NEPAL: Another illegal arrest and disappearance of a man by the Joint-Security Forces

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by another illegal arrest and forced disappearance of a young man named Mr Naniram Kafle (23) by around 50 personnel of the Joint-Security Force, which took place in the Naubise Village Development Committee-1, Dharke, Dhading, Nepal on 21 September 2004. His whereabouts are currently unknown. Nanirm’s family worries that he might be subjected to torture, disappearance or even killing. 

We call for your urgent intervention into this matter. Please write to Major-General Sharma Thappa and other relevant authorities demanding immediate investigation into this case so that the family members can come to know the victim’s whereabouts, and the perpetrators can be brought to justice without delay. Please also urge Major-General Sharma Thappa to strictly instruct the army and the police to stop the ongoing illegal arrest, detention and disappearance of civilians.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Naniram Kafle, 23 years old, a farmer 
Address of the victim: Naubise Village Development Committee (VDC)-1, Dharke, Dhading, Nepal
Alleged perpetrators: around 50 personnel of the Joint-Security Force, consisted of Royal Nepal Army (RNA), armed police and the police
Date of incident: 21 September 2004

Case details: 

At about 0:30 a.m. of 21 September 2004, a 23-year-old farmer, Mr Naniram Kafle, was arrested at his house in Naubise VDC-1, Dharke, Dhading, Nepal by about 50 personnel of the Joint-Security Force (JSF), which consisted of army soldiers, armed police and the police. 

When they arrived in Naniram’s house, the JSF personnel kicked the door and shouted to open it. Some of them were in uniform while others were in plain clothes. When the scared family opened the door, the JSF personnel came into the house and arrested Naniram without telling any reason for his arrest. They did not show an arrest warrant, either. When Naniram’s family asked why the victim was arrested, the JSF personnel simply replied that they wanted to inquire about something from him and would release him after 4-5days, after they finished the interrogation. Despite repeated requests of the family, the JSF did not even tell them where Naniram would be taken. Since then, his whereabouts have been unknown.

Naniram’s family waited for five days but the victim did not return to home. To locate Naniram, the family then went to various police stations and army barracks, where the officers completely denied his arrest. The victim’s father, Mr. Narayan Prasad Kafle, filed a complaint about his son’s disappearance at the National Human Rights Commission on October 4 (registration no. 1270). However, no serious action has been taken to investigate this matter. The family have said that they do not even know whether he is alive or not. 

ADDITIONAL INFORMATION:

Disappearances are a daily event in Nepal. Its National Human Rights Commission alone has recorded some 1400 cases, most involving the military. Those disappeared seldom return: most are killed, their bodies never returned to their relatives, who have no means to complain or protest. The few who do survive find it hard to live a normal life after what they have experienced.

The government of Nepal is in chaos. It is clearly unable to ensure the security of its people. During 2004, the AHRC raised its voice on a number of occasions when government security forces resorted to unnecessary violence as a means of control. With government consent, these agencies have arbitrarily arrested, tortured, extrajudicially killed and forcibly disappeared thousands upon thousands of citizens: most have fallen victim to units under the Joint Command of the Royal Nepal Army, and most are ordinary people innocent of any crimes. 

The government has gone so far as to help the security forces to conceal grave human rights violations, particularly disappearances. Even the highest court of the country and the National Human Rights Commission have been directed not to discuss violations committed by the military, thereby denying any possibility of relief for the victims. And with the police and military refusing to admit that large-scale disappearances are occurring, domestic law-enforcement agencies, including the courts, are unable to do anything. Local police often refuse to register complaints of disappearance, and the Supreme Court is reluctant to intervene on grounds of lack of evidence and authority. Cases filed before it are rejected summarily, causing those who had once dared to lodge complaints to no longer bother. Civilians cannot get access to military courts, and these are anyhow far below accepted standards of impartiality. All government organs responsible for disappearances enjoy absolute impunity. The result is overwhelming fear, helplessness and silence. The situation in the Maoist-controlled regions is equally bad since virtually no civilian law enforcement agencies are operative there at all.

SUGGESTED ACTION:
Please send a letter, fax or an email to Major-General Sharma Thappa and ask him to take immediate action into this case.

To support this case, please click here: SEND APPEAL LETTER