ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC UAC-003- 2021
January 29, 2021
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NEPAL: Save Ganga Maya Adhikari
ISSUES: Administration of justice, right to life, women’s rights
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Dear Friends,
The Asian Human Rights Commission (AHRC) is bringing to your attention the case of Ganga Maya Adhikari. She has already been staging another fast-unto-death hunger strike for over a month. According to her doctors, Ganga Maya’s overall health condition is deteriorating rapidly.
CASE NARRATIVE:
The Asian Human Rights Commission has received information from the Advocacy Forum (AF) Nepal, regarding the deteriorating health condition of Ganga Maya Adhikari. She is the mother of a 16-year-old boy, Krishna Prasad Adhikari, who was tortured to death in 2004 by the then rebel group, Nepal Communist Party Maoist. Mrs. Adhikari has been staging yet another fast-unto-death hunger strike at the National Trauma Centre since 21 December 2020. She is demanding justice for her slain son. According to her Doctors, Ganga Maya’s health condition is becoming critical. She has stopped taking her medicine and her body is not responding properly to treatment.
Nepal is freshly-elected as a member of the United Nations Human Rights Council for its second term. The plight of Ganga Maya Adhikari and the fate of many other victims are on the line. Their demand for truth and justice is a stark reminder of Nepal’s repeated lies. They give lip service to promises and commitments made consistently at National and International Forums.
For over 16 years, Ganga Maya Adhikari has been demanding action, most adamantly, against those responsible for her son’s murder. Seeking justice, Nanda Prasad Adhikari (Ganga Maya’s husband) died in hospital on 22 September 2014, on the 334th day of his hunger strike.
The AHRC, the AF and human rights lawyers have documented abundant evidence to show the lack of due diligence in the investigation. This evidence could lead to the prosecution and punishment of those involved in Krishna Prasad Adhikari’s case. Although the Supreme Court had earlier ordered his case to be opened, the investigation was far from being independent and impartial. Furthermore, it was alleged that State Agencies colluded to ensure impunity for the alleged perpetrators rather than to ensure justice for the victims. Against this backdrop, we strongly urge a re-investigation of the Krishna Prasad Adhikari case. Also needed is a formal, official criminal investigation by a team of independent experts.
Two Transitional Justice Mechanisms, i.e., The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) have failed to clarify the fate of one single victim during their 5 year mandate. This failure is compounded by a number of factors. Most notably is the State’s refusal to amend the Act setting up these Commissions. They are of significance as they mandate their power by granting amnesty to those involved in international crimes and gross violations of human rights. Despite the Supreme Court’s order to amend the Act, issued in February 2015, the Government continues to fail to amend the Act. Instead, it has appointed Commissioners for their political expediency, while ignoring their independence and impartiality.
We call upon the Government of Nepal:
– To immediately save Ganga Maya Adhikari’s life by making a genuine commitment to reopen a credible investigation of the case,
– To immediately amend the TRC Act through a consultative process respecting the decision of the Supreme Court of Nepal and Nepal’s international obligation to ensure truth, justice, and reparation for victims of conflict.
Do not prevent victims from accessing the regular justice system when the transitional justice mechanisms fail to offer effective remedies to victims.
We urge our readers to send the following letter to the authorities mentioned below.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
NEPAL: Save Ganga Maya Adhikari
Name of victims: Ganga Maya Adhikari
Name of alleged perpetrators: Government of Nepal
Date of incident: 21 December 2020 to the present
Place of incident: Kathmandu, Nepal
I am writing to voice my deep concern regarding the deteriorating health condition of Ganga Maya Adhikari. She is the mother of a 16-year-old boy, Krishna Prasad Adhikari, who was tortured to death in 2004 by the then rebel group, Nepal Communist Party Maoist. Mrs. Adhikari has been staging yet another fast-unto-death hunger strike at the National Trauma Centre since 21 December 2020. She is demanding justice for her slain son. According to her Doctors, Ganga Maya’s health condition is becoming critical. She has stopped taking her medicine and her body is not responding properly to treatment.
Nepal is freshly-elected as a member of the United Nations Human Rights Council for its second term. The plight of Ganga Maya Adhikari and the fate of many other victims are on the line. Their demand for truth and justice is a stark reminder of Nepal’s repeated lies. They give lip service to promises and commitments made consistently at National and International Forums.
For over 16 years, Ganga Maya Adhikari has been demanding action, most adamantly, against those responsible for her son’s murder. Seeking justice, Nanda Prasad Adhikari (Ganga Maya’s husband) died in hospital on 22 September 2014, on the 334th day of his hunger strike.
The AHRC, the AF and human rights lawyers have documented abundant evidence to show the lack of due diligence in the investigation. This evidence could lead to the prosecution and punishment of those involved in Krishna Prasad Adhikari’s case. Although the Supreme Court had earlier ordered his case to be opened, the investigation was far from being independent and impartial. Furthermore, it was alleged that State Agencies colluded to ensure impunity for the alleged perpetrators rather than to ensure justice for the victims. Against this backdrop, we strongly urge a re-investigation of the Krishna Prasad Adhikari case. Also needed is a formal, official criminal investigation by a team of independent experts.
Two Transitional Justice Mechanisms, i.e., The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) have failed to clarify the fate of one single victim during their 5 year mandate. This failure is compounded by a number of factors. Most notably is the State’s refusal to amend the Act setting up these Commissions. They are of significance as they mandate their power by granting amnesty to those involved in international crimes and gross violations of human rights. Despite the Supreme Court’s order to amend the Act, issued in February 2015, the Government continues to fail to amend the Act. Instead, it has appointed Commissioners for their political expediency, while ignoring their independence and impartiality.
I call upon the Government of Nepal:
– To immediately save Ganga Maya Adhikari’s life by making a genuine commitment to reopen a credible investigation of the case,
– To immediately amend the TRC Act through a consultative process respecting the decision of the Supreme Court of Nepal and Nepal’s international obligation to ensure truth, justice, and reparation for victims of conflict.
Do not prevent victims from accessing the regular justice system when the transitional justice mechanisms fail to offer effective remedies to victims.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Khadga Prasad Sharma Oli
Caretaker Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Ram Bahadur Thapa ‘Badal’
Caretaker Home Minister
Ministry of Home Affairs
Singh Durbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Bed Prasad Bhattarai
Secretary
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. Mr. Agni Prasad Kharel
Attorney General
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@attorneygeneral.gov.np
5. Mr. Shailesh Thapa Kshetri
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 Program
Asian Human Rights Commission (ua@ahrc.asia)
