NEPAL: Three young persons shot dead by security personnel and a girl among the victims were gang-raped before being killed in Pokahari Chauri-4, Kavre District

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-22-2004
ISSUES: Enforced disappearances and abductions, Extrajudicial killings, Sexual violence, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source of extra-judicial killings of two young girls and one young boy, Reena Rasaili (18), Subhadra Chaulagain (17) and Tasi Lama, by security personnel in Pokahari Chauri-4, Kavre District in Nepal on 13 February 2004. It is alleged that Reena Rasaili was gang-raped for about five hours by a group of security force before being killed. After the incident the perpetrators started to threaten the witnesses in order to cover up the case. Already, a 15-year-old girl named Maina Sunuwar, a daughter of the eyewitness of the killing of Reena Rasaili, has been arrested by security personnel and remains disappeared since 17 February 2004.

In Nepal, the arbitrary arrests, torture, forced disappearance and extra-judicial killings of individuals have become widespread after the armed conflict between the Nepalese authorities and the rebel Communist Party of Nepal (CPN) (Maoist) forces became violent since the breakdown of a cease-fire on 27 August 2003. Many extra-judicial killing cases have been reported from Nepal, and the country had one of the highest rates of disappearance in the world last year.

AHRC urges you to call for the impartial and immediate investigation on these cases and punishment of perpetrators by writing letters to the government of Nepal. Please also request the government to provide the protection to the witnesses while the investigation is going on.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The plainclothes army forces shot two young girls, named Reena Rasaili and Subhadra Chaulagain, between midnight of 12 and dawn of 13 February 2004 in the in Pokahari Chauri-4 village, Kavre District in Nepal. It is alleged that a group of security personnel also raped Reena before shooting her. There was a report about another extra-judicial killing of a young boy named Tasi Lama, who lives in the same village by security personnel on that same day.

Several family members and relatives of the victims were also tortured. However, the next day (13 February), the national radio broadcasted news stating that the security forces killed three Maoist named Reena Rasaili, Subhadra Chaulagain and Tasi Lama during the encounter with the Maoist rebels. Pokahari Chauri-4 village is a very remote area without access to the city and its hospitals, and is located forty-five kilometers away from Dolalghat and almost 150 kilometers far from the Kavre district headquarter.

CASE 1: Gang rape and execution of Ms. Reena Rasaili (Statement is based on the account of the victim’s father and aunt)

According to Karna Bahadur Rasaili, 53, the father of the victim of Pokhari Chauri VDC-4, Raikar, around 10 plainclothes armed security personnel came to his house at midnight and told him to open the door saying that they were friends of Comrade Deepak, who is his son who had joined the Maoist party. He did not open the door out of fear, so they broke the door and entered the house. After searching the house, the security personnel then pulled his daughter, Reena Rasaili from her bed even though Reena cried, “I am not a Maoist. I am a student of grade seven and social worker in Rural Energy Development Centre, Kavre.” About five security personnel took her to the cow-shed where other members of the family were not allowed to go, but could hear the crying. The rest of them went to the other neighbor’s houses. The victim’s aunt, Ms. Devi Sunuwar, (37) a permanent resident of Kavrethok VDC- 6, Kavre stated, “I did not hear any conversation between Reena and the security personnel. I only heard her painful crying and moaning voice from inside. It continued for almost five hours.” she reported.

At around 5:00 am the security personnel took Reena out from the cattle shed and brought her 100 meters northwest from there. Then, the victim’s father and the family members heard three or four rounds of firing. They could not go outside due to fear, and the security personnel left the house. In the morning, they found the body of Reena totally naked in the west side of their house. As her clothes including the undergarment were totally displaced, it appeared that she was raped before the killing. Reena sustained bullet injuries on her head, breast and eyes. She had injuries and scratches on her stomach and chest.

Separately, the security personnel took Mr. Murali, a brother in law of Ms. Devi Sunuwar who was sleeping at the same house, somewhere and later he appeared with a severe injury caused by brutal assault.

A recent development of the case:

On 17 February 2004, a group of security personnel arrested a 15-year-old schoolgirl as well as the daughter of Ms. Devi Sunuwar (aunty of Reena Raisaili and witness of the incident).

According to the girls’ father, Mr. Purna Bahadur, about 15 security personal in civilian clothes came to his house at about 6:00 am on 17 February and asked about his wife, Devi Sunuwar, who was absent from the house to see her mother in Pokhari Chauri VDC-4, Kavre. When they could not find Devi Sunuwar, the security personnel arrested Maina instead telling Purna Bahadur to bring his wife to Lamidada Army Camp if he wants his daughter to be released. On18 February 2004, he and his wife Devi accompanied the head master of the Bhagawati Higher Secondary School, the chairperson of the village and another 28 village people, to the Lamidada Army Camp, but the army authorities denied that they had arrested and detained Maina.

