NEPAL: Alleged brutal attack of villagers by police in Dhanusha district

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-196-2007
ISSUES: Corruption,

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by its local partner in Nepal, the Advocacy Forum, of the alleged brutal attack on the villagers in Laxmipur Bagewa VDC, Dhanusha district by a group of the police personnel on 27 May 2007. At least 13 persons were reported to have been seriously injured during the attack. The incident was stirred due to the police forces’ demolition of the building of a community development service organization in the village. It is alleged that police corruption is involved in the conduct of the demolition.

CASE DETAILS:

At about 8:00am on 27 May 2007, 18 armed police personnel arrived in the Laxmipur Bagewa Village Development Committee (VDC)-2, Dhanusha district, Nepal. A group of 11 policemen was led by Mr. Ram Dular Mandal, the Sub Inspector (SI) and chief of the Mujeliya Police Station, while another group of 6 policemen were under the command of Mr. Bindeshor Yadav, the Assistant Sub Inspector (ASI) of the District Police Office, Dhanusha district.

When the police personnel arrived in the village, a local, Bindeshor Yadav led them towards the building of the Shree Laxminiya Social and Rural Development Service (SLSRDS), the development service organization for the community. Upon hearing the news, the villagers including Mr. Ganeshman Shah, the treasurer of the SLSRDS, went to the building. However, the SI Mr. Mandal did not pay any attention to them and ordered the police personnel to destroy the SLSRDS building.

When the treasurer, Mr. Ganeshman, asked him to produce the official letter from any higher government authority for the demolition of the building, SI Mr. Mandal reportedly replied that he had no such letter. He allegedly told Mr. Ganeshman that the police forces were destroying the building on his own orders.

Some 14-15 local villagers present at the scene requested the SI Mr. Mandal to halt the demolition, but the SI Mr. Mandal allegedly beat the treasurer Mr. Ganeshman with a stick as did some other policemen. Mr. Ganeshman was assaulted on his right arm, right leg, and waist with sticks and gun butts.

At the same time, the police personnel also attacked 14-15 villagers indiscriminately, also with sticks and gun butts. It is reported that at least nine persons received serious injuries. The attack continued for at least one and a half an hours. In the meantime, some of the police personnel took off the roof and demolished other parts of the building.

After that the squad of police further arrested two local villagers named Mr. Basanta Yadav and Mr. Ganeshman Shah. Meanwhile, at least 200 villagers gathered and blocked the police squad to prevent them from taking the two villagers. Then the police forces again assaulted people to disperse the crowd. Many of the villagers were beaten on their legs, hands, and thighs. A 50-year-old woman Ms. Somadevi Thapa was badly beaten up by the police and received head injuries. Meanwhile, Basant and Ganeshman managed to escape and the police forces then left the village.

The nine persons injured were later admitted to the Janakpur Zonal Hospital, Dhanusha district. They were all discharged on the same day. They had bruises and cuts on their legs, thighs and other parts of body. The medical reports confirm their injuries sustained from the police assault. The Advocacy Forum is providing them with medical and legal assistance. The nine persons are preparing to file cases under the Torture Compensation Act at the District Court, Dhanusha.

The confirmed list of the injured villagers during the police attack at the current stage is as follows:
 
