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NEPAL: No proper investigation has yet been done into an alleged rape case of two women by Nepal Armed Police

December 18, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

18 December 2006
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UA-405-2006: NEPAL: No proper investigation has yet been done into an alleged rape case of two women by Nepal Armed Police

NEPAL: Rape; violence against women; need for effective police investigation; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you about the case of two women from Surkhet district in Nepal who were raped by the two Nepal Armed Force security officers, and the fact that no proper investigation into the case has been conducted. One of the arrested alleged perpetrators have denied the fact that they committed rape of these two women. The AHRC raises attention to this case and calls for a proper and fair investigation to be conducted by the local police.

CASE DETAILS:

According to the information we have received, on 9 November 2006 at around 8:00pm, two security personnel of Armed Police Force, Chakra Bahadur and Padam Bahadur, came to the house of Ms. J.S (an initial of the victim's name was only mentioned to safeguard her identity) in Kunathari Village Development Committee (VDC) in Surkhet district. They asked Ms. J.S. who was working in the kitchen that whether there was any liquor in her house. Ms. J.S. replied that they had none but these two Armed Police Force officers seemed not to care about her answer.

Miss. B.S. (an initial of the victim's name was only mentioned to safeguard her identity), a daughter of Ms. J.S., was sitting in the corridor of the home and she was in her menstruation period. After questioning about the liquor, Padam Bahadur entered the kitchen and Chakra Bahadur approached the daughter. Both of these men were already drunk at the time, and they eventually started misbehave in front of the mother and a daughter. Soon they allegedly started to behave in a rude manner to these women. They then grabbed the daughter and the mother and brutally raped them.

The victims kept crying and tried to escape from these men's brutal action, however they could not get any helps until Ms. J.S.'s husband came back home. Soon after the husband came back home, the two rape perpetrators fled from the house quickly.

Some local villagers who heard about the incident came to the victims' house shortly after the incident. The locals and the family members of the victims had searched for the perpetrators throughout the village and they found Chakra Bahadur who was hiding at his sister's house in Kunathari VDC-7, Surkhet district.  The other perpetrator was not found that time.

On the morning of the next day on November 10, the local people went to the District Police Office (DPO) in Surkhet district to lodge complaint of the rape. A few hours later on that day, the security forces went to Baddichaur in Surkhet district, which is nearby of the victim's house and took Chakra Bahadur to the police office. Ms. J.S. along with security forces and some of her family members went to the district police office and made a report about her case in her own words. However her case was filed as First Information Report (FIR) only on November 16 against the two perpetrators.

The AHRC has also been reported that the medical check for the two female victims have not been conducted until now due to police inaction. On the contrary, the district police officers dealing with this case allegedly said that the medical examination is not necessary for the investigation of this case. Strangely, the victim's family was not informed about this. According to the information we have received, the police investigators had collected the victims' under garments and they sent Chakra Bahadur, one of the perpetrators to the district hospital in Surkhet for medical examination.

Chakra Bahadur who now is in police custody at the district police officer in Surkhet admitted that he had caught Miss. B.S. by her breast of but denied raping her. Moreover, Chakra said that he did not know anything about what his companion, Padam Bahadur did to the mother in the kitchen.

It has been reported that the police have not been actively conducting an investigation into the case and the search of the other perpetrator Padam Bahadur. The AHRC condemns that the reluctant attitude of the district police officers as it is not appropriate for the alleged victims. Such police behaviour apparently tolerates brutal violence against women including rape. Moreover, it would also tolerate the impunity of the government officials at any levels including security forces which would thus accelerate the corruption in the police and other authorities. We also demand the local police and judiciary act in accordance with the victims' rights to access all legal remedies so that they will not be diminished by state officials.


SUGGESTED ACTION:
Please write letters to the concerned authorities listed below and urge them to bring the two perpetrators to the justice for their brutal acts on the two innocent women. A thorough and fair investigation into this rape case as well as the search of the other perpetrator Padam Bahadur is necessary for justice in this case. Also please urge the government authorities to provide legal remedies to the victims without further delay.  

To support this appeal, please click:

Sample letter:

Dear __________,

NEPAL: No proper investigation has yet been done into an alleged rape case of two women by Nepal Armed Police

Name of victim killed:
1. Ms. J.S. (an initial of the victim's name was only mentioned to safeguard her identity), 35 years old female from Kunathari Village Development Committee Ward number 7, Surkhet district, Nepal
2. Miss. B.S. (an initial of the victim's name was only mentioned to safeguard her identity), 19 years old female, a daughter of Jasuda
Alleged perpetrators:
1. Charka Bahadur Tarimagar, 21 years old, officer of the Armed Police Force of Raktakali Gan, Surkhet district
2. Padam Bahadur G.C., 21 years old, officer of the Armed Police Force of Raktakali Gan, Surkhet district
Place of incident: House of the victims at Kunathari Village Development Committee Ward number 7, Surkhet district, Nepal
Date of incident: 9 November 2006

I am writing to you to express my deepest concern about the alleged rape case of a mother and her daughter from Surkhet district by the two security forces of the Armed Police Force of Raktakali Gan, Surkhet district on 9 November 2006.

According to the information I have received, the two drunken security forces, Charka Bahadur (21) and Padam Bahadur (21), came to the house of Ms. J.S. (35) in the Kunathari Village Development Committee Ward number 7, Surkhet district on 9 November 2006. The both offices started to give misbehaviour to the mother and a daughter and eventually forced to lie them down on the floor and raped them brutally. The perpetrators had escaped from the house soon as Ms. J.S.'s husband came home.

One perpetrator Chakra Bahadur was captured by the local villagers on the same day, while the other perpetrator is still at large. I was informed that Chakra Bahadur was arrested by police on the next day on November 10. Since then, he is currently in police custody at the district police office in Surkhet district.

I am deeply concerned by the apparent inaction by the police in this case.

1. Ms. J.S. went to the district police office and gave her statement regarding the incident on November 10. However, her case was filed as First Information Report (FIR) only on November 16 against the two perpetrators.

2. I was informed that the medical check for the two female victims have not been conducted until now. I am afraid that crucial medial evidence might be destroyed due to such inaction by the police. Shockingly, the district police officers dealing this case allegedly said that the medical examination is not necessary for the investigation of this case. Strangely, the victim's family was not informed about this fact.

3. To date, the police have failed to arrest the other alleged rapist Padam Bahadur.

4. Chakra Bahadur admitted that he had caught breast of Balkumari but denied the fact of raping the daughter. Moreover, Chakra said that he did not know anything that his accompany Padam Bahadur was doing in the kitchen. I am afraid that the police seem to take up his version while not conducting any serious investigation into this alleged rape case.

I believe that reluctant attitude of the district police officers would accelerate the corruption in the police and may lose the public confidence in the police officers. The police should conduct a thorough and prompt investigation into brutal criminal cases including rape case in order to retain order and justice. I am afraid that such laziness in the police behaviour would tolerate brutal violence against women including rape. Moreover, it would also tolerate the impunity of the government officials at any levels including security forces which would thus accelerate the corruption in the police and other authorities.

I therefore urge you to immediately intervene in this case so that a thorough and a fair investigation will be conducted immediately. Padam Bahadur should be arrested without further delay and both perpetrators should be brought to justice as soon as possible. I also urge you to take necessary steps to make the local police and judiciary would act in accordance with the victims' rights to access all legal remedies so that they will not be diminished by state officials. I further request you to order an inquiry into the alleged police inaction particularly whey the police failed to conduct the medical exam on the victims, delayed to file their complaints and failed to inform important development of the case to the family of the victims. If it is proven that the police inaction is actually due to corruption or other illegal elements, strong action should also been taken against those responsible.

I trust that you immediately take action in these cases.

Yours sincerely,


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PLEASE SEND YOUR LETTER 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
Kathmandu
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
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np 

6. Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Email: hrcell@nepalpolice.gov.np
 
7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-405-2006
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.