Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning the alleged extra-judicial killing of 32-year-old carpenter Bacha Ram Chaudari, a permanent resident of Rayapur Village Development Committee (VDC)-9, Rayapur, Saptari District, Nepal. Bacha Ram Chaudari was reportedly shot dead by police junior Ram Abatar Yadav of Area Police Station Rupani, Saptari on October 7, 2006, while he was returning home from Rupani Chock, Rayapur VDC.
According to the information received, at around 8 pm, police junior Ram Abtar Yadav attempted to detain Bacha Ram Chaudari at Raypur VDC-8. Bacha Ram Chaudari was reportedly dragged along the ground by Ram Abatar Yadav. The policeman reportedly threatened to shoot and kill Bacha Ram Chaudari. The victim managed to get free and attempted to escape, but was then allegedly shot in the back by Ram Abatar Yadav and fell to the ground having been hit twice. The policeman then reportedly kicked him several times while he was lying injured on the floor. The police claim that they were attempting to detain the victim because he was engaged in smuggling timber, but eyewitnesses and his family members deny that he was engaged in such activities. The police reportedly left the scene once they had shot Bacha Ram Chaudari.
Police junior Ram Abatar Yadav was reportedly on patrol in Rayapur VDC-8 along with other two security personnel, but was alone at the time of incident. The police have claimed that he opened fire upon Bacha Ram Chaudari in self-defence as a response to an attack by the victim. Eyewitnesses claim that Bacha Ram Chaudari was unarmed.
According to the information received, the victim was later taken to Sagarmatha Zonal Hospital, Rajbiraj in a police van, before being transferred to B. P. Koirela Memorial Hospital Dharan, where he died.
After the incident, local villagers reportedly demonstrated concerning the killing, calling for compensation to be provided to the victim’s family and for proper action to be taken against the perpetrator. The chief district officer and Senior Superintendent of Police (SSP) of the district police office have given assurance that they would provide one million rupees as compensation to the family, but the family has not received anything to date. The AHRC welcomes the prospect of the family receiving compensation for their loss, but calls for this to result from the completion of the judicial process rather than as an out-of-court settlement, as the punishment of the perpetrator, which can only be assured through the judicial process is a necessary component of the process of attaining justice.
Members of the district police office have stated that the alleged perpetrator, Ram Abtar Yadav, has been suspended from his functions and that a probe committee has been formed under the coordination of Deputy Superintendent of Police (DSP) Pradip Shrestha. This is welcomed, although there are concerns that the probe committee’s activities will not lead to the effective investigation or successful prosecution of the alleged perpetrator in this case. These concerns are based upon the fact that impunity for human rights violations, including extra-judicial killings, forced disappearance and torture, is rampant and remains one of the major challenges in the country. The authorities are urged to impartially and effectively investigate and prosecute this case and provide adequate reparation to the victim’s family in the event of State responsibility in this case.
SUGGESTED ACTION:
The AHRC is seriously concerned by the alleged extra-judicial killing of Bacha Ram Chaudari by Ram Abatar Yadav of Area Police Station Rupani, Saptari on October 7, 2006. You are requested to write to the Nepali authorities to urge them to ensure that this case is promptly, impartially and effectively investigated and that any person found responsible for this killing be prosecuted, with adequate reparation being provided to the family of the victim.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear___________,
NEPAL: Extra-judicial killing of 32-year-old Bacha Ram Chaudari by the police
Name of victim of extra-judicial killing: Bacha Ram Chaudari, aged 32, carpenter by occupation, the permanent resident of Rayapur VDC-9, Rayapur, Saptari District, Nepal
Alleged perpetrator: Police junior Ram Abatar Yadav of Area Police Station Rupani, Saptari District, Nepal
Date of incident: At around 8pm on 7 October 2006
Place of incident: at Raypur VDC-8, Rayapur, Saptari District, Nepal
I am gravely concerned by information that I have received concerning the alleged extra-judicial killing of 32-year-old carpenter Bacha Ram Chaudari, a permanent resident of Rayapur VDC-9, Rayapur, Saptari District, Nepal. Bacha Ram Chaudari was reportedly shot dead by police junior Ram Abatar Yadav of Area Police Station Rupani, Saptari on October 7, 2006, while he was returning home from Rupani Chock, Rayapur VDC.
According to the information received, at around 8 pm, police junior Ram Abtar attempted to detain Bacha Ram Chaudari at Raypur VDC-8. Bacha Ram Chaudari was reportedly dragged along the ground by Ram Abatar Yadav. The policeman reportedly threatened to shoot and kill Bacha Ram Chaudari. The victim managed to get free and attempted to escape, but was then allegedly shot in the back by Ram Abatar Yadav and fell to the ground having been hit twice. The policeman then reportedly kicked him several times while he was lying injured on the floor. The police claim that they were attempting to detain the victim because he was engaged in smuggling timber, but eyewitnesses and his family members deny that he was engaged in such activities. The police reportedly left the scene once they had shot Bacha Ram Chaudari.
Police junior Ram Abatar Yadav was reportedly on patrol in Rayapur VDC-8 along with other two security personnel, but was alone at the time of incident. The police have claimed that he opened fire upon Bacha Ram Chaudari in self-defence as a response to an attack by the victim. Eyewitnesses claim that Bacha Ram Chaudari was unarmed.
According to the information received, the victim was later taken to Sagarmatha Zonal Hospital, Rajbiraj in a police van, before being transferred to B. P. Koirela Memorial Hospital Dharan, where he died.
After the incident, local villagers reportedly demonstrated concerning the killing, calling for compensation to be provided to the victim’s family and for proper action to be taken against the perpetrator. The chief district officer and SSP of the district police office have given assurance that they would provide one million rupees as compensation to the family, but the family has not received anything to date.
I welcome the prospect of the family receiving compensation for their loss, but I call on you to ensure that will result from the completion of the judicial process rather than as an out-of-court settlement, as the punishment of the perpetrator, which can only be assured through the judicial process, is a necessary component of the process of attaining justice.
Members of the district police office have stated that the alleged perpetrator, Ram Abtar Yadav, has been suspended from his functions and that a probe committee has been formed under the coordination of DSP Pradip Shrestha. This is welcomed, although there are concerns that the probe committee’s activities will not lead to the effective investigation or successful prosecution of the alleged perpetrator in this case. These concerns are based upon the fact that impunity for human rights violations, including extra-judicial killings, forced disappearance and torture, is rampant and remains one of the major challenges in the country.
I urge you to ensure that this case is impartially and effectively investigated and prosecuted, and that adequate reparation is provided to the victim’s family in the event of State responsibility in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Prime Minister Girija Prasad Koirala
Prime Minister’s office
Singha Durbar
Kathmandu, Nepal
Fax: + 977 142 27286
Email: info@opmch.gov.np
2. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np
3. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com
4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org
5. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
6. Police HR Cell
Human Rights Cell,
Nepal Police
Email: hrcell@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
