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NEPAL: Forced disappearance of Des Raj Chauhan by members of the security forces

November 8, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

8 November 2006
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UA-365-2006: NEPAL: Forced disappearance of Des Raj Chauhan by members of the security forces

NEPAL: Arbitrary detention; forced disappearance; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information concerning the forced disappearance of Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal. Des Raj Chauhan was reportedly arrested by three plainclothes security personnel from Area Police Station, Kohalpur, Banke district on October 31, 2006 at around 4:30 pm. The plainclothes men allegedly told Des Raj Chauhan that he had been summoned by the man in charge of the local Maoists Area, called Bishow. However, after his arrest, Des Raj Chauhan was taken to the Area Police Station Kohalpur. Since this time his whereabouts remain unknown. There are serious concerns for Des Raj Chauhan's personal integrity.

The victim's mother, Munni Chauhan, was taken to the police station by two police officers on November 1, 2006, but has stated that she returned home alone. The Police Inspector of the Kohalpur Area Police Station, Bed Raj Khanal, has claimed that Des Raj Chauhan was released on the second day of his arrest in the presence of his mother, but she has denied the claim. The Police Inspector further claimed that Des Raj Chauhan had been arrested on November 1, and released the next day, but his family insists that he had been arrested on October 31 and had not been released since then. Police Inspector Bed Raj Khanal had reportedly prepared a written document and Munni Chauhan was made to sign it without being allowed to read its contents, before being sent home. She claims that the police had sent her home saying that Des Raj Chauhan would be released after some inquiries regarding his citizenship, as he does not have Nepali citizenship. Des Raj Chauhan's family moved to Ganpur VDC, Nepal from India some 15 year earlier.

On November 2, 2006, Des Raj Chauhan's relative, Ghanashyam Loniya, and Nepal Trade Union member Akbar Khan reportedly went to the Kohalpur Area Police Station to collect information about Des Raj Chauhan. In addition, on the same day, his father accompanied by other local persons went to police station to ascertain Des Raj Chauhan's whereabouts and personal integrity. In both cases the police officers again told the visiting persons that Des Raj Chauhan had been released. The security forces even reportedly suggested that they go to the Banke District Police Office to collect more information.

A team of local human rights organizations, including Advocacy Forum, visited the Area Police Station and met with Police Inspector Bed Raj Khanal. He repeated the claim that Des Raj Chauhan had been already released in the presence of his mother. He added that he had been arrested for being drunk and behaving violently at Piprahawa Chock, Banke district. The team was also able to see the certificate allegedly produced as the result of a medical examination conducted on the victim, reportedly to verify if he was indeed under the influence of alcohol. However, there are concerns as to its veracity, as there was no signature by a doctor or stamp from the hospital, meaning that it is potentially a falsified document. 

On November 6, 2006, the victim’s mother registered a complaint at the District Police Office, calling for her son's whereabouts to be disclosed. The complaint was registered under registration number 4361.

There are serious concerns for the physical and psychological integrity of Des Raj Chauhan. Nepal has amongst the worst records for forced disappearance throughout the world in recent years, with many of the disappeared never resurfacing. It is imperative that the authorities immediately locate the whereabouts of Des Raj Chauhan and release him in the absence of any valid legal charges against him. If such charges exist, he should be granted access to family members, medical assistance and legal representation, and promptly brought to trial before an impartial court, in line with the international standards of fair trail. Investigations into his forced disappearance, and any ill-treatment that he may have suffered, need to be launched immediately, with the perpetrators of these acts being brought to justice and sentenced in line with international standards for their crimes. Adequate reparation should also be provided to the victim and his family.

SUGGESTED ACTION:
The AHRC is seriously concerned by this case of forced disappearance and urges you to write to the authorities for them to take immediate action in this case. Despite positive changes in Nepal in the last year, the continuing use of forced disappearance is a serious concern. Nepal has been the scene of grave human rights violations, notably forced disappearances, over recent years and there is both a need and an opportunity at this time to bring an end to such practices.
 
