Dear friends,
The Asian Human Rights Commission (AHRC) has been informed by Nepalese partner organisation Advocacy Forum of the rape of a 17-year old girl by a member of the Nepalese Army. It is feared that the alleged perpetrator, Mr. Ram Chandra Chaulagain, who is reportedly currently being held in custody by the Nepalese Army, may yet evade punishment. Impunity for military personnel that commit human rights violations remains widespread and endemic in Nepal, notably due to legislation such as Section 24A of the Army Act Nepal that effectively provides blanket immunity for members of the military. It is vital that this case be investigated by the police and tried before a civilian court under the legal code of Nepal. The AHRC views the question of impunity as being one of the fundamental barriers to the enjoyment of human rights and to long-term stability and security in Nepal.
17-year old Geetha (name changed to safeguard victims identity), a resident of Pokharichauri VDC-3, Kavre District, Nepal, was reportedly repeatedly raped by a member of the Nepalese Army, Ram Chandra Chaulagain, over a period of four days in two different locations – in Kalanki and Samakhusi, Kathmandu. The alleged perpetrator, Ram Chandra Chaulagain of Kunchhi Bhadaure VDC, Ramechhap district, is a member of the Nepalese Army stationed at the army barracks in Rolpa.
On June 24, 2006, Ram Chandra reportedly met Geetha at Koteshor Chock, Kathmandu while she was waiting for a public bus to go home. They had already met previously on a bus. Ram Chandra claimed to come from Kunchhi Bhadaure VDC in Ramechhap district and to be studying at a college in Kathmandu as well as running a shop in the city. On June 24, Ram Chandra convinced Geetha to go with him to a room in Koteshor, Kathmandu on the pretence of finding her a job. She was kept there for at least an hour and then taken to Kalanki, Kathmandu. Ram Chandra took Geetha to a small, dark room in Kalanki where he prepared lunch for her. Geetha has stated that after lunch she felt dizzy and fell asleep and claims that she was drugged. When she awoke, Ram Chandra was reportedly taking her clothes off. Ram Chandra allegedly persuaded Geetha that she was safe with him, but shortly afterwards he threatened to rape her and kill her if she tried to struggle. At around 7 pm, Ram Chandra then took Geetha to his elder brother’s room in Samakhusi, Kathmandu and held her there until June 28, during which time he repeatedly raped her. According to Geetha, Ram Chandras elder brother Bidur Chaulagain and the latters wife were also present during this period but did nothing to assist Geetha, despite her pleas. As the result of intervention by her family, Geetha was freed on June 28, 2006, following which Ram Chandra was taken into the custody of the Nepalese Army at its headquarters in Kathmandu.
Geetha lodged a written complaint with the District police office (womens cell), Kathmandu on July 4, 2006. On July 5, 2006 the police brought Geetha to hospital for a medical examination. The police have also issued a warrant for the arrest of Ram Chandras brother and sister-in-law, but the arrests have not yet been made. On July 13, 2006, the police reportedly questioned Ram Chandra. On July 14, 2006, the womens cell of the police and then the public prosecutor took Geethas statement. However, it is understood that while the police are conducting an investigation into this case, which the AHRC welcomes, the Nepalese Army is not cooperating adequately. There are fears that the Army will attempt to block the investigation and pervert the course of justice in order to grant impunity to Ram Chandra. Such impunity has typically accompanied similar cases in the past, notably as a result of non-cooperation by the Armed Forces or through the blanket immunity that has resulted from Section 24A of the Army Act Nepal 1959.
Section 24A of the Army Act Nepal 1959 provides that:
Not withstanding anything contained in current law, in case any person dies or suffers any loss as a result of any action taken by any person to whom this act is application (officers) while discharging his duties, no case may be filed in any court against him.
For the purpose of this Section, the term “any action taken while discharging duties” means any action to be taken for internal security or self-defense, including flag march, patrolling and guard duty.
It is clear that the language used can be interpreted in such a way as to provide blanket immunity to military personnel. The definition of discharging duties is unclear, resulting in it inevitably being subject to abuse and a resultant obstruction of justice. Due to the content of Section 24A, it is difficult for civilians to expect a fair trial when they initiate cases against members of the military, as the burden of proof in showing that the officer was not in the course of discharging his duty is typically an insurmountable obstacle.
The Asian Human Rights Commission therefore calls upon the Nepalese Army to guarantee full cooperation with the police investigation into the case of rape perpetrated by army personnel member Mr. Ram Chandra Chaulagain. In order to best ensure this cooperation, the Nepalese Army is urged to hand over Mr. Ram Chandra Chaulagain to police custody. The police are urged to request that the perpetrator be placed under their custody and to conduct a prompt and impartial investigation into this case. The perpetrators must be brought to trial and adequate reparation must be provided to the victim.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below urging them to ensure that the investigation into the rape of 17-year old Geetha (name changed to safeguard victims identity), allegedly by member of the Nepalese Army Ram Chandra Chaulagain, proceeds without hindrance. The alleged perpetrator and all persons found to have aided or abetted the perpetrator must be brought to trial, and, if found guilty, adequate reparation must be provided to the victim.
