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NEPAL: Man forcibly disappeared and another severely tortured by the Young Communist League affiliated to the Maoists

July 13, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

13 July 2007
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UA-219-2007: NEPAL: Man forcibly disappeared and another severely tortured by the Young Communist League affiliated to the Maoists

NEPAL: Abduction and disappearance; torture; impunity; threat
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two cases relating to torture and abduction allegedly committed by the Young Communist League (YCL) which was affiliated to the Communist Party of Nepal (Maoists) (CPN (M)). After the Comprehensive Peace Agreement between the Government of Nepal and CPN (M) on 21 November 2006, the CPN (M) has been involved in the interim government since 1 April 2007. Even though this interim government means cornerstone of Nepal's history, the AHRC is still concerned continuing abduction and torture. As official parties to the interim government, they have the primary obligation to investigate those cases and bring the alleged perpetrators to justice. The AHRC also urges the Maoists in the interim government to put their every effort to end such alleged violation committed by the YCL and bring the peace in the country.

CASE DETAILS:

CASE 1:

Around 11am on 5 July 2007, Mr. Prakash Thakuri, 43, a resident of Mahendranagar Municipality ward No. 1 in the Kanchanpur District, was abducted by members of the Maoist-affiliated YCL. According to Mrs. Janaki Thakuri, Mr. Thakuri's wife, approximately 10 members of YCL entered their home, asking for the whereabouts of her husband. They did not believe her when she responded that Mr. Thankuri was not at home, and they searched the entire house. According to Mr. Thakuri's 14-year-old son, at least one of the members had a pistol in his pocket. Unable to find him, the YCL members looked for him at the house of Mr. Dill Bahadur Kadayat, Mr. Thakuri's neighbor. However, he was not there either.

Then the YCL members proceeded to ask the locals for information which led them to the house of Shiv Raj Rana in Suda Village Development Committee ward No. 1 in the same district. There they found Mr. Thakuri and allegedly tied his hands behind his back and slapped him on the cheek. Then they sat him on a motorcycle between two YCL members and drove off while Mrs. Thakuri stood by helplessly.

Mrs. Thakuri has said that 15 to 20 days prior to the abduction, she saw Mr. Pom Lal Sharma, owner of a medical shop in Mahendranagar and a member of the YCL who told her that the YCL was searching for her husband. When she recognized Mr. Bhandari as one in the group of abductors, she knew that it was the YCL abducting her husband.

Mr. Thakuri was a supporter of King Gynendra and actively worked after the Royal Takeover on 1 February 2005. He is also a central committee member of the Federation of Nepalese Journalists (FNJ). It is known that some days before his abduction, some Maoists had also searched for him in local homes. However, they could not find him, because he was staying in Kathmandu until only 5 days before the incident occurred.

Mr. Thakuri's family members have spoken to local Maoist leaders about his abduction but these leaders only denied the abduction. On 8 July, his family informed the District Police Office in the Kanchanpur District about the incident, and the police subsequently arrested YCL member Mr. Pom Lal Sharma for investigation that same day. Mr. Sharma is still under investigation. However, Mrs. Janaki Thakuri, as the victim's family member has been denied to be involved in getting any information and Mr. Thakuri's whereabouts remains still unknown.

CASE 2:

On 8 July 2007, Mr. Ram Prasad Rana, resident of Daiji Village Deveopment Committee-6, Jadepani, Kanchanpur District, was abducted by members of the YCL. He was allegedly taken to the YCL office, located in Sisiya, Kanchanpur, where his hands and legs were tied and he was severely beaten with sticks from 10am to 3pm on the following day, 9 July. He was also beaten on the night of 9 July before he was rescued by a team of police from the District Police Office in Kanchanpur around 11am the next day, 10 July. He was admitted into the Mahakali Zonal Hospital of Kanchanpur, where he still lies in Bed No. 1of the male ward. His body is severely bruised.

Mr. Ram Prasad Rana used to work for the Royal Nepal Army before moving in 2004 to Banglor, India, where he worked at a private production company. During this time, Mr. Ram Prasad and Mr. Uddhat Singh Bista, a Kanchanpur local and a core member of the YCL, used to work in the same locality in India. When they worked there, Mr. Bista allegedly threatened to kill Mr. Ram Prasad accusing him of mishandling the company funds which Mr. Ram Prasad denied. Mr. Ram Prasad returned Nepal in 2005. It was later known that Mr. Bista had given an application to YCL against Mr. Ram Prasad. A member of YCL called Mr. Ram Prasad at the home of Area Commander Mr. Laptan Rana on July 7 but Mr. Ram Prasad did not go there. Consequently some members of YCL came and took Mr. Ram Prasad to the YCL office located at Sisiya, Kanchanpur. Mr. Laptan Rana with some members of YCL tortured him. No investigation has been conducted as of now and furthermore, the YCL has threatened Mr. Ram Prasad to beat his younger brother who is currently working for the Nepal Army.

BACKGROUND INFORMATION:

The Communist Party of Nepal (Maoists) has formally ended the armed conflict in the country on 21 November 2006 and entered into the 'Interim Legislature-Parliament' on 15 January 2007. Further on 1 April 2007, five ministers of CPN (M) were involved in oath taking ceremony before the interim legislature parliament. The arrival of Maoists in interim government since April 1 marked the beginning of new era in Nepalese history. (For details, please see UA-134-2007)

According to the 7.1.4 of Comprehensive Peace Agreement between the government of Nepal and the Maoists, "Both sides would not be involved in the acts of torture; kidnapping; and forcing the civilians in any work and take necessary action to discourage such acts". 5.2.6 of the Agreement also says, "Both sides pledge to abandon all types of war, attack, counter-attack, violence and counter-violence in the country with a commitment to ensure loktantra, peace and forward-looking change in the Nepali society. It is also agreed that both the sides would assist one another in the establishment of peace and maintaining of law and order."