Case 2: Execution of Subhadra Chaulagain

At around 4:00 am on the same day (13 February 2004), Subhadra Chaulagain (17), a grade 9 student at Prava Secondary School, was also shot dead by the security forces near her house. She sustained injuries on her right cheek, stomach and about an inch below the right eye. Subhadra Chaulagain was dragged out from her bed, beaten up and shot dead by the security force, although she begged not to be killed but to instead be taken to the head quarter, where she would do whatever they wanted.

According to the victim’s father, Kedar Nath Chaulagain of Pokhari Chauri -3, Kavre, at midnight several security personnel came to his house. When his daughter’s friend, who was sleeping upstairs with his daughter, heard a voice from outside, he jumped up and ran away because of fear. The security forces fired at him but could not capture him. Then they took Subhadra outside. She cried, saying that she did not do anything wrong, and begged them to take her to the district headquarters instead of killing her. However, the army personnel started to beat her brutally and forcibly clinched her body. Her father and other family members were forced to remain inside of the house, and close the door and the windows. Then some time later they heard around 9 rounds of firing from the outside.

After that, four security personnel severely tortured her father, Mr. Kedar Nath Chaulagain (45). They punched him on his face, stomach and chest, blaming him for supporting the Maoists. He finally became faint from the severe beating. Although he was severely wounded, he could not go to hospital in Kathmandu because of treats by the security forces.

It is also reported that the victim’s younger brother, Ram Kumar Chaulagain (14), who witnessed the incident, became mentally disturbed. He does not take any food and water but rather goes to the dead body of his sister and offers her the food. The victim’s mother is also disturbed as she refuses food and weeps all the time.

Case 3: The execution of Tasi Lama

It is reported that Tasi Lama Team, who lived in the same village as the two above mentioned victims, was also shot dead by the security personnel at the same day (13 February 2004). However, the case details are unknown as of yet.

SUGGESED ACTION:
Please send a letter, fax or email to the addresses below expressing your concern of the extra-judicial killings of three young persons in Kavre District.

1. Surya Bahadur Thapa
Prime Minister
Prime Minister’s Office
Singha Durbar, Kathmandu,
NEPAL
Fax: + 977 1 4 227 286

2. General Pyar Jung Thapa,
Chief of Army Staff (COAS),
Army Headquarters
Kathmandu
NEPAL
Fax + 977 1 4 242 168

3. Deputy Brigadier General Nirendra Prasad Aryal
Head, Army Human Rights Cell
Army Headquarters
Kathmandu
NEPAL
Fax: + 977 1 4 226 292/ 229 451

4. H. E. Gyan Chandra Acharya
Ambassador
Permanent Mission of the Kingdom of Nepal
81 rue de la Servette,
1201 Geneva,
SWITZERLAND
Fax: +4122 7332722
E-mail: mission.nepal@ties.itu.int

5. Ms. Asma Jahangir
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: 92 42 5763 234
Fax: 41 22 917 9006 / 92 42 5763 236
Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk

6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016

 

 

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

SAMPLE LETTER

Dear

Re: Three young persons shot dead by security personnel and a girl among the victims was gang-raped before being killed in Pokahari Chauri-4, Kavre District

I am greatly concerned by the reports of the extra-judicial killing cases of Reena Rasaili (18), Subhadra Chaulagain (17) and Tasi Lama by security personnel in Pokahari Chauri-4, Kavre District on 13 February 2004.

The details of this extra-judicial killing are frightening and horrific. It is alleged that the 18-year-old young girl Reena Rasaili was gang-raped by the security personnel for about five hours prior to her execution. Separately, they also brutally assaulted Subhadra Chaulagain’s fatehr, Mr. Kedar Nath Chaulagain (45), and a relative of Reena Rasaili, Mr. Murali on the same day. Moreover, the security forces allegedly threatened the witnesses to cover up the case by arresting them. It is reported that a 15-year-old girl Maina Sunuwar, a daughter of one eyewitness of the killing of Reena Rasaili, has been arrested and remains disappeared since 17 February 2004.

Given the frequency and use of the most cruel forms of torture and extra-judicial killing by the security personnel, the army forces has not only became associated with committing barbaric actions, but is also making the impression that the government is failing to comply with the constitutional guarantees of rights to the people of Nepal.

I strongly urge you to order the impartial and immediate investigation of these serious cases and bring the responsible persons before an impartial tribunal, and apply the penal and/or administrative sanctions provided by law. I also urge the government of Nepal to fully guarantee the safety of witnesses and compensate to them. I further urge you to find the whereabouts of Maina Sunuwar as soon as possible. The government of Nepal must take strong and immediate action to stop further extra-judicial killings by the security personnel.

Sincerely yours,

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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)