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SAMPLE LETTER
Dear __________,
NEPAL: Alleged perpetrator of rape of 17-year old girl must be brought to justice
Name of the victim: 17-year old Geetha (name changed to safeguard victims identity), a resident of Pokharichauri VDC-3, Kavre District, Nepal
Date and place of the incident: 24 to 28 June 2006 in Kalanki and Samakhusi, Kathmandu
Alleged perpetrators: Nepalese Army member Ram Chandra Chaulagain, Bidur Chaulagain and Bidur Chaulagains wife
I am writing to express my grave concern with regard to allegations of the abduction and repeated rape of a 17 year old girl by a member of the Nepalese Army between June 24 and 28, 2006. It is feared that the alleged perpetrator, Mr. Ram Chandra Chaulagain, who is reportedly currently being held in custody by the Nepalese Army, may yet evade punishment. Impunity for military personnel that commit human rights violations remains widespread and endemic in Nepal, notably due to legislation such as Section 24A of the Army Act Nepal that effectively provides blanket immunity for members of the military. It is vital that this case be investigated by the police and tried before a civilian court under the legal code of Nepal. The question of impunity is one of the fundamental barriers to the enjoyment of human rights and to long-term stability and security in Nepal.
17-year old Geetha (name changed to safeguard victims identity), a resident of Pokharichauri VDC-3, Kavre District, Nepal, was reportedly repeatedly raped by a member of the Nepalese Army, Ram Chandra Chaulagain, over a period of four days in two different locations – in Kalanki and Samakhusi, Kathmandu. The alleged perpetrator, Ram Chandra Chaulagain of Kunchhi Bhadaure VDC, Ramechhap district, is a member of the Nepalese Army stationed at the army barracks in Rolpa.
On June 24, 2006, Ram Chandra reportedly met Geetha at Koteshor Chock, Kathmandu while she was waiting for a public bus to go home. They had already met previously on a bus. Ram Chandra claimed to come from Kunchhi Bhadaure VDC in Ramechhap district and to be studying at a college in Kathmandu as well as running a shop in the city. On June 24, Ram Chandra convinced Geetha to go with him to a room in Koteshor, Kathmandu on the pretence of finding her a job. She was kept there for at least an hour and then taken to Kalanki, Kathmandu. Ram Chandra took Geetha to a small, dark room in Kalanki where he prepared lunch for her. Geetha has stated that after lunch she felt dizzy and fell asleep and claims that she was drugged. When she awoke, Ram Chandra was reportedly taking her clothes off. Ram Chandra allegedly persuaded Geetha that she was safe with him, but shortly afterwards he threatened to rape her and kill her if she tried to struggle. At around 7 pm, Ram Chandra then took Geetha to his elder brother’s room in Samakhusi, Kathmandu and held her there until June 28, during which time he repeatedly raped her. According to Geetha, Ram Chandras elder brother Bidur Chaulagain and the latters wife were also present during this period but did nothing to assist Geetha, despite her pleas. As the result of intervention by her family, Geetha was freed on June 28, 2006, following which Ram Chandra was taken into the custody of the Nepalese Army at its headquarters in Kathmandu.
Geetha lodged a written complaint with the District police office (womens cell), Kathmandu on July 4, 2006. On July 5, 2006 the police brought Geetha to hospital for a medical examination. The police have also issued a warrant for the arrest of Ram Chandras brother and sister-in-law, but the arrests have not yet been made. On July 13, 2006, the police reportedly questioned Ram Chandra. On July 14, 2006, the womens cell of the police and then the public prosecutor took Geethas statement. However, it is understood that while the police are conducting an investigation into this case, which is welcomed, the Nepalese Army is not cooperating adequately. There are fears that the Army will attempt to block the investigation and pervert the course of justice in order to grant impunity to Ram Chandra. Such impunity has typically accompanied similar cases in the past, notably as a result of non-cooperation by the Armed Forces or through the blanket immunity that has resulted from Section 24A of the Army Act Nepal 1959. Due to the content of Section 24A, it is difficult for civilians to expect a fair trial when they initiate cases against members of the military, as the burden of proof in showing that the officer was not in the course of discharging his duty is typically an insurmountable obstacle.
I therefore call upon the Nepalese Army to guarantee full cooperation with the police investigation into the case of rape allegedly perpetrated by army personnel member Mr. Ram Chandra Chaulagain. In order to best ensure this cooperation, the Nepalese Army is urged to hand over Mr. Ram Chandra Chaulagain to police custody. The police are urged to request that the perpetrator be placed under their custody and to conduct a prompt and impartial investigation into this case. The perpetrators must be brought to trial and adequate reparation must be provided to the victim.
I trust that your intervention will be forthcoming
Yours sincerely,
—————–
SEND YOUR LETTERS 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. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593
Email: arghakhanchi@nepalpolice.gov.np
5. Mr. Thule Rai
Deputy Superintendent of Police
Officer in Charge for the Human Rights Cell for Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 415594
Email: hrcell@nepalpolice.gov.np
6. 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)
