NEPAL: Alleged rape of two teenage girls by Nepalese police 

Dear Friends

The Asian Human Rights Commission (AHRC) has received information that two young girls, Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old), were gang-raped by seven armed police force personnel attached to the police precinct of Kohalpur in Far Western region, Nepal. The victims have filed a complaint against the perpetrators and the perpetrators have been detained by the police. However, the perpetrators have threatened the victims to withdraw the complaint against them. More seriously, even the police of the district police office Banke that is conducting the investigation have pressured the victims several times to compromise with the perpetrators. Now, the victims are worrying about their security. In Nepal, there are numerous rape cases by the police, who then continue at their jobs without any punishment or discipline.

AHRC requests you to express your concern to the local authorities about this serious case and pressure them to conduct an immediate and thorough investigation on this matter.

Urgent Appeals Desk

The Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

– Name of the victims: Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old) of Belawa-5, Mahadev Village, Bardiya District

– Name of Perpetrators: Sub Inspector Judda Bahadur Shahi, Police Constable Upendra Khadka, Policemen Bhim Bahadur Chand, Ram Bahadur Sunar, Bhakta Bahadur Nepali, Mangit Oli and Hariji attached to the District Police Precinct Banke (they are now in detention of the District Police station of Banke)

– Date of incident: 27 September 2003

– Case status: Danger of inaction due to police pressure

Details of incident:

Janaki Chaudhari (16 years old) and Chinki Chaudhari (14 years old) were working as day laborers in the building construction site of the Armed Police in Rajhena, Banke. On the night of 27 September 2003, both of the victims and one male worker named Sarju were sleeping in a dormitory room at the construction site. Seven armed policemen, named above, came to their place and asked how many were in the room. After they found out there were two girls and one boy, the policemen entered the room, switched off the light, and threatened the male worker. Then they forced the victims to go outside with them.

The policemen took the victims to a nearby garden and gang-raped them. Four different policemen raped each of them and one policeman raped both of them. Altogether all seven policemen were involved in the rape. While they were raping the victims, the policemen threatened them that they would kill both of them if they would shout or make any noise. After the rape, the policemen told the victims to go back to the dormitory room and remain quiet and work as normal.

After they went back to the room, the victims explained to the male worker what had happened to them. The next morning (28 September) when the contractor (Thekedar) came to the construction site, they explained to him about the incident, too. With the assistance of the contractor, the victims reported the incident to the police station. The policemen interrogated the victims and recommended them to go to the District Police Precinct, Banke. On 30 September 2003, both of the victims and Chinki Chaudhari’s father, Mr. Miju Chaudhari, went to District Police Precinct, Banke, and made a complaint against the perpetrators. During their visit to Banke, the police paid for their stay in the hotel for one night and took the victims to the Kohalpur Medical College for medical examinations. After making the complaint, the seven perpetrators have been kept in police custody for investigation at the District Police Precinct, Banke.

According to Janaki’s testimony, “I became ill after the incident. I had fever for three days and I had pain. I still have terrible nightmares about the policemen raping me. I am scared and worried all the time.” Chinki also reported being ill after the incident.

Danger of police inaction and cover-up of the case

On 25 October 2003, there was a first hearing in the District Court, Banke, in order to decide whether to detain the accused or release them on bail. The court ordered the perpetrators to prison to await their trial.

However, there have already been several indications that the police will not take this case seriously.

For example, some police officers of the District Police Precinct suggested to the victims that they negotiate with the detained perpetrators to settle the case. When they met the perpetrators, they offered Rs. 5,000(US$ 67) to each person and asked them to withdraw the complaint. The perpetrators also threatened that they will have some difficulties if they would challenge the police.

In addition, it was reported that plain clothes police followed the lawyers who helped the victims have medical examinations. The male worker who was in the dormitory with the victims at the date of incident has also disappeared.

More seriously, the Superintendent of Police Mr. Shree Bahadur Ghale said that he thought the policemen had sex with the girls with their agreement, even though informally the perpetrators admitted to the crime. The perpetuators later denied the crime and insisted that the contractor of the construction was using the two girls to make false accusations against them because he had bad relation with police in the past. However, they admitted that they visited the construction site on that day in their patrolling.

In a press release issued on 25 October 2003, the Armed Police Force (APF) denied that a group of seven police gang-raped the two girls. “No staff from the APF were involved in the reported rape case in Nepalgunj nor anyone of the force has been arrested on rape charges,” the statement from APF headquarters said.

It is a very worrying situation that the case may be covered up due to police inaction. The two victims didn’t come back to their village and currently have hidden at some place because they are worrying about their safety.

SUGGESTED ACTION:

Please send a letter, fax or email to the local authorities to express your concern on this case. A sample letter is attached.

Please send a letter, fax or e-mail to:

1. Hon. Surya Bahadur Thapa

Prime Minister

Office of the Prime Minister

Singha Durbar, Kathmandu,

NEPAL

Tel: +977 1 228555 or 227955

Fax: +977 1 4 227 765 / +977 1 227286

Email: hmg@es.wlink.com.np

2. Mr. Keshav Prasad Upadhaya

The Chief Justice

Singha Durbar, Kathmandu,

NEPAL

Tel: +977 1 4 262546

Fax: +977 1 4 262878

3. Chief of Armed Police Officer

Kathmandu

NEPAL

Tel: +977 1 4 275 685

Fax: +977 1 4 277 418

4. Mr. Nain Bahadur Khatri

Chairman of the National Human Rights Commission

Pulchowck, Lalitpur

NEPAL

Tel: +977 1 5 547 974 or 525 659 or 547 975

Fax: +9771 5 547 973

Email: nhrc@ntc.net.np

5. Ms. Yakin Ertk
Special Rapporteur on Violence against Women
OHCHR-UNOG
8-14 Avenue de la Paix,
1211 Geneva 10,
SWITZERLAND
Fax: 41 22 917 9022 / 41 22 917 9011

6. Mr. John Bevan

Officer in Human Rights Section

C/o UNDP, UN House,

P.O. Box: 107

Pulchowk, Kathmandu

NEPAL

Tel: +977 1 5 524 366 / 5 523 200

Fas: +977 1 5 523 991 / 5 523 986

Email: john.bevan@undp.org

 

 

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