NEPAL: Extra-judicial killings of four Maoists by Nepalese Security Forces 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-08-2005
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that four men, namely Laxaman Pun, Prithvi Gautam B.K. (also known as Suraj), Sher Bahadur Budha (also known as Dinesh) and Lok Bahadur Pun (also known as Paisas), were shot dead by security forces on 26 December 2004.  No inquiry was conducted before their execution.

This incident took place during a raid on a home by the security forces.  After establishing that the men were hiding in the home, the security forces dragged them outside and effectively took them into their custody.  They then took the men behind the house and shot them.  Such actions demonstrate a clear case of extra-judicial killings.

We call for your urgent intervention into this matter. Please urge the Government of Nepal to order an immediate investigation into this case and bring the perpetrators to justice without delay. Please also urge the government to strictly instruct the army and the police to stop the ongoing illegal arrest, detention, torture and extra-judicial killings of civilians in Nepal.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim:
1) Laxaman Pun, Uwa Village Development Committee (VDC), Rolpa District, Area Secretary of Kaski 4 No area of the Communist Party of Nepal (CPN – Maoist)
2) Prithvi Gautam B.K. (also known as Suraj), Putalibazar Municipality, Syangja District, District Committee member, CPN
3) Sher Bahadur Budha (also known as Dinesh), Battalion Vice Commander, People’s Liberation Army, CPN
4) Lok Bahadur Pun (also known as Paisas), Area Member of Kaski 4 No area of CPN
Place of residence: Residence of Mr Rudra Prasad Rijal, in Bhuk Tangle VDC-6, Pyukha, Parbat District, Nepal
Perpetrators: About 50-60 Security forces from Durgadal Gulm (Company) and Chandika Armed Police Barrack, Kushma, Parbat

Case details:

At about 8:00pm on 25 December 2004, the four victims named above went to the residence of Mr Rudra Prasad Rijal in Bhuk Tangle VDC-6, Pyukha, Parbat District, to seek food and shelter. The men did no possess any weapons, but they were carrying some bags.  After dinner, the men went to bed at 9:30pm.

The next morning, at around 4:30am, a group of security forces, from Durgadal Gulm (Company) and Chandika Armed Police Barrack, Kushma, Parbat, forced their way into Mr Rijal’s house.  When they saw the bags on the ground, they shouted at Mr Rijal to tell them where the four men were.  They then demanded to know who amongst those in the house were the immediate family of Mr Rijal, and who was not.  During this time, the four men were hiding upstairs.

In a state of fear, one of Mr Rijal’s daughters responded that the family consisted of five people, forgetting to include Mr Rijal’s granddaughter, which would have made six.  When the security forces counted six people in the house, they pointed a gun at Mr Krishna Prasad, Mr Rijal’s eldest son, suspecting him to be a Maoist.  They then took Mr Prasad to the outside cattle shed and demanded that the family members stand about fifty metres away from the house. By this time there were approximately fifty to sixty security force personnel surrounding the house.

The security forces then proceeded to shout towards the house for the four men to come out.  They threatened that if the men did not do so, they would burn the house down. However, the four men remained inside, despite the threat that had been made.  Five or six security force personnel then went inside and dragged the four men out.  Their hands were tied and the security forces were beating them as they dragged them along.  The four men were now effectively in the security forces custody.

The security forces then dragged the men behind the house.  Some time soon after, Mr Rajil, his family and nearby villagers heard gunfire.  The security forces then asked the family to sign a document, told them that the four men had been killed in an encounter and asked them not to go to the back of the house to see what was there.

SUGGESTED ACTION:

Please send a letter, fax or email to Lieutenant Colonel Raju Nepali, Head of the Royal Nepal Army Human Rights Cell, expressing your concern regarding the seriousness of this case.  Please also forward the same, or similar, letter to those authorities listed below.

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

SAMPLE LETTER

Dear Lieutenant Colonel Raju Nepali,

Re: Nepal: Extra-judicial killings of four Maoists by Nepalese Security Forces

Name of victim: 
1) Laxaman Pun, Uwa Village Development Committee (VDC), Rolpa District, Area Secretary of Kaski 4 No area of the Communist Party of Nepal (CPN - Maoist) 
2) Prithvi Gautam B.K. (also known as Suraj), Putalibazar Municipality, Syangja District, District Committee member, CPN
3) Sher Bahadur Budha (also known as Dinesh), Battalion Vice Commander, People's Liberation Army, CPN
4) Lok Bahadur Pun (also known as Paisas), Area Member of Kaski 4 No area of CPN
Place of residence: Residence of Mr Rudra Prasad Rijal, in Bhuk Tangle VDC-6, Pyukha, Parbat District, Nepal
Perpetrators: About 50-60 Security forces from Durgadal Gulm (Company) and Chandika Armed Police Barrack, Kushma, Parbat

I am deeply concerned by information I have received regarding the extra-judicial killings of four men, namely Laxaman Pun, Prithvi Gautam B.K. (also known as Suraj), Sher Bahadur Budha (also known as Dinesh) and Lok Bahadur Pun (also known as Paisas), by security on 26 December 2004.  I am aware that no inquiry was conducted before their execution.

This incident took place during a raid on a home by the security forces.  After establishing that the men were hiding in the home, the security forces dragged them outside and effectively took them into their custody.  They then took the men behind the house and shot them.  After burying the men in a nearby jungle, the security forces demanded witnesses to sign documents and to say that the men were killed during an encounter, which they clearly were not.

It is a fundamental principle of law that if any person commits a crime, he should be arrested and prosecuted by the criminal justice system in their country in any circumstances including armed conflict. However, in this incident, this basic principle was ignored by the security forces, who have the responsibility to protect its own citizens. Instead, they arbitrarily detained and executed these men, without any proper inquiry. 

In light of this, I urge you to immediately intervene into this matter and ensure that an impartial and thorough investigation be conducted into the circumstances surrounding this incident. Action must be taken against the perpetrators without delay. Lastly, I urge the government of Nepal to strictly instