Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the condition of the parents of Krishna Prasad Adhikari. We issued an Urgent Appeal Case and a follow-up update earlier (For further details, please see our original Urgent Appeal Case and Urgent Appeal Update here: AHRC-UAC-049-2013 and AHRC-UAU-021-2013).
Krishna Prasad Adhikari was murdered in 2004 in Chitwan by Maoist cadres intervening in a family dispute. Since the beginning of the case, the alleged perpetrators have reportedly benefited from high level political protection. No serious investigation has been held. Recommendations by the National Human Rights Commission (NHRC) that the victim’s family be provided with compensation and restitution of their land in 2009 have not been acted upon. Krishna’s parents have been staging a hunger strike to protest the injustices done and have been arrested. To force them to interrupt their fight for justice, they were diagnosed with a mental illness and forcefully admitted into a mental hospital for more than a month. Following a meeting with the NHRC on 11 August, the government finally committed to a prompt investigation of the case. However, the leader of one of the major political parties has publicly denounced that move as threatening the peace process and denounced the work of human rights defenders.
UPDATED INFORMATION:
We have received the following updated information. On 19 June, after the couple was released from the mental hospital, they resumed their hunger strike in front of the official residence of the Prime Minister. Their health quickly deteriorated and they were forcefully admitted to the Emergency section of Bir Hospital in Kathmandu on 31 July 2013. The victim’s parents remain in a critical condition. According to the doctor taking care of them, they initially refused treatment. But finally they accepted an Intravenous drip of glucose, saline and vitamins. However, their sugar levels remain dangerously low.
The NHRC has been following up on its recommendations concerning this case. They met with the Home Minister, Madhav Ghimire, on 5 August 2013, and urged him that a prompt investigation be initiated. The Minister said that to push this case forward was complicated as the government had decided to put all the cases dating from the conflict era on hold.
On 11 August, the NHRC met again with the Home Minister and this time the government promised to initiate a prompt investigation into the case.
The AHRC welcomes the promise by the government. But we were concerned to learn what took place following government’s decision. On 13 August 2013, the chairperson of the (United) Communist Party of Nepal-Maoist Chairperson, Pushpa Kamal Dahal (aka Prachanda) held a press conference. He warned the government not to initiate an investigation into the case, threatening that if an investigation would proceed, the peace process and the elections would be at risk. He stated that cases of human rights violations committed during the conflict were to be investigated by the yet-to-be-established Truth and Reconciliation Commission. However, the Supreme Court of Nepal has repeatedly found that promises to establish the TRC did not supersede the regular criminal justice system in dealing with human rights violations. More worryingly, he blamed the human rights defenders for having unnecessarily pushed this case forward. This is so in the context of an increasingly unstable work environment for the human rights defenders since the beginning of the year. The AHRC has repeatedly expressed its concern about the degrading climate in which human rights defenders have to work (see for instance NEPAL: Alarming cycle of threats and attacks against human rights defenders). Such blame coming from a leading political figure only increases their vulnerability. It gives credibility to those wishing to undermine the work of human rights defenders’ because it goes against their vested interests.
SUGGESTED ACTION:
Please join us by writing to the authorities listed below to express your concern in the Maoist party’s opposition to progress in the case and urge a prompt investigation into the murder, protection and compensation for the family.
Please be informed that the AHRC is writing a separate letter to the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition to ask for his intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………..,
NEPAL: Politicians oppose conflict victims’ fight for justice for Krishna Prasad Adhikari’s murder
Name of victim: Krishna Prasad Adhikari and his parents Nanda Prasad Adhikari and Ganga Maya Adhikari
Names of alleged perpetrators:
1. Chhabilal Poudel, 55, Fujel VDC-6, Gorkha district
2. Januka Poudel, Gorkha
3. Meghnath Poudel, 57, Fujel VDC-4, Gorkha
4. Bishnu Tiwari, 40, Fujel VDC-4, Gorkha, Tiwari Village
5. Subhadra Tiwari, 48, Fujel VDC-7, Gorkha
6. Sita Adhikari, 30, Fujel VDC-7, Gorkha
7. Kali Prasad Adhikari, 50, Fujel VDC-7, Gorkha
8. Himlal Adhikari, 34, Fujel VDC-7, Gorkha (Kali’s son)
9. Ram Prasad Adhikari, 27, Fujel VDC-7, Gorkha (Kali’s son)
10. Ram Prasad Adhikari, 30, Fujel VDC-7, Gorkha
11. Bhimsen Poudel, 30, Jirauna, Ratnanagar Municipality, Chitwan
12. Parashuram Poudel a.k.a. Ajib, 35, Paras Buspark, Bharatpur Municipality-9, Chitwan
Date of original incident: 6 June 2004
Place of original incident: Bakullahar Chowk, Ratnanangar Municipality-1, Chitwan district
Date of arrest of the victim’s parents: 14 June 2013
Place of detention of the victim’s parents: Mental Hospital Lagankhel, Lalitpur
I am writing to give you updated information regarding developments in the case of Kishna Prasad Adhikari. I have already expressed my concern regarding this case by letters dated 26 July 2013 and 25 March 2013.
The AHRC received the following up-dated information. On 19 June, after the couple was released from the mental hospital, they resumed their hunger strike in front of the official residence of the Prime Minister. Their health quickly deteriorated and they were forcefully admitted to the Emergency Room of Bir Hospital in Kathmandu on 31 July, 2013. The victim’s parents remain in a critical condition. According to the doctor taking care of them, they initially refused treatment, but finally accepted an Intravenous drip of saline, glucose and vitamins. However, their sugar levels remain dangerously low.
The NHRC has been following-up on its recommendations concerning this case. They met with the Home Minister, Madhav Ghimire, on 5 August 2013, to urge that a prompt investigation be initiated. The Minister said that to push this case forward was complicated as the government had decided to put all the cases dating from the conflict era on hold.
On 11 August, the NHRC met again with the Home Minister and this time the government promised to initiate a prompt investigation into the case.
I welcome the promise made by the Government. I am also concerned to learn what happened following the government decision. On 13 August 2013, the chairperson of the (United) Communist Party of Nepal-Maoist Chairperson, Pushpa Kamal Dahal (aka Prachanda) held a press conference in which he warned the government not to initiate an investigation into the case. He threatened that if the investigation proceeded, the peace process and the elections would be at risk. He stated that cases of human rights violations committed during the conflict were to be investigated by the yet-to-be-established Truth and Reconciliation Commission. The Supreme Court of Nepal has repeatedly found that promises to establish the TRC did not supersede the regular criminal justice system in dealing with human rights violations. He blamed human rights defenders for having unnecessarily pushed this case forward. More worrying is the context of an increasingly unstable work environment for human rights defenders since the beginning of the year and the degrading climate in which they have to work. I am of the opinion that such blame coming from a leading political figure only increases their vulnerability. It adds credibility to those wishing to undermine the work of human rights defenders because it goes against their vested interests.
I therefore urge you to ensure that the government’s promise for a prompt and independent investigation is followed through and leads to judicial proceedings in line with international standards. In the meantime, the victim’s parents must be provided with protection and receive compensation for what they have suffered. The unfortunate circumstances of their forceful confinement for more than a month in a mental hospital should be thoroughly investigated.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Khil Raj Regmi
Chairman
Council of Minister
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Madhav Prasad Ghimire
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Attorney General of Nepal
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneraal.gov.np
5. Mr. Kuber Singh Rana
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
