Dear friends,
The Asian Human Rights Commission (AHRC) has received information that after reporting a case of attempted rape to the police station, the 23 year old victim was assaulted by a mob to prevent her from pursuing the charges. An activist who had helped her register the case was assaulted by the mob as well. Both were then forced to accept a settlement and drop the charges at the police station. The victim and the human rights defender both belong to the Dalit community, while the perpetrator and the mob are non-Dalit.
CASE NARRATIVE:
According to the information we have received from the Jagaran Media Center (JMC), on Saturday 20 July 2013, Anju (name changed), a 23-year-old woman from a Dalit community in Morang district, was assaulted by a local youth named Jeevan Bhetwal, who reportedly attempted to rape her. She told a local Dalit activist, Manoj Bishwakarma, chief editor of Fight weekly newspaper, of the crime and he encouraged her to report the case to the police.
She reported the case to the Belbari Area Police Office the same day. In the evening, the police arrested Jeevan, but released him the following day citing lack of evidence.
On Monday morning, a village meeting was called on the matter, which found Jeevan not guilty of the attempted rape. Later that day, Jeevan and some of his friends and relatives, all belonging to the non-Dalit community, called Anju to a local school on the pretext of discussing the matter. More than a hundred people were present there. After she arrived, she was assaulted by Jeevan and the mob he had assembled there. To publicly humiliate her, they covered her face in black cloth and wrapped a garland of shoes around her neck. The mob then stood clapping around her. Afterwards, they went Manoj’s house and assaulted him as well, before covering his face with black cloth, a sign of public humiliation.
When Manoj and Anju went back to the police station to report the assaults they had faced, the crowd put pressure on them to settle the case and Anju was forced to sign an agreement with the culprit. Although the police say that they encouraged Anju to press charges, they approved the settlement.
The National Human Rights Commission has issued a statement regarding the case, demanding that the government provides protection to the victims and witnesses. The NHRC has further filed a case against seven persons, who they claim were involved in this case, alleging human rights violations.
Further, the National Women Commission and National Dalit Commission both sent a fact-finding team to Morang.
Due to these reactions, the police have arrested six persons in connection with the assault, including Jeevan, while another perpetrator has absconded.
The AHRC is of the opinion that this case is emblematic of the extent to which the collapse of the rule of law in Nepal has led to the state failing victims of human rights violations. There is no mechanism to guarantee the protection of victims and activists reporting cases of human rights violations, exposing the victims to pressure, threats and attacks to force them to settle the case. In this case the victim as a woman and a Dalit, and she faces discrimination on account of both. She has less social power than the perpetrator, rendering her particularly isolated and vulnerable to retaliation. The fact that the police acted as an intermediary, ratifying the agreement forced upon the victims, speaks strongly of the extent to which criminal justice institutions have failed in extending the protection of the law to victims of human rights violations.
SUGGESTED ACTION:
Please join us in asking the authorities listed below to intervene in this case and ask for protection of the victims.
Please note that the AHRC is writing a separate letter to the UN Special Rapporteur on violence against women, its causes and its consequences, asking for her intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………,
NEPAL: Victim and human rights activist assaulted and forced to drop charges in a case of attempted rape
Name of victim: Anju (name changed), 23 year old woman from the Dalit community and
Manoj Bishwakarma, chief editor of Fight weekly newspaper
Name of alleged perpetrator: Jeevan Bhetwal, permanent resident of Belbari VDC-3 in Morang district
Date of incident: 20 July 2013
Place of incident: Belbari VDC-3 in Morang district
I am writing to voice my deep concern regarding the assaults on a victim of gender-based violence and the human rights defender who helped her register the case of attempted rape.
According to the information I have received from the Asian Human Rights Commission (AHRC), on Saturday 20 July 2013, Anju (name changed), a 23-year-old woman from a Dalit community in Morang district, was assaulted by a local youth named Jeevan Bhetwal, who reportedly attempted to rape her. She told a local Dalit activist, Manoj Bishwakarma, chief editor of Fight weekly newspaper, of the crime and he encouraged her to report the case to the police.
