NEPAL: Vigilante groups in Nepal must be disarmed and disbanded 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-188-2006
ISSUES: Military, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) is writing to express our deep concern with regard to ongoing grave human rights violations being perpetrated by armed vigilante groups in Nepal. The AHRC congratulates the Government of Nepal for their role in recent events in Nepal, which raise hopes of an end to the gross human rights violations that have caused unquantifiable suffering and loss in the country. With this in mind, the AHRC urges the government to immediately disarm and disband the vigilante groups that were set up and armed by the former Royal Nepal Army and who continue to perpetuate violence in the country.

Since the 18 May 2006 adoption of the House of Representative’s Proclamation, under which the Royal Nepal Army was re-named the Nepalese Army and was brought under the authority of the government, the AHRC is of the view that the vigilante groups are also the responsibility of the government. Addressing any violations perpetrated by these proxy groups are therefore also the responsibility of the government, including the bringing of perpetrators to justice and the provision of adequate reparation for the victims of violence by these groups.

The vigilante groups, known as village defence forces, were formed and armed by the Royal Nepal Army under the King’s authority, allegedly to assist in defending against Maoist insurgent attacks, and were condemned from the outset by the international community. Experiences from similar projects around the world have shown that arming untrained civilians leads to serious violations being perpetrated against the civilians they are, in theory, meant to be protecting. It is therefore imperative that the government immediately proceed with the disarmament and disbanding of these armed groups, in order to prevent further abuses.

The urgent need for such action is best illustrated by the case of the death of a three-year-old child as the result of a sword injury to the head. Armed vigilantes from the village defence forces killed the three-year-old son of Dharma Raj Barai, a Maoist cadre, and also injured two more of his children on 1 June 2006 in Phulika VDC-3, Kapilvastu district. Dharma Raj is allegedly a Maoists’ Ward Chairperson of Ward No. 3, Phulika VDC. At around midnight, vigilantes identified as Ram Milan Kharbinad (Jalalu), Chhotai and Pappu reportedly went to Dharma Raj Barai’s home and attacked his family members with swords. Dharma Raj had reportedly gone to Kathmandu to participate in a Maoists’ Speech Programme scheduled for June 2. When the vigilantes did not find Dharma Raj at his home, they attacked his three children indiscriminately with swords, badly injuring three-year-old Manjit in the head, who later died from his injuries. Dharma Raj’s 18-year-old daughter received injuries to her hands and his five-year-old son received injuries to the forehead and may lose the use of an eye. An eight-year-old boy was reportedly also slapped several times. The vigilantes reportedly fired a gun in the air before leaving the home at around 1am. Manjit Barai died at 2pm and the other injured children were taken to Taulihawa Hospital for treatment the next morning. The security forces from DPO Kapilvastu reportedly took the child’s dead body for a post-mortem.

The AHRC has been informed of numerous other attacks by vigilante groups, including the burning down of the home 56-year-old farmer, Hanuman Prasad Barai Jaiswal, a resident of Maharajgunj VDC-7, Majha Bargadi in Kapilvastu district. The attack was reportedly carried out by 300 to 400 vigilantes and members of the security forces on 20 February 2005, due to his son having allegedly joined the Maoists. In another case, Netra Lal Bhattarai, 46, a shopkeeper and a resident of Nandanagar VDC-9, Kalikanagar of Kapilvastu District was reportedly killed by vigilantes at Labani Bazaar on 23 February 2005 while purchasing goods for his shop at the bazaar. He was allegedly killed for being Maoist. Members of the Kapilvastu District Police Office reportedly buried his body without his wife being able to see it. The next day, the vigilantes also burnt down his house. These cases are only examples of a larger problem.

The Asian Human Rights Commission therefore requests that the government take immediate steps to disarm and disband the village defence forces and any other vigilante groups in Nepal, to investigate all alleged violence and violations by these forces, to bring the alleged perpetrators to trial and to award adequate compensation to the victims and family members of all cases of vigilante violence.

SUGGESTED ACTION:

Please write to Prime Minister Girija Prasad Koirala expressing your concern for the ongoing grave human rights violations being perpetrated by armed vigilante groups in Nepal. Please send a copy of your letter to the relevant authorities listed below.

 

 

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

SAMPLE LETTER

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

Dear Prime Minister Koirala,

NEPAL: Vigilante groups in Nepal must be disarmed and disbanded

I write to express my concern for the ongoing grave human rights violations being perpetrated by armed vigilante groups in Nepal. The horrific suffering and loss sustained in your country in the past may continue to occur if the vigilante groups that were set up and armed by the former Royal Nepal Army are not forced to surrender their arms. With the Nepalese Army having been brought under your government’s authority, following the adoption of the House of Representative’s Proclamation on 18 May 2006, I believe it is your responsibility to oversee and ensure the immediate disarmament and disbanding of these vigilante groups. I further believe that addressing any violations perpetrated by these proxy groups is likewise your government’s responsibility, including the bringing of perpetrators to justice and the provision of adequate reparation for the victim’s of violence by these groups.

The urgency of your required intervention is best illustrated by a recent case involving the murder of a three-year-old child by armed vigilantes. On 1 June 2006, armed vigilantes from the village defence forces killed the three-year-old son of Dharma Raj Barai, a Maoist cadre, and also injured two more of his children in Phulika VDC-3, Kapilvastu district. Dharma Raj is allegedly a Maoists' Ward Chairperson of Ward No. 3, Phulika VDC. At around midnight, vigilantes identified as Ram Milan Kharbinad (Jalalu), Chhotai and Pappu reportedly went to Dharma Raj Barai’s home and attacked his family members with swords. Dharma Raj had reportedly gone to Kathmandu to participate in a Maoists' Speech Programme scheduled for June 2. When the vigilantes did not find Dharma Raj at his home, they attacked his three children indiscriminately with swords. While two of the children required hospital treatment of their injuries, the youngest died after sustaining a deep sword wound to his head.

I am aware that there are many more such examples highlighting the larger problem of vigilante groups in your country. As stated I do not believe this problem will go away until your government directly intervenes in disarming and disbanding such groups. I therefore request your government to take this action without any further delay, so as to avoid any further human rights violations. I also urge your government to investigate all alleged violence and violations by these forces, to bring the alleged perpetrators to trial and to award adequate compensation to the victims and family members of all cases of vigilante violence.

Yours sincerely,
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PLEASE SEND A COPY OF YOUR LETTER TO:

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

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

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

4. 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

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-188-2006
Countries : Nepal,
Issues : Military, Police violence,