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UPDATE (Nepal): Military personnel who tortured 15 year old Maina Sunuwar to death must be tried by a civil court

September 5, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal 

5 September 2006

[RE: UA-22-2004: NEPAL: Three young persons shot dead by security personnel and a girl among the victims was gang-raped before being killed in Pokahari Chauri-4, Kavre District and UP-136-2005: NEPAL: Police refused to register First Information Report (FIR) into the custodial death of a girl in Kavre, Dhulikhel]
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UP-173-2006 NEPAL: Military personnel who tortured 15 year old Maina Sunuwar to death must be tried by a civil court

NEPAL: Arbitrary arrest; forced disappearance; torture; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received further information concerning the case of Maina Sunawar. She was 15 years old when members of the Nepalese armed forces arbitrarily arrested her. Since that date - February 17, 2004 - she has disappeared. All the evidence indicates that she was tortured to death by members of the military, who have since sought to deny her arrest and cover up her death. It is thought that Maina was detained because the military were searching for her mother, Devi Sunuwar, who reportedly witnessed the killing of two young girls, one of whom had been gang-raped, by members of the security forces in Pokharichauri, Kavre District, Nepal.

Her family members have sought her in vain in numerous detention centres. They have since been forced to leave their village, having received threats from members of the security forces. Initially, as is the way in many such cases, the military denied holding Maina. Reports surfaced indicating that she had been tortured to death in detention. She was reportedly beaten, dunked in water and subjected to repeated electric shocks. Her injuries led to her death in detention. Following these reports, the military claimed that Maina had been killed while trying to escape from custody, and that they had returned her body to her family following a post-mortem examination. Her family has not received her body and there has been no evidence of any such post-mortem examination, according to AHRC's sources. For further background information concerning this case, please see the links at the bottom of this statement.

More recently, three members of the military were tried by a military court, but they have only received derisory punishment. Details concerning the investigation conducted by the "Court of Inquiry Board" (CIB) of a military court have just surfaced and clearly indicate that the military are responsible for Maina's torture and subsequent death, and even identify the area in which her body has been buried. As with other cases of violations of civilians' rights by members of the military in Nepal, they need to be investigated by the police and brought to trial before a civil court, if there is any chance of justice being achieved. Attempts by the police to investigate the case and to retrieve Maina's body are currently being blocked by the army. Furthermore, the United Nations' Office of the High Commissioner for Human Rights' Office (OHCHR) Nepal's investigation is also thought to have been hampered due to the army's non-cooperation and the government's indifference. 

The CIB reportedly concluded that a covert military team from the Birendra Peace Operations Training Centre in Panchkhal had arrested Maina on February 17, 2004 and that she had been killed by members of the army, as the result of severe torture. The CIB has indicated that Training Centre Chief Colonel Babi Khatri, Captains Niranjan Basnet, Sunil Adhikari, Amit Pun, Seargeant Major Khadak Bahadur Khatri, and soldiers Dil Bahadur Basnet and Shrikrishna Thapa were present during Maina's interrogation and torture. The CIB also stated that the military, notably Babi Khatri, had taking steps to cover up her death by torture. He reportedly ordered Amit Pun to shoot a bullet into the back of Maina's dead body, to make it look like she had been shot while trying to escape. Furthermore, Babi Khatri reportedly ordered Amit Pun to bury Maina's body secretly and Niranjan Basnet to summon the police to prepare a report.

According to the information received, Amit Pun then ordered a member of the military called Surendra to dig a pit to the north-east of the officers' mess, some 50 to 60 metres outside of the 'concertina' barbed-wire. It is reported that Amit Pun took a photograph of Maina's body just before she was buried in the pit. For his part, Niranjan Basnet allegedly ensured that a false report was prepared by the Panchkhal Police Office concerning Maina's death.

On September 27, 2005, the media in Nepal reported that Colonel Babi Khatri, Captains Niranjan Basnet and Sunil Adhikari had been 'found guilty of not following the proper procedures when Maina was found dead in custody'. Colonel Khatri also reportedly had to pay Rupees 50,000 (approximately US$ 670) to the victim's family and had any promotion blocked for two years. Captains Ameet Pun and Sunil Adhikari were each to pay Rupees 25,000 and had any promotions blocked for one year. Due to a lack of transparency of the military justice system, the AHRC and its sources have not been able to ascertain whether these persons have actually served any of their prison sentences. Regardless of this, the punishment given to these persons for having tortured a 15-year old girl to death is derisory and scandalous, both in terms of the length of imprisonment terms and of the amount of compensation. The family members have reportedly refused to accept this compensation and have the case closed, and are instead seeking justice through the civil courts. The fact that the alleged perpetrators remain in service in the military, with their prospects for promotion only slightly dented despite the grave nature of their crimes, is an indicator of the protection under which members of the armed forces can operate.