She reported the case to the Belbari Area Police Office the same day. In the evening, the police arrested Jeevan, but released him the following day citing lack of evidence.
On Monday morning, a village meeting was called on the matter, which found Jeevan not guilty of the attempted rape. Later that day, Jeevan and some of his friends and relatives, all belonging to the non-Dalit community, called Anju to a local school on the pretext of discussing the matter. More than a hundred people were present there. After she arrived, she was assaulted by Jeevan and the mob he had assembled there. To publicly humiliate her, they covered her face in black cloth and wrapped a garland of shoes around her neck. The mob then stood clapping around her. Afterwards, they went Manoj’s house and assaulted him as well, before covering his face with black cloth, a sign of public humiliation.
When Manoj and Anju went back to the police station to report the assaults they had faced, the crowd put pressure on them to settle the case and Anju was forced to sign an agreement with the culprit. Although the police say that they encouraged Anju to press charges, they approved the settlement.
The National Human Rights Commission has issued a statement regarding the case, demanding that the government provides protection to the victims and witnesses. The NHRC has further filed a case against seven persons, who they claim were involved in this case, alleging human rights violations.
Further, the National Women Commission and National Dalit Commission both sent a fact-finding team to Morang.
Due to these reactions, the police have arrested six persons in connection with the assault, including Jeevan, while another perpetrator has absconded.
I am of the opinion that this case is emblematic of the extent to which the collapse of the rule of law in Nepal has led to the state failing victims of human rights violations. There is no mechanism to guarantee the protection of victims and activists reporting cases of human rights violations, exposing the victims to pressure, threats and attacks to force them to settle the case. In this case the victim as a woman and a Dalit, and she faces discrimination on account of both. She has less social power than the perpetrator, rendering her particularly isolated and vulnerable to retaliation. The fact that the police acted as an intermediary, ratifying the agreement forced upon the victims, speaks strongly of the extent to which criminal justice institutions have failed in extending the protection of the law to victims of human rights violations.
I therefore urge you to intervene in this case to ensure that the victim and the human rights defender should be granted adequate protection and should have access to medical treatment if needed following the assault they faced. Thorough investigations should be launched in both the cases of attempt to rape and assault against the two victims, leading to the prosecutions of those involved.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Rabindra Pratap Shah
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Rt. Hon. Dr. Baburam Bhattarai
Prime Minister of Nepal
Office of the Prime Minister and Council of Nepal
Singh Durbar
P.O. Box: 43312
Kathmandu
NEPAL
Fax: +977 1 4211 086
Email: info@opmcm.gov.np, bhattaraibaburam@gmail.com
3. Hon. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan, Pulchowk, Lalitpur
G.P.O. Box: 9182, Kathmandu
NEPAL
Tel: +977 1 5010015 (Hunting Line)
Fax: +977 1 5547973
E-mail: nhrc@nhrcnepal.org, complaints@nhrcnepal.org
4. Mr. Mukti Narayan Pradhan
Office of Attorney General
Ramshah Path
Kathmandu, Bagmati
NEPAL
Tel: +977 1 4240210 , +977 1 4262548, +977 1 4262394
Fax: +9771 4262582, +977 1 4218051
Email: info@attorneygeneral.gov.np
5. Ms. Sushila Sirpali (Thakuri)
Chairperson
National Dalit Commission
Government of Nepal
Mid Baneshwor, Kathmandu
P. O. Box: 13785, Kathmandu
NEPAL
Phone: +977 1 4473317, +977 1 4474336, +977 1 4479828, +977 1 4479019, +977 1 4479818
Fax: +977 1 4475989
Email: info@ndc.gov.np
6. Mr. Bijaya Kumar Gachchhadar
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
7. Sheikh Chandtara
Chairperson
National Women Commission
Bhadrakali Plaza
Kathmandu
NEPAL
Tel: +977 1 4256701
Fax: +977 1 4250246
E-mail: info@nwc.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
