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NEPAL: Alleged rape of two teenage girls by Nepalese police

October 27, 2003

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

27 October 2003

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UA-66-2003: NEPAL: Alleged rape of two teenage girls by Nepalese police

NEPAL: Violence against women; danger of police inaction

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Dear Friends

The Asian Human Rights Commission (AHRC) has received information that two young girls, Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old), were gang-raped by seven armed police force personnel attached to the police precinct of Kohalpur in Far Western region, Nepal. The victims have filed a complaint against the perpetrators and the perpetrators have been detained by the police. However, the perpetrators have threatened the victims to withdraw the complaint against them. More seriously, even the police of the district police office Banke that is conducting the investigation have pressured the victims several times to compromise with the perpetrators. Now, the victims are worrying about their security. In Nepal, there are numerous rape cases by the police, who then continue at their jobs without any punishment or discipline.

AHRC requests you to express your concern to the local authorities about this serious case and pressure them to conduct an immediate and thorough investigation on this matter.

Urgent Appeals Desk

The Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

- Name of the victims: Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old) of Belawa-5, Mahadev Village, Bardiya District

- Name of Perpetrators: Sub Inspector Judda Bahadur Shahi, Police Constable Upendra Khadka, Policemen Bhim Bahadur Chand, Ram Bahadur Sunar, Bhakta Bahadur Nepali, Mangit Oli and Hariji attached to the District Police Precinct Banke (they are now in detention of the District Police station of Banke)

- Date of incident: 27 September 2003

- Case status: Danger of inaction due to police pressure

Details of incident:

Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old) were working as day laborers in the building construction site of the Armed Police in Rajhena, Banke. On the night of 27 September 2003, both of the victims and one male worker named Sarju were sleeping in a dormitory room at the construction site. Seven armed policemen, named above, came to their place and asked how many were in the room. After they found out there were two girls and one boy, the policemen entered the room, switched off the light, and threatened the male worker. Then they forced the victims to go outside with them.

The policemen took the victims to a nearby garden and gang-raped them. Four different policemen raped each of them and one policeman raped both of them. Altogether all seven policemen were involved in the rape. While they were raping the victims, the policemen threatened them that they would kill both of them if they would shout or make any noise. After the rape, the policemen told the victims to go back to the dormitory room and remain quiet and work as normal.

After they went back to the room, the victims explained to the male worker what had happened to them. The next morning (28 September) when the contractor (Thekedar) came to the construction site, they explained to him about the incident, too. With the assistance of the contractor, the victims reported the incident to the police station. The policemen interrogated the victims and recommended them to go to the District Police Precinct, Banke. On 30 September 2003, both of the victims and Chinki Chaudhari's father, Mr. Miju Chaudhari, went to District Police Precinct, Banke, and made a complaint against the perpetrators. During their visit to Banke, the police paid for their stay in the hotel for one night and took the victims to the Kohalpur Medical College for medical examinations. After making the complaint, the seven perpetrators have been kept in police custody for investigation at the District Police Precinct, Banke.

According to Janaki's testimony, "I became ill after the incident. I had fever for three days and I had pain. I still have terrible nightmares about the policemen raping me. I am scared and worried all the time." Chinki also reported being ill after the incident.

Danger of police inaction and cover-up of the case

On 25 October 2003, there was a first hearing in the District Court, Banke, in order to decide whether to detain the accused or release them on bail. The court ordered the perpetrators to prison to await their trial.

However, there have already been several indications that the police will not take this case seriously.

For example, some police officers of the District Police Precinct suggested to the victims that they negotiate with the detained perpetrators to settle the case. When they met the perpetrators, they offered Rs. 5,000(US$ 67) to each person and asked them to withdraw the complaint. The perpetrators also threatened that they will have some difficulties if they would challenge the police.

In addition, it was reported that plain clothes police followed the lawyers who helped the victims have medical examinations. The male worker who was in the dormitory with the victims at the date of incident has also disappeared.

More seriously, the Superintendent of Police Mr. Shree Bahadur Ghale said that he thought the policemen had sex with the girls with their agreement, even though informally the perpetrators admitted to the crime. The perpetuators later denied the crime and insisted that the contractor of the construction was using the two girls to make false accusations against them because he had bad relation with police in the past. However, they admitted that they visited the construction site on that day in their patrolling.

In a press release issued on 25 October 2003, the Armed Police Force (APF) denied that a group of seven police gang-raped the two girls. "No staff from the APF were involved in the reported rape case in Nepalgunj nor anyone of the force has been arrested on rape charges," the statement from APF headquarters said.

It is a very worrying situation that the case may be covered up due to police inaction. The two victims didn't come back to their village and currently have hidden at some place because they are worrying about their safety.

SUGGESTED ACTION:

Please send a letter, fax or email to the local authorities to express your concern on this case. A sample letter is attached.

Please send a letter, fax or e-mail to:

1. Hon. Surya Bahadur Thapa

Prime Minister

Office of the Prime Minister

Singha Durbar, Kathmandu,

NEPAL

Tel: +977 1 228555 or 227955

Fax: +977 1 4 227 765 / +977 1 227286

Email: hmg@es.wlink.com.np

2. Mr. Keshav Prasad Upadhaya

The Chief Justice

Singha Durbar, Kathmandu,

NEPAL

Tel: +977 1 4 262546

Fax: +977 1 4 262878

3. Chief of Armed Police Officer

Kathmandu

NEPAL

Tel: +977 1 4 275 685

Fax: +977 1 4 277 418

4. Mr. Nain Bahadur Khatri

Chairman of the National Human Rights Commission

Pulchowck, Lalitpur

NEPAL

Tel: +977 1 5 547 974 or 525 659 or 547 975

Fax: +9771 5 547 973

Email: nhrc@ntc.net.np

5. Ms. Yakin Ertk
Special Rapporteur on Violence against Women
OHCHR-UNOG
8-14 Avenue de la Paix,
1211 Geneva 10,
SWITZERLAND
Fax: 41 22 917 9022 / 41 22 917 9011

6. Mr. John Bevan

Officer in Human Rights Section

C/o UNDP, UN House,

P.O. Box: 107

Pulchowk, Kathmandu

NEPAL

Tel: +977 1 5 524 366 / 5 523 200

Fas: +977 1 5 523 991 / 5 523 986

Email: john.bevan@undp.org

Sample letter:

Dear

RE: Alleged rape of two teenage girls by Nepalese police

- Name of the victims: Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old) of Belawa-5, Mahadev Village, Bardiya District

- Name of Perpetrators: Sub Inspector Judda Bahadur Shahi, Police Constable Upendra Khadka, Policemen Bhim Bahadur Chand, Ram Bahadur Sunar, Bhakta Bahadur Nepali, Mangit Oli and Hariji attached to the District Police Precinct Banke (they are now in detention of the District Police station of Banke)

- Date of incident: 27 September 2003

I am shocked to hear about the gang-rape case of two young girls by the seven armed police attached to the District Police Office, Kohalpur, Banke.

On 27 September 2003, the two victims named above were brutally raped and threatened to be killed if they would make a complaint against the perpetrators. Even though the victims made a complaint against the perpetrators, no serious action has yet been taken by the police and even the police tried to cover up the case, forcing the victims to compromise with the perpetrators.

More seriously, denials by the perpetuators as well as by the Armed Police Force Headquarter denieds suggest that the police may not take this case seriously. Moreover, the victims cannot expect a fair investigation because they had to make complaints to the police station from where the perpetrators worked. It is also alleged that the victims have been threatened by the perpetrators to withdraw the case.

I urge you to order an independent and impartial judicial investigation on this matter as well as new medical checkup for the victims, to bring the perpetrators to justice as soon as possible. I also urge the Nepali government to develop an action plan to impose discipline on law enforcement officers. I further urge the Nepali government to give compensation to the victims according to the standards of international law.

Truly yours

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Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-66-2003
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.