The AHRC released a statement on August 31, 2006 concerning the machinery of impunity in Nepal, available here: http://www.ahrchk.net/statements/mainfile.php/2006statements/714/. One of the issues raised is that cases of violations of civilians' human rights by military personnel should be tried in Nepal's civil courts, as military courts lack transparency or credibility and participate in perpetuating impunity or protection for members of the military, notably concerning such issues. It is vital in this case that the alleged perpetrators in question be tried for murder before an independent, impartial court and that, if found guilty, they receive punishment that is proportional to their crimes, in line with international standards. Adequate compensation must also be awarded to the victim's family for their loss.

As part of the trial before a civil court, further investigations are required. A First Information Report (FIR) has been lodged concerning this case demanding the criminal prosecution of the perpetrators. The police are required to investigate the case and then send their findings to the public prosecutor, who then takes the case before the courts. It is reported that the military are blocking the police's attempts to investigate these events. For example, the military are reportedly obstructing attempts to exhume Maina's body. The exhumation and subsequent examination of her body are vital to the police investigation, following which her body should, at long last, be returned to her family. The Nepal Army must facilitate this process without delay or obstruction. It is understood that the victim's family and local NGOs have requested the assistance of the OHCHR in this process, but the latter is not able to intervene as it has not received any support from the government in this regard, such as commitments to support them in their investigations and an invitation for them to participate in the exhumation of the body. The government of Nepal must immediately invite the OHCHR to be included in the exhumation and investigation process, or stand accused of connivance in perpetuating impunity.

It is vital, under the current reforms that are taking place in the wake of the popular uprising in April 2006, that impunity be challenged as a priority in Nepal. Without tackling this fundamental human rights issue in a credible way, any future Nepalese society will be founded on injustice and will likely find it much harder to break away from its violent and abuse-ridden past.

For further information concerning the details of this case, please see AHRC urgent appeals (UA-22-2004 and UP-136-2005), as well as press release (ALRC-PL-50-2005) and statement (AL-03-2005).

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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SUGGESTED ACTION:

Please send a letter to the relevant authorities expressing your concerns with regard to the arbitrary arrest, forced disappearance, torture and murder of Maina Sunuwar. Please also denounce the attempted cover-up of these grave abuses by the military as well as the derisory sentences handed out by the military court to the alleged perpetrators of these grave crimes. Please insist that the military and government immediately provide all necessary assistance to the police investigation into these events, which, once completed will enable the case to be tried by a civil court and justice to be done. The government should be urged to enable the United Nations' OHCHR office to participate in this process.

To support this appeal please click here:

Suggested letter:

Dear ___________,

NEPAL: military personnel who tortured 15 year old Maina Sunuwar to death must be tried by a civil court

I write to express my grave concern about the fact that the case of Maina Sunuwar, who was allegedly abducted and murdered by military personnel, has still not been heard in the civilian courts.

It is my understanding that three members of the military were tried by a military court, but they have only received derisory punishment. Details concerning the investigation conducted by the "Court of Inquiry Board" (CIB) of a military court have just surfaced and clearly indicate that the military are responsible for Maina's torture and subsequent death, and even identify the area in which her body has been buried. Attempts by the police to investigate the case and to retrieve Maina's body are currently being blocked by the army. Furthermore, the United Nations' Office of the High Commissioner for Human Rights' Office (OHCHR) Nepal's investigation is also thought to have been hampered due to the army's non-cooperation and the government's indifference. 

The CIB reportedly concluded that a covert military team from the Birendra Peace Operations Training Centre in Panchkhal had arrested Maina on February 17, 2004 and that she had been killed by members of the army, as the result of severe torture. The CIB has indicated that Training Centre Chief Colonel Babi Khatri, Captains Niranjan Basnet, Sunil Adhikari, Amit Pun, Seargeant Major Khadak Bahadur Khatri, and soldiers Dil Bahadur Basnet and Shrikrishna Thapa were present during Maina's interrogation and torture. The CIB also stated that the military, notably Babi Khatri, had taking steps to cover up her death by torture. He reportedly ordered Amit Pun to shoot a bullet into the back of Maina's dead body, to make it look like she had been shot while trying to escape. Furthermore, Babi Khatri reportedly ordered Amit Pun to bury Maina's body secretly and Niranjan Basnet to summon the police to prepare a report.

According to the information received, Amit Pun then ordered a member of the military called Surendra to dig a pit to the north-east of the officers' mess, some 50 to 60 metres outside of the 'concertina' barbed-wire. It is reported that Amit Pun took a photograph of Maina's body just before she was buried in the pit. For his part, Niranjan Basnet allegedly ensured that a false report was prepared by the Panchkhal Police Office concerning Maina's death.

On September 27, 2005, the media in Nepal reported that Colonel Babi Khatri, Captains Niranjan Basnet and Sunil Adhikari had been 'found guilty of not following the proper procedures when Maina was found dead in custody'. Colonel Khatri also reportedly had to pay Rupees 50,000 (approximately US$ 670) to the victim's family and had any promotion blocked for two years. Captains Ameet Pun and Sunil Adhikari were each to pay Rupees 25,000 and had any promotions blocked for one year. Due to a lack of transparency of the military justice system, it has not been possible to ascertain whether these persons have actually served any of their prison sentences. Regardless of this, the punishment given to these persons for having tortured a 15-year old girl to death is derisory and scandalous, both in terms of the length of imprisonment terms and of the amount of compensation. The family members have reportedly refused to accept this compensation and have the case closed, and are instead seeking justice through the civil courts. The fact that the alleged perpetrators remain in service in the military, with their prospects for promotion only slightly dented despite the grave nature of their crimes, is an indicator of the protection under which members of the armed forces can operate.

Cases of violations of civilians' human rights by military personnel should be tried in Nepal's civil courts, as military courts lack transparency or credibility and participate in perpetuating impunity or protection for members of the military, notably concerning such issues. It is vital in this case that the alleged perpetrators in question be tried for murder before an independent, impartial court and that, if found guilty, they receive punishment that is proportional to their crimes, in line with international standards. Adequate compensation must also be awarded to the victim's family for their loss. The police are required to investigate the case and then send their findings to the public prosecutor, who then takes the case before the courts. It is reported that the military are blocking the police's attempts to investigate these events. For example, the military are reportedly obstructing attempts to exhume Maina's body. The exhumation and subsequent examination of her body are vital to the police investigation, following which her body should, at long last, be returned to her family. The Nepal Army must facilitate this process without delay or obstruction. It is understood that the victim's family and local NGOs have requested the assistance of the OHCHR in this process, but the latter is not able to intervene as it has not received any support from the government in this regard, such as commitments to support them in their investigations and an invitation for them to participate in the exhumation of the body. The government of Nepal must immediately invite the OHCHR to be included in the exhumation and investigation process, or stand accused of connivance in perpetuating impunity.

In light of this shocking information, I urge you to immediately take all necessary measures to ensure that the perpetrators of the arbitrary arrest, forced disappearance, torture and murder of Maina Sunuwar are tried by a civil court. All those that participated in the alleged cover-up of these grave abuses by the military should also be sanctioned. Furthermore it is vital to ensure that all other cases of violations of civilians' human rights by members of the military are tried by civil courts, in order to effectively battle against impunity and avoid the derisory and insulting sentences that have been handed out by the military court. The military and government must immediately provide all necessary assistance to the police investigation into these events, which, once completed, will enable the case to be tried by a civil court and justice to be done. I urge the authorities to enable the United Nations' OHCHR office to participate in this process.

I look forward to your immediate intervention in this matter.

Yours sincerely, 

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PLEASE SEND A LETTER TO:

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

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

3. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org

4. Army Chief
Nepal Army (Central Office-army chief) 
Army Headquarter, Bhadrakali, Kathmandu, Nepal
Post Box No: 9800 
Fax: +977 1-424 2168

5. Head of Army Human Rights Cell
Army HR Cell  
Army Headquarter, Bhadrakali, Kathmandu, Nepal
Human Rights Cell, Nepal Army
Fax: +977 1-424 5020
Email: humanrights@nepalarmy.mil.np 

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


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-173-2006
Countries :
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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.