Dear friends,
The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the assault of two human rights defenders by army personnel of the Ranadal Gulma on 13 February 2006. One of the human rights defenders, Kalli Bahadur Malla was seriously injured by the assault and had to go to hospital. This attack by the army personnel is a direct violation of the victims right not to be tortured and the freedom of movement as guaranteed by various international laws. It also indicates the vulnerable position that human rights defenders are exposed to in Nepal.
The victims of this brutal attack were Kalli Bahadur Malla, who is the Kalikot District Representative of a local human rights organization; INSEC, and Rabindra Shai, a journalist of the Dristi Weekly and also the Kalikot District President of the NGO Federation.
The two men were on their way home at around 6:30pm on 13 February 2005, when an army patrolling team led by a Jamdar (a low ranking army officer) from Ranadal Gulma in Manma Bazaar, approached them and asked for their identity. Malla and Shahi gave details of their role as INSEC representative and a journalist respectively, at which point the army personnel began beating them. The army personnel attacked the two victims with the butt of their guns and their boots.
Shahi sustained minor injuries, but Malla was seriously wounded from the attack. Malla was taken to the local medical hall for primary treatment where he received two stitches to the head, and one on his chest. He has since gone to Nepalgunj District for further treatment.
The AHRC are very concerned with this attack because according to Nepalese Laws, the Royal Nepalese Army does not have the right to charge any civilian with a crime and certainly not the right to take physical action against them. Only the police are authorised to arrest and issue warrants for further proceedings and even then, they do not have the right to inflict torture on anyone.
If civilians cannot leave their houses or go to work without having to fear attacks from the Royal Nepalese Army then this is a direct violation of the right to freedom of movement and not to be tortured as guaranteed by human rights instruments including the UN Declaration on Human Rights 1948, the International Covenant on Civil and Political Rights and the UN Convention Against Torture.
Furthermore, this case highlights the vulnerable positions many human rights defenders experience on a day-to-day basis in Nepal. Even though according to the UN Declaration on Human Rights Defenders 1998, their rights against threats and violence are guaranteed, in Nepal, they are still targeted by the security forces. This situation has worsened since the military coup of February 2005 when Nepal became under the complete control of the military. Since that date, the AHRC has received many complaints of human rights violations against civilians and human rights defenders. The AHRC are very concerned with the attacks on human rights defenders (refer to UA-027-2006) because if the freedom of movement for them is compromised, given the current human rights position of Nepal, there would be no-one else to monitor and communicate to the outside world about the violations of human rights by the security forces.
This is aggravated by the impunity which the Nepalese security forces enjoy (refer to UG-002-2006 and UA-250-2005) Thus, civilians and human rights defenders alike are forced to reside in an oppressive state and live in fear that they may be subjected to unprovoked abuse and attack by the Nepalese security forces.
SUGGESTED ACTION:
Please write to the authorities listed below to ensure that Nepal adheres to the international obligations she has signed to that guarantees the rights of civilians and human rights defenders. Furthermore, please urge the relevant authorities to make sure that accountability is placed on those army personnel who were involved in the abuse of Malla and Shahi. The custom of impunity for Nepalese security forces must cease.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Human rights defenders assaulted by personnel from the Royal Nepalese Army
Name of victims: Kalli Bahadur Malla, INSEC (Informal Sector Service Centre) the Representative of Kalikot District; Rabindra Shahi, journalist of
Dristi Weekly and Kalikot District President of NGO Foundation
Name of alleged perpetrators: Army personnel of Ranadal Gulma (barrack) in Manma Bazaar
Date of incident: 13 February 2006
Place of incident: Manma, Kalikot
I am writing to voice my deep concern regarding the brutal and unprovoked attack on two human rights defenders, Kalli Malla and Rabindra Shahi, by personnel from the Royal Nepalese Army on 13 February 2005. Malla and Shahi were on their way home at around 6.30 pm when they were approached by amry personnel of the Ranadal Gulma (barrack). They asked for Malla and Shahis identity and when it was given, the army personnel reacted by severely beating the two human rights defenders with the butt of their guns and their boots. Shahi sustained minor injuries but Malla had to be taken to the local medical hall where he was given two stitches to his head and one to his chest. He was later taken to Nepalgunj for further treatments.
I am disappointed to find, yet again, evidence of the abuse of power wielded by the Nepalese security forces against civilians and human rights defenders. It is a direct violation of Nepals obligations under international human rights instruments such as the UN Declaration on Human Rights 1948, the International Covenant on Civil and Political Rights and the UN Convention Against Torture (CAT).
It also speaks to the blatant disregard of protection for human rights defenders enclosed in the UN Declaration on Human Rights Defenders 1998. Civilians and human rights defenders are exposed to an environment of fear and oppression in Nepal since the February 2005 coup which brought the State under the complete control of the military. If the position of human rights defenders are compromised then there would be no-one to monitor and highlight the human rights violations that occur in Nepal to the outside world. What is more, it is difficult for civilians to obtain justice because of the impunity which the security forces enjoy. Thus, accountability and scrutiny cannot be placed on the guilty parties.
Thus, I urge you to pressure that the Government of Nepal adheres to the international obligations she has signed to that guarantees the rights of civilians and human rights defenders. I also ask that you start an investigation into the action of the army personnel from the Ranadal Gulma so that accountability is placed on the alleged perpetrators. Furthermore, I request you to take appropriate action to ensure that compensation are given to the victims for their medical treatment and protection offered to them while the investigation takes place.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986
Email:
hrinfounit@undp.org 2. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955
3. Colonel Pankaj Karki
Officer of Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu
NEPAL
Telefax: + 977 14 245 020/226 292
4. Laxmi Bahadur Nirala
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email:
fpattorney@most.gov.np 5. 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 6. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail:
ssyed@ohchr.org 7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail:
MChingSimon@ohchr.orgThank you.
Urgent Appeals Programme (ua@ahrchk.org)
Asian Human Rights Commission (ahrchk@ahrchk.org)