1. Mr. Ganeshman Shah, aged 28; his medical report states, ‘blunt injury and pain, swelling on left thigh, bruises (7cm x ¼ cm) on left forearms’.
2. Mr. Basant Yadav, aged 26; his medical report states, ‘physically assaulted, blunt injuries, assault on back of mid chest…’
3. Mr. Tribhuvan Yadav, aged 23; his medical report states, ‘physically assaulted, bruises (2cm x 2cm) on left hand, 1½ x ½ cm) on left shoulder, (1½ cm x ½ cm) on left lower jaws, blunt injury…’ 
4. Mr. Om Prakash Yadav, aged 22; his medical report reads, ‘physically assaulted, bruises (5 cm x 2 cm) on right leg…’
5. Mr. Dinesh Shah, aged 21; his medical report reads, ‘wound (5cm x 3½ cm) on shoulder, bruise (2cm x 2cm) right knee…’ 
6. Mr. Amresh Yadav, aged 18; his medical report reads, ‘blunt injury on left hand, bruises (4cm x 2cm) on back…’ 
7. Mr. Dhirendra Kumar Yadav, aged 24; his medical reports reads, ‘blunt injury, swelling on thigh, hip and right lumber region, bruises (3cm x 2cm) on right shoulder…”
8. Mr. Suresh Yadav, aged 28, residence of Laxmipur His medical reports reads, “physically assaulted, blunt injury on back, bruises (3cm x 3cm on right elbow….” 
9. Mr. Bhola Yadav, aged 32; his medical report has not yet arrived
10. Mr. Baldev Yadav, aged 30; his medical report has not yet arrived
11. Mr. Bilas Kumar Yadav, aged 18; his medical report has not yet arrived
12. Mr. Umesh Kumar Yadav, aged 19; his medical report reads, ‘physically assaulted, blunt injury and pain on left lower things…’ 
13. Ms. Somani Devi Mandal, aged 50; her medical report has not yet arrived 
(The victims 1-6 resides Laxmipur VDC ward no. 3 Dhanusha district and the victims 7-13 resides ward no. 2 at the same VDC)

BACKGROUND INFORMATION:

In August 2006, the locals of Laxmipur Village Development Committee (VDC), Dhanusha district formed an organization named Shree Laxminiya Social and Rural Development Service (SLSRDS), which aims at involving the local people in different development projects within the community. After forming the organization, the locals also constructed a building on the government land at Laxmipur Bagewa VDC-2, Dhanusha district and continued official works.

It is alleged that one local named Mr. Bindeshor Yadav, whose land is nearby the SLSRDS building attempted to make the said government land under his property. It also alleged that he has a close connection with the SI Mr. Mandal of the Mujeliya police station. He reportedly called the police to demolish the building.

SUGGESTED ACTION:
Please write letters to the relevant authorities listed below and demand that thorough investigation has been conducted in this matter. Please also urge them to take legal action against those responsible. Adequate medical treatment and compensation should be granted.

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

SAMPLE LETTER

Dear _________,

NEPAL: Alleged brutal attack of the villagers by the police in Dhanusha district

I am disturbed to hear of the alleged brutal attack of the villagers in Laxmipur Bagewa VDC, Dhanusha district by a joint group of the police personnel on 27 May 2007. At least 13 persons have reportedly been seriously injured during the attack. The list of the 13 injured persons is as follows. The victims 1-6 resides Laxmipur VDC ward no. 3 Dhanusha district and the victims 7-13 resides ward no. 2 at the same VDC.

1. Mr. Ganeshman Shah, aged 28; his medical report states, ‘blunt injury and pain, swelling on left thigh, bruises (7cm x ¼ cm) on left forearms’.
2. Mr. Basant Yadav, aged 26; his medical report states, ‘physically assaulted, blunt injuries, assault on back of mid chest…’
3. Mr. Tribhuvan Yadav, aged 23; his medical report states, ‘physically assaulted, bruises (2cm x 2cm) on left hand, 1½ x ½ cm) on left shoulder, (1½ cm x ½ cm) on left lower jaws, blunt injury…’ 
4. Mr. Om Prakash Yadav, aged 22; his medical report reads, ‘physically assaulted, bruises (5 cm x 2 cm) on right leg…’
5. Mr. Dinesh Shah, aged 21; his medical report reads, ‘wound (5cm x 3½ cm) on shoulder, bruise (2cm x 2cm) right knee…’ 
6. Mr. Amresh Yadav, aged 18; his medical report reads, ‘blunt injury on left hand, bruises (4cm x 2cm) on back…’ 
7. Mr. Dhirendra Kumar Yadav, aged 24; his medical reports reads, ‘blunt injury, swelling on thigh, hip and right lumber region, bruises (3cm x 2cm) on right shoulder…”
8. Mr. Suresh Yadav, aged 28, residence of Laxmipur His medical reports reads, “physically assaulted, blunt injury on back, bruises (3cm x 3cm on right elbow….” 
9. Mr. Bhola Yadav, aged 32; his medical report has not yet arrived
10. Mr. Baldev Yadav, aged 30; his medical report has not yet arrived
11. Mr. Bilas Kumar Yadav, aged 18; his medical report has not yet arrived
12. Mr. Umesh Kumar Yadav, aged 19; his medical report reads, ‘physically assaulted, blunt injury and pain on left lower things…’ 
13. Ms. Somani Devi Mandal, aged 50; her medical report has not yet arrived