The AHRC urges the representatives of Maoists in the interim government to end such alleged violations committed by the YCL affiliated to CPN (M), which was established 3 month ago and bring the peace in the country.

SUGGESTED ACTION:
Please write to the relevant authorities listed below demanding their urgent intervention into these cases.

To support this appeal, please click here:

Sample Letter:

Dear ___________,

NEPAL: Man forcibly disappeared and another severely tortured by the Young Communist League affiliated to the Maoists

CASE 1:
Name of disappeared person: Mr. Prakash Thakuri, 43, resident of Mahendranagar Municipality ward no. 1, Kanchanpur District
Alleged perpetrators: Approximately 10 members of the Young Communist League (YCL), including Mr. Pom Lal Sharma
Place of incident: Shiv Raj Rana's house, Suda Village Development Committee ward no. 1, Kanchanpur District
Date of incident: 5 July 2007 to present

CASE 2:
Name of victim: Mr. Ram Prasad Rana
Alleged perpetrators: Mr. Laptan Rana, Area Commander of members of the Young Communist League (YCL) and some members of YCL
Place of incident: Young Communist League office, located in Sisiya, Kanchanpur
Date of incident: 8 to 9 July 2007

I am deeply concerned by the two human rights abuses cases related to torture and disappearance allegedly committed by the Young Communist League (YCL) newly formed as young people at about 5 months ago which is affiliated to the Maoists, which took place since the Communist Party of Nepal (Maoists) has officially become the party of the interim government after the Comprehensive Peace Agreement with the government of Nepal. The detailed information of two cases is described below.

Mr. Prakash Thakuri (43) was abducted by members of the Maoist-affiliated YCL around 11am on 5 July 2007. According to Mrs. Janaki Thakuri, Mr. Thakuri's wife, approximately 10 members of YCL entered their home, asking for the whereabouts of her husband. Finally they found Mr. Thakuri at Shiv Raj Rana's house and allegedly tied his hands behind his back and slapped him on the cheek. Then, they sat him on a motorcycle and took him away. His family members informed to local Maoist leaders about this abduction but denied the abduction. On 8 July, his family informed the District Police Office in the Kanchanpur district. Police subsequently arrested YCL member Mr. Pom Lal Sharma for investigation. However, Ms. Thakuri, as the victim's wife, has not been involved in getting any information about his hunband's whereabouts from the police so far.

In another case, Mr. Ram Prasad Rana was abducted by members of the YCL on 8 July 2007. He was allegedly taken to the YCL office, located in Sisiya, Kanchanpur, where his hands and legs were tied and he was severely beaten by Mr. Laptan Rana, Area Commander and some members of YCL by sticks from 10am to 3pm on the following day, 9 July. He was also beaten on the night of 9 July before he was rescued by a team of police from the District Police Office in Kanchanpur around 11am the next day, 10 July. He was admitted into the Mahakali Zonal Hospital of Kanchanpur, where he still lies in Bed No. 1of the male ward. His body is severely bruised. No investigation has been conducted into this matter and furthermore, the YCL has threatened Mr. Ram Prasad to beat his younger brother who is currently working for the Nepal Army.

While welcoming the efforts of both parties to restore peace and constitutional democracy in Nepal since the Comprehensive Peace Agreement by the government of Nepal and the Maoists in 21 November 2006, I am concerned that the trend of abductions, torture are allegedly continued. As the YCL has been formed at about 5 month ago affiliated to the Maoists to cover young people, I firmly believe that the Communist Party of Nepal has main responsibility to abandon all types of human rights violations as pledged in 5.2.6 of the Agreement.

As official parties to the interim government, I believe that interim government has primary obligation to conduct a proper impartial investigation into the cases mentioned above and bring the alleged perpetrators to justice as soon as possible. I also request the interim government to provide effective protection to the victims who are under threats. I also request the representatives of Maoists in the interim government to put their effort in order to end such alleged violations committed by YCL and bring the peace in the country.

I look forward to your prompt intervention into this matter as a matter of urgency.

Yours sincerely,


________________________

PLEASE SEND YOUR LETTERS TO:

1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np 

2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attnoney@mos.com.np

3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org 

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

5. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np 

6. Mr. Krishna Bahadur Mahara
Minister for Information and Communications
Singh Durbar, Kathmandu
NEPAL
Tel: +977 1 4228333
Fax: +977 1 4266400
E-mail: moichmg@ntc.net.np 

7. Mr. Dev Gurung
Minister for Local Development
Ministry of Local Development
Sri Mahai, Pulchowk
Lalitpur
NEPAL
Tel: +977 1 5523329
Fax: +977 1 5522045
E-mail: min@mid.gov.np 

8. Mr. Matrika Yadav
Minister for Forest and Soil Conservation
Singh Durbar, Kathmandu
NEPAL
Tel: +977 1 4220160
Fax:+977 1 4258184

9. Ms. Hisila Yami
Minister for Works and Physical Planning
Singhadurbar, Kathmandu
Nepal
Tel: +977 1 4228670
Fax: +977 1 4258184

10. Mr. Khadga Bahadur Biswokarma
Ministry of Women Children and Social Welfare
Singha Durbar, Kathmandu
Nepal
Tel: +977-1-4241816
Fax: +977-1-4241516 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-219-2007
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.