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Sample letter:

Dear___________,

NEPAL: Forced disappearance of Des Raj Chauhan by members of the security forces

Name of victim: Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal.
Alleged perpetrators: members of the Area Police Station, Kohalpur, Banke district
Place of incident: Arrest in Piprahawa Chock, Ganpur VDC-6, Banke district and detention/disappearance in Kohalpur, Banke district
Date of incident: October 31, 2006 at around 4:30 pm

I am gravely concerned by information that I have received concerning the forced disappearance of Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal. Des Raj Chauhan was reportedly arrested by three plainclothes security personnel from Area Police Station, Kohalpur, Banke district on October 31, 2006 at around 4:30 pm. The plainclothes men allegedly told Des Raj Chauhan that he had been summoned by the man in charge of the local Maoists Area, called Bishow. However, after his arrest, Des Raj Chauhan was taken to the Area Police Station Kohalpur. Since this time his whereabouts remain unknown. There are serious concerns for Des Raj Chauhan's personal integrity.

The victim's mother, Munni Chauhan, was taken to the police station by two police officers on November 1, 2006, but has stated that she returned home alone. The Police Inspector of the Kohalpur Area Police Station, Bed Raj Khanal, has claimed that Des Raj Chauhan was released on the second day of his arrest in the presence of his mother, but she has denied the claim. The Police Inspector further claimed that Des Raj Chauhan had been arrested on November 1, and released the next day, but his family insists that he had been arrested on October 31 and had not been released since then. Police Inspector Bed Raj Khanal had reportedly prepared a written document and Munni Chauhan was made to sign it without being allowed to read its contents, before being sent home. She claims that the police had sent her home saying that Des Raj Chauhan would be released after some inquiries regarding his citizenship, as he does not have Nepali citizenship. Des Raj Chauhan's family moved to Ganpur VDC, Nepal from India some 15 year earlier.

On November 2, 2006, Des Raj Chauhan's relative, Ghanashyam Loniya, and Nepal Trade Union member Akbar Khan reportedly went to the Kohalpur Area Police Station to collect information about Des Raj Chauhan. In addition, on the same day, his father accompanied by other local persons went to police station to ascertain Des Raj Chauhan's whereabouts and personal integrity. In both cases the police officers again told the visiting persons that Des Raj Chauhan had been released. The security forces even reportedly suggested that they go to the Banke District Police Office to collect more information.

A team of local human rights organizations, including Advocacy Forum, visited the Area Police Station and met with Police Inspector Bed Raj Khanal. He repeated the claim that Des Raj Chauhan had been already released in the presence of his mother. He added that he had been arrested for being drunk and behaving violently at Piprahawa Chock, Banke district. The team was also able to see the certificate allegedly produced as the result of a medical examination conducted on the victim, reportedly to verify if he was indeed under the influence of alcohol. However, there are concerns as to its veracity, as there was no signature by a doctor or stamp from the hospital, meaning that it is potentially a falsified document. 

On November 6, 2006, the victim’s mother registered a complaint at the District Police Office, calling for her son's whereabouts to be disclosed. The complaint was registered under registration number 4361.

I am seriously concerned about the risks to Des Raj Chauhan's physical and psychological integrity. Nepal has amongst the worst records for forced disappearance throughout the world in recent years, with many of the disappeared never having resurfaced. I urge you to ensure that Des Raj Chauhan's whereabouts are immediately located and that he is released in the absence of any valid legal charges against him. If such charges exist, he should be granted access to family members, medical assistance and legal representation, and promptly brought to trial before an impartial court, in line with the international standards of fair trail. Investigations into his forced disappearance, and any ill-treatment that he may have suffered, need to be launched immediately, with the perpetrators of these acts being brought to justice and sentenced in line with international standards for their crimes. Adequate reparation should also be provided to the victim and his family.

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

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-365-2006
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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.