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NEPAL: 24-year-old man allegedly tortured to death by Maoists

September 20, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

20 September 2006
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UA-311-2006: NEPAL: 24-year-old man allegedly tortured to death by Maoists

NEPAL: Torture; abduction; Impunity; Defunct Rule-of-Law.
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the alleged abduction, brutal torture and murder of a 24-year-old man, Mr. Santa Bahadur BK, by unidentified members of the Communist Party of Nepal (Maoist), in Ishaneshor Village Development Committee (VDC)-1 in Lamjung District, on the 6th September 2006. Despite the assurances of the Maoist Chief of the Lamjung District to bring the alleged culprits to justice, Santa Bahadur's murderers are still at large.

According to the information we have received, Santa Bahadur was at home with his family at the time of his abduction at 6:30pm on September 6th. His abductors, two yet unidentified members of the Communist Party of Nepal (Maoist), told him that they required his assistance on a "small job". Santa Bahadur was then taken to the nearby home of an elderly resident of Ishaneshor; soon thereafter, over 40 Maoists gathered at the home, and accused Santa Bahadur of having committed a theft in the village.

The Maoists then reportedly bound Santa Bahadur's hands and feet, and severely beat him with sticks; he suffered serious injuries to his back, legs, hands and most other parts of his body.

When by the next evening (September 7th), there was still no word of Santa Bahadur, around 300 local villagers gathered at the home as a sign of protest. The villagers did not believe the charges brought against him by the Maoists, and broke down the door to rescue him. By that time, Santa Bahadur's torturers had fled the scene; bar one, who was guarding the room in which Mr. Santa Bahadur's dead body was found.

Following Santa Bahadur’s death, the Maoist Chief of the Lamjung District has assured that those responsible for Santa Bahadur's torture and murder would be brought to justice; but as yet, no investigation has been conducted, nor has any action been taken against the perpetrators.

BACKGROUND INFORMATION: 

Unfortunately, Santa Bahadur’s case is not an exception, but rather one in an endless chain of crimes committed by Nepalese government security forces and Maoist groups. The conflict between the Nepalese government and Maoist armed groups has been raging since 1996. In a rapidly deteriorating internal security situation, Nepal has amongst the highest records of human rights violations in the world, particularly in recent years; notably torture, extra-judicial executions and disappearances, committed by both parties in the conflict.

Despite the overturning of King Gyanendra's coup- first staged on 1st February 2006- in April of this year, and the slow but sure beginnings of the democratic- and peace-building processes in Nepal, serious violations of fundamental human rights by both parties continue to go unpunished. While it is vital to bring an end to all hostilities under a unitary ceasefire agreement, just as important, is the need to achieve justice and redress for victims of torture, extra-judicial killings, disappearances and other human rights abuses. This must not be lost sight of in the struggle for long term stability; nor should it be sacrificed for short-term political gain. All sides involved in the conflict must be wholly committed to all peace-making endeavours in Nepal.

Therefore, the new civilian government must take the necessary measures in establishing and enforcing a much stricter code of discipline among the security forces, in order to bring an end to the gross atrocities previously committed by them. The recent appointment of the newly established government of Army Lieutenant General Rukmangat Katuwal- who stands accused of a plethora of human rights crimes- as Army Chief of Staff of Nepal is a cause for serious humanitarian concern (See further: AS-214-2006 and AS-203-2006). Political pressure must also be applied on the CPN (Maoist), in ensuring an end to the string of human rights atrocities committed by them, and also in ensuring that all guilty perpetrators (including of past unpunished crimes) will be held accountable. Otherwise, the future stability of the country remains precarious.

SUGGESTED ACTION:
Please write to the authorities listed below, expressing your grave concern and ethical denunciation of the abduction, torture and murder of Santa Bahadur, as well as the ongoing series of human rights violations committed by members of the CPN (Maoist). Please urge both parties to show greater dedication and take greater steps in ending Nepal’s ongoing track-record of endless inhumanities.

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Sample letter:

Dear __________,

NEPAL: An alleged abduction and murder of Mr. Santa Bahadur of Ishaneshor, Lamjung District, by Maoists

Name of victim: Mr. Santa Bahadur BK, resident of Ishaneshor VDC-1, Lamjung District, Nepal.
Name of alleged perpetrators: Unidentified members of the Communist Party of Nepal (Maoist) 
Date of incident: 6th September 2006.
Place of incident: Abducted from the victim's house and tortured to death in nearby house in Ishaneshor VDC-1, Lamjung District

I am writing to voice my deep concern regarding the abduction and brutal murder of Mr. Santa Bahadur BK by unidentified members of the Maoist Communist Party on 6th September 2006.

Santa Bahadur was abducted from his home at 6:30pm by two yet unidentified Maoists, and then taken to the nearby home of an elderly resident of Ishaneshor. Soon thereafter, over 40 Maoists reportedly gathered at the home, and accused Santa Bahadur of having committed a theft in the village. The next evening (September 7th), around 300 local villagers forcibly entered into the house where the victim was detained, and found Santa Bahadur's dead body in a back room. According to witnesses, serious bruising and injuries were found on the victim's back, legs, hands and most other parts of his body. By that time, Santa Bahadur's torturers had fled the scene; bar one, who was guarding the room.

I have also been informed that despite the assurances of the Maoist Chief of the Lamjung District to bring the alleged culprits to justice, Santa Bahadur’s murderers are still at large. In addition, I have not received any information of an official government investigation into this incident. I am deeply disturbed by this total absence of justice and application of proper legal procedure, as I am by the cold and callous brutality of the crime itself.

As a state party to the International Covenant on Civil and Political Rights, it is the primary responsibility of the Nepalese Government to protect the civil and political rights of its citizens, and to pursue redress and retribution when those rights are violated. I therefore request you to immediately inquire about this incident and ensure that those responsible are brought to justice without delay.

I understand that even though King Gyanendra's coup- first staged on 1st February 2006- was brought to an end in April of this year, and there have been slow but sure beginnings to the democratic- and peace-building processes in Nepal, gross violations of fundamental human rights continue to be committed by all parties in the conflict. I believe that without providing justice and redress for the victims of torture, forced disappearances and other abuses, the future stability of Nepal will remain a fragile prospect.

I therefore strongly urge both the Nepalese government and the Maoist Communist Party to take all necessary steps in establishing and enforcing a much stricter code of discipline among their forces in ending the current chain of gross inhumanities, and also in ensuring that all perpetrators of human rights violations- past, present and future- are brought to justice.

I look forward to your prompt and effective response in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.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. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org

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

5. Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-311-2006
Countries :
Issues :
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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.