According to the information I have received, at about 8:00am on 27 May 2007, altogether 18 armed police personnel arrived in Laxmipur Bagewa VDC-2, Dhanusha district, Nepal and demolished the building of the Shree Laxminiya Social and Rural Development Service (SLSRDS), the development service organization for the community. One group of 11 policemen was led by SI Mr. Ram Dular Mandal of the Mujeliya Police Station, while another group of 6 policemen was led by the ASI Bindeshor Yadav of the District Police Office, Dhanusha district.

I am informed that although the SLSRDS treasurer Mr. Ganeshman asked the SI Mr. Mandal to produce the official letter from any higher government authority permitting the demolition, the SI Mr. Mandal failed to do so and simply told that the police forces were destroying the building on his own orders.

I am informed that some 14-15 villagers including Mr. Ganeshman present in the scene was allegedly beaten by the SI Mandal and other policemen for about one and a half hours. They were indiscriminately assaulted with sticks and butt of guns. It is reported that at least nine persons got serious injuries.

I am further informed that the police also attempted to arrest two villagers, Mr. Basanta Yadav and Mr. Ganeshman Shah. The policemen then allegedly attacked at least 200 villagers with bamboo sticks and butt of the guns who soon gathered and obstructed the police from taking the two villagers. At this time, a 50-yeaer-old woman Ms. Somadevi Thapa was badly beaten up by the police on her head. Meanwhile, Basant and Ganeshman could escape from police control.

As far as I am informed, the injured nine persons were later admitted to the Janakpur Zonal Hospital, Dhanusha district, where they all discharged on the same day. Their medical reports confirm their injuries sustained from the police assault.

I am informed that the alleged reason behind the said demolition is corruption. The villagers alleged that one local named Mr. Bindeshor Yadav, whose land is nearby the SLSRDS building attempted to make the said government land where the building was built on under his property. He allegedly has a close connection with the SI Mr. Mandal and called the police to demolish the building.

In light of the above, I strongly request you to order an immediate and proper investigation into the alleged brutal attack of villagers and unlawful demolition of the SLSRDS building by the joint police forces from the Mujeliya Police Station and District Police Office in Dhanusha. Strong sanction and legal action should be taken against responsible police officers including SI Mr. Mandal and the ASI Bindeshor Yadav. I also urge that adequate medical assistance and compensation are provided to the 13 injured victims. I also request you to ensure that proper compensation is given to the SLSRDS for damage of its property from the concerned police officers and Mr. Bindeshor Yadav, who are responsible for the demolition. Please also inquire about the alleged corruption between SI Mr. Mandal and Mr. Bindeshor Yadav and punish them if it is proven.

Yours truly,

—————–

PLEASE SEND YOUR LETTERS TO:

1. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593 
Email: info@nepalpolice.gov.np

2. Mr. Yagya Murti Banjade 
Attorney General 
Office of Attorney General
Ramshahpath, Kathmandu 
NEPAL
Fax: +977 1 4262582 
Email: rewtrp@hotmail.com

3. Mr. Krishna Sitaula 
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np

4. Chairperson 
National Human Rights Commission 
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org

5. Police HR Cell  
Human Rights Cell, 
Nepal Police
Email: hrcell@nepalpolice.gov.np

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-196-2007
Countries : Nepal,
Issues : Corruption,