedly looking for arms and ammunition. They then arrested Mr. Yadav and proceeded to beat him with their boots and a bamboo stick.  Mr. Yadav's wife pleaded with the security personnel not to arrest her husband, saying that he had no links to the Maoists.  However, the security personnel took Mr. Yadav into custody.  The next day Mr. Yadav's dead body was seen in Keutani village before it was taken to Janakpur for cremation.  Mr. Yadav's family pleaded with the security personnel to be given access to Mr. Yadav, but this was denied.

Case 2:
Name of victim:
Shatrughan Yadav, 30.
Resident of: Bala Bakhar Village Development Committee, ward No. 5, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1:30am on 1 October 2004, two security personnel went to the house of Mr. Yadav where they proceeded to beat Mr. Yadav and his wife, Hiradevi Yadav, with their boots and a bamboo stick.  The security personnel took Mr. Yadav with them after having tied his hands behind his back.  The next day Mr. Yadav's dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav's body, but they refused to do so.

Case 3:
Name of victim:
Ram Nath Yadav, 43.
Resident of: Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1:00am on 1 October 2004, two security personal arrived at Ram nath Yadav's house.  When they saw Mr. Yadav, they tied his hands behind his back and proceeded to beat him with their boots.  Security personnel charged Mr. Yadav for being a Maoist and then took him away. The next day Mr. Yadav's dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav's body, but they refused to do so.

Case 4:
Name of victim:
Ram Pukar Yadav, 40.
Resident of: Chorakoyalpur Village Development Committee, ward No. 6, Dhanusha.
Summary of case: At midnight on 1 October 2004, three security personnel went to Mr. Yadav's house.  Upon finding Mr. Yadav they took him outside and began beating him with a bamboo stick.  The security personnel asked Mr. Yadav for his citizenship card before arresting him and taking him away. The next day Mr. Yadav's dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav's body, but they refused to do so.

Case 5:
Name of victim:
Raj Gir Yadav (known as Phulgen), 45.
Resident of: Chorakoyalpur Village Development Committee, ward No. 6, Dhanusha.
Summary of case: At midnight on 1 October 2004, security personnel went to Mr. Yadav's house.  Security forces charged him with being a Maoist and started to verbally and physically abuse him.  The security personnel then took Mr. Yadav away. The next day Mr. Yadav's dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav's body, but they refused to do so.

Case 6:
Name of victim:
Krishna Kumar Yadav (called Biranchi), 31.
Resident of: Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1.30am on 1 October 2004, 5 security personnel arrived at Mr Yadav's house, demanding to know his whereabouts.  Mr. Yadav's mother told the security personnel that her son was not a Maoist and that he has previously worked in Malaysia and India for the family's livelihood, before returning recently to Nepal.  Mr. Yadav was in his neighbour's house, where the police eventually arrested him. The next day Mr. Yadav's dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav's body, but they refused to do so.

** In all of the above six cases, security personnel claim that the mend were killed during an encounter with security forces.  Villagers, however, do not believe this claim and a fact finding team have found do evidence to support this.

Case 7:
Name of victim:
Bouyalal Mura Kawari, 40.
Resident of: Pateharwa Village Development Committee ward No. 3, Pateharwa, Dhanusha.
Summary of case: At 3am on 17 October 2004, security personnel went to Mr. Bouyalal's house, where they arrested him on charges of being a Maoist and providing food to Maoists.  Mr. Bouyalal tried to convince the security personnel that he has been a migrant worker in Arab countries for the last few years and that he was not a Maoist.  However, the ignored him and took him to a place near Prasaitol, about one and a half kilometers from his village.  There they shot Mr. Bouyalal, killing him on the spot.  Security personnel then took away his dead body and cremated it.

Case 8:
Name of victim:
Ram Narayan Sada, 45.
Resident of: Pateharwa Village Development Committee ward No. 3, Kothiya, Dhanusha.
Summary of case: At 4am on 17 October 2004, security personnel went to Pateharwa village.  Mr. Sada was sleeping under a tree when security personnel spotted him.  They immediately opened fire on Mr. Sada, killing him instantly.  According to the villagers, Mr. Sada was shot in the mouth.  Security personnel took his body away and had him cremated in Janakpur.  Villagers do not wish to become involved in this case as they now live in fear of security personnel in the area.


SUGGESTED ACTION:

Please send a letter, fax, or an email to Major General Sharma Thappa to express your concern regarding these cases.  Please ask that he investigate these cases immediately and that he take all measures possible to ensure that extra-judicial killings by security personnel such as these cases would not continue to occur in the future.

Sample letter:

Dear Major General Thappa,

Re: Reported cases of extra-judicial killings by personnel from the Joint Security team

Victims Names:
1) Lapten Yadav, 45 years old, resident of Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha, found dead after being arrested by the security personnel on 1 October 2004
2) Shatrughan Yadav, 30 years old, resident of Bala Bakhar Village Development Committee, ward No. 5, Sundarpur, Chiraiya, Dhanusha, found dead after being arrested by the security personnel on 1 October 2004
3) Ram Nath Yadav, 43 years old, resident of Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha, found dead after being arrested by the security personnel on 1 October 2004
4) Ram Pukar Yadav, 40 years old, resident of Chorakoyalpur Village Development Committee, ward No. 6, Dhanusha, found dead after being arrested by the security personnel on 1 October 2004
5) Raj Gir Yadav (known as Phulgen), 45 years old, resident of Chorakoyalpur Village Development Committee, ward No. 6, Dhanusha, found dead after being arrested by the security personnel on 1 October 2004
6) Krishna Kumar Yadav (called Biranchi), 31 years old, resident of Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha, found dead after being arrested by the security personnel on 1 October 2004
7) Bouyalal Mura Kawari, 40 years old, resident of Pateharwa Village Development Committee ward No. 3, Pateharwa, Dhanusha, shot dead by the security personnel on 17 October 2004
8) Ram Narayan Sada, 45 years old, resident of Pateharwa Village Development Committee ward No. 3, Kothiya, Dhanusha, shot dead by the security personnel on 17 October 2004

I write to express my deep concern regarding eight recent cases of extra-judicial killings by personnel from the Joint Security team, and to urge you to take a leading role in addressing this situation.

According to the information I have received, in seven of the eight cases, plain clothed security personnel went to the homes of the men, demanding that the men come forward.  During this process, the security personnel beat the men and/or their wives, whilst searching their house for evidence of arms and ammunition.  The security personnel then took the men into custody, having charged or accused them of association with the Maoists.  The day after their arrests, each of the seven men were found dead, in what appears to be clear examples of extra-judicial killings.  Each of the men's bodies were cremated by the police, with family members denied access to their dead relatives before the cremation took place.  In six of the cases, security personnel claim that the men were killed during an encounter with security forces.  However local villagers do not believe this claim and a fact finding team has found no evidence to suggest that any encounter took place.

In the other case, security personnel discovered the victim sleeping under a tree, before they shot and killed him on the spot.  Again, the security personnel cremated the dead body before any family members could gain access to the victim.

In you capacity as head of military, I urge you to intervene into these cases, and into the general situation of extra-judicial killings by security personnel in Nepal.  Perpetrators of such crimes should be brought to justice for their actions and should be made an example of for other security personnel who believe that such behaviour is appropriate.  I ask that you strictly instruct all security personnel to stop the ongoing illegal arrest, detention, torture and extra-judicial killings against civilians.

I trust that you will do your utmost to rectify the situation of extra-judicial killings by security personnel in Nepal.

Yours sincerely,



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PLEASE SEND YOUR LETTER TO:

1. Major General Sharma Thappa
Attn: Officer of Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu
Nepal
Telefax: + 977 14 245 020/226 292

PLEASE SEND COPIES TO:

1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
Nepal
Tel: +977 14 413577/227577
Fax: +977 14 227395/ 411955

2. Mahadeo Prasad Yadav
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
Nepal
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np

3. 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

4. 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

5. Ms Manuela Carmema Castrillo
Chairperson
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
Att: Mr. Safir Syed
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016
E-mail: ssyed@ohchr.org

7. Mr. Diego Garcia-Sayan
Chairperson
Working Group on Enforced or Involuntary Disappearances
Att: Ms. Soussan Raadi-Azarakhchi
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org


Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-165-2004
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.