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NEPAL: An 8 year old boy is in critical situation after being shot by army security personnel in Sunsari District

December 19, 2003

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

19 December 2003
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UA-82-2003: NEPAL: An 8 year old boy is in critical situation after being shot by army security personnel in Sunsari District

NEPAL: Right of Children; Ill treatment of Children
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Dear friends

The Asian Human Rights Commission (AHRC) is gravely concerned that an 8 year old boy was shot by army security personnel in Sunsari District on 16 December 2003. The victim is in the B. P. Koirala Memorial Hospital in Dharan for medical treatment and is currently in critical situation. According to the doctor who examined the boy, the veins of his neck were crushed, and he has lost use of both legs. However, the local authorities have not yet taken any serious action to investigate this case. Your urgent action is required to request the local authorities to correct this matter.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Akash Sharma, 8, a student at the Thalaha Primary School
Alleged perpetrators: Royal National Army (RNA) security personnel in the Madheli Village Development Committee (VDC)-3, Sunsari District
Date of incident: 16 December 2003

Case details:

An 8 year old boy, Akash Sharma, is currently in critical situation after being shot by the plain-clothed army security personnel in the Madheli Village Development Committee (VDC)-3, Sunsari District on 16 December 2003.

In the morning of 16 December 2003, Akash Sharma, the son of rickshaw-puller Govinda Sharma and student of the Thalaha Primary School, received a bullet wound in his neck while he was relieving himself in the open field near his house.

According to an eyewitness of the incident, Bhola Nanda Sharma, three local people were urinating at the canal. When the three saw the plain-clothed army security personnel with weapons, they started to run away. The army then ordered Asha Ram Sharma, who was one of the three fleeing from the site, to halt, but he did not. "So the army fired at him, but hit Akash instead," Bhola Nanada said.

After the incident, army security personnel, who shot Akash Sharma, rushed him to the B. P. Koirala Memorial Hospital in Dharan and gave Rs. 700 (about U.S.$ 9) to the victim's parents for expenses. According to the doctor, Nabin Kumar Karna, who examined the victim, the condition of Akash Sharma is very critical, as the veins of his neck were crushed and he has lost use both of legs permanently.

Meanwhile, the Royal Nepal Army (RNA) spokesperson, Col Deepak Gurung said that Akash Sharma was wounded in a crossfire between the army soldiers and Maoist rebels. "However, it could not be ascertained whose bullet hurt the boy," he added, assuring that the army will investigate into the incident. However according to the reliable information, there was no crossfire at the time of the incident and the victim was shot when the army personal targeted to those persons who were running away.

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern of this serious case.

1. Surya Bahadur Thapa,
Prime Minister and Minister of Defence
Prime Minister's Office
Singha Durbar, Kathmandu,
NEPAL
Fax: + 977 1 4 227 286

2. Army Chief
Human Rights Section
NEPAL
Tel: +977 1 4 269 624
Fax: +977 1 4 269 624

3. H. E. Gyan Chandra Acharya
Ambassador
Permanent Mission of the Kingdom of Nepal
81 rue de la Servette,
1201 Geneva,
SWITZERLAND
Fax: +4122 7332722
E-mail: mission.nepal@ties.itu.int

4. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch

Sample letter:

Dear

Re: An 8 year old boy is in critical situation after being shot by army security personnel in Sunsari District

Name of the victim: Akash Sharma, 8, a student at the Thalaha Primary School
Alleged perpetrators: Royal National Army (RNA) security personnel in the Madheli Village Development Committee (VDC)-3, Sunsari District
Date of incident: 16 December 2003

I am deeply concerned to learn that 8 year old Akash Sharma is currently in critical situation, after being shot by plain-clothed army security personnel in the Madheli Village Development Committee (VDC)-3, Sunsari District on 16 December 2003.

According to the doctor who examined the victim at the B. P. Koirala Memorial Hospital in Dharan, the veins of his neck were crushed so that he has permanently lost use of his two legs. His poor family cannot cover the expenses for the medical treatment, even though the boy desperately needs further care. However, the Royal Nepal Army (RNA) claimed that Akash Sharma was wounded in a crossfire, even though according to an eyewitness there was no crossfire at the time of the incident.

I strongly urge you to guarantee an immediate investigation into this serious case, identify those responsible, bring them before an impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law. I also urge you to guarantee immediate medical treatment and adequate compensation for the victim.

Sincerely yours


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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-82-2003
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.