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NEPAL: Extra-judicial killing of 32-year-old Bacha Ram Chaudari by the police

November 3, 2006

URGENT APPEAL URGENT APPEAL URGENT APPEAL URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

03 November 2006
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UA-359-2006: NEPAL: Extra-judicial killing of 32-year-old Bacha Ram Chaudari by the police

NEPAL: Extra-judicial killing; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information concerning the alleged extra-judicial killing of 32-year-old carpenter Bacha Ram Chaudari, a permanent resident of Rayapur Village Development Committee (VDC)-9, Rayapur, Saptari District, Nepal. Bacha Ram Chaudari was reportedly shot dead by police junior Ram Abatar Yadav of Area Police Station Rupani, Saptari on October 7, 2006, while he was returning home from Rupani Chock, Rayapur VDC.

According to the information received, at around 8 pm, police junior Ram Abtar Yadav attempted to detain Bacha Ram Chaudari at Raypur VDC-8. Bacha Ram Chaudari was reportedly dragged along the ground by Ram Abatar Yadav. The policeman reportedly threatened to shoot and kill Bacha Ram Chaudari. The victim managed to get free and attempted to escape, but was then allegedly shot in the back by Ram Abatar Yadav and fell to the ground having been hit twice. The policeman then reportedly kicked him several times while he was lying injured on the floor. The police claim that they were attempting to detain the victim because he was engaged in smuggling timber, but eyewitnesses and his family members deny that he was engaged in such activities. The police reportedly left the scene once they had shot Bacha Ram Chaudari. 

Police junior Ram Abatar Yadav was reportedly on patrol in Rayapur VDC-8 along with other two security personnel, but was alone at the time of incident. The police have claimed that he opened fire upon Bacha Ram Chaudari in self-defence as a response to an attack by the victim. Eyewitnesses claim that Bacha Ram Chaudari was unarmed.

According to the information received, the victim was later taken to Sagarmatha Zonal Hospital, Rajbiraj in a police van, before being transferred to B. P. Koirela Memorial Hospital Dharan, where he died. 

After the incident, local villagers reportedly demonstrated concerning the killing, calling for compensation to be provided to the victim's family and for proper action to be taken against the perpetrator. The chief district officer and Senior Superintendent of Police (SSP) of the district police office have given assurance that they would provide one million rupees as compensation to the family, but the family has not received anything to date. The AHRC welcomes the prospect of the family receiving compensation for their loss, but calls for this to result from the completion of the judicial process rather than as an out-of-court settlement, as the punishment of the perpetrator, which can only be assured through the judicial process is a necessary component of the process of attaining justice.

Members of the district police office have stated that the alleged perpetrator, Ram Abtar Yadav, has been suspended from his functions and that a probe committee has been formed under the coordination of Deputy Superintendent of Police (DSP) Pradip Shrestha. This is welcomed, although there are concerns that the probe committee's activities will not lead to the effective investigation or successful prosecution of the alleged perpetrator in this case. These concerns are based upon the fact that impunity for human rights violations, including extra-judicial killings, forced disappearance and torture, is rampant and remains one of the major challenges in the country. The authorities are urged to impartially and effectively investigate and prosecute this case and provide adequate reparation to the victim's family in the event of State responsibility in this case.
 

SUGGESTED ACTION:

The AHRC is seriously concerned by the alleged extra-judicial killing of Bacha Ram Chaudari by Ram Abatar Yadav of Area Police Station Rupani, Saptari on October 7, 2006. You are requested to write to the Nepali authorities to urge them to ensure that this case is promptly, impartially and effectively investigated and that any person found responsible for this killing be prosecuted, with adequate reparation being provided to the family of the victim.

To support this appeal, please click:
 
Sample letter:

Dear___________,

NEPAL: Extra-judicial killing of 32-year-old Bacha Ram Chaudari by the police

Name of victim of extra-judicial killing: Bacha Ram Chaudari, aged 32, carpenter by occupation, the permanent resident of Rayapur VDC-9, Rayapur, Saptari District, Nepal
Alleged perpetrator: Police junior Ram Abatar Yadav of Area Police Station Rupani, Saptari District, Nepal
Date of incident: At around 8pm on 7 October 2006
Place of incident: at Raypur VDC-8, Rayapur, Saptari District, Nepal

I am gravely concerned by information that I have received concerning the alleged extra-judicial killing of 32-year-old carpenter Bacha Ram Chaudari, a permanent resident of Rayapur VDC-9, Rayapur, Saptari District, Nepal. Bacha Ram Chaudari was reportedly shot dead by police junior Ram Abatar Yadav of Area Police Station Rupani, Saptari on October 7, 2006, while he was returning home from Rupani Chock, Rayapur VDC.

According to the information received, at around 8 pm, police junior Ram Abtar attempted to detain Bacha Ram Chaudari at Raypur VDC-8. Bacha Ram Chaudari was reportedly dragged along the ground by Ram Abatar Yadav. The policeman reportedly threatened to shoot and kill Bacha Ram Chaudari. The victim managed to get free and attempted to escape, but was then allegedly shot in the back by Ram Abatar Yadav and fell to the ground having been hit twice. The policeman then reportedly kicked him several times while he was lying injured on the floor. The police claim that they were attempting to detain the victim because he was engaged in smuggling timber, but eyewitnesses and his family members deny that he was engaged in such activities. The police reportedly left the scene once they had shot Bacha Ram Chaudari. 

Police junior Ram Abatar Yadav was reportedly on patrol in Rayapur VDC-8 along with other two security personnel, but was alone at the time of incident. The police have claimed that he opened fire upon Bacha Ram Chaudari in self-defence as a response to an attack by the victim. Eyewitnesses claim that Bacha Ram Chaudari was unarmed.

According to the information received, the victim was later taken to Sagarmatha Zonal Hospital, Rajbiraj in a police van, before being transferred to B. P. Koirela Memorial Hospital Dharan, where he died. 

After the incident, local villagers reportedly demonstrated concerning the killing, calling for compensation to be provided to the victim's family and for proper action to be taken against the perpetrator. The chief district officer and SSP of the district police office have given assurance that they would provide one million rupees as compensation to the family, but the family has not received anything to date.

I welcome the prospect of the family receiving compensation for their loss, but I call on you to ensure that will result from the completion of the judicial process rather than as an out-of-court settlement, as the punishment of the perpetrator, which can only be assured through the judicial process, is a necessary component of the process of attaining justice.

Members of the district police office have stated that the alleged perpetrator, Ram Abtar Yadav, has been suspended from his functions and that a probe committee has been formed under the coordination of DSP Pradip Shrestha. This is welcomed, although there are concerns that the probe committee's activities will not lead to the effective investigation or successful prosecution of the alleged perpetrator in this case. These concerns are based upon the fact that impunity for human rights violations, including extra-judicial killings, forced disappearance and torture, is rampant and remains one of the major challenges in the country.

I urge you to ensure that this case is impartially and effectively investigated and prosecuted, and that adequate reparation is provided to the victim's family in the event of State responsibility in this case.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Prime Minister Girija Prasad Koirala
Prime Minister's office
Singha Durbar
Kathmandu, Nepal
Fax: + 977 142 27286
Email: info@opmch.gov.np 

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

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

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

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

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

Thank you.

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



Document Type :
Urgent Appeal Case
Document ID :
UA-359-2006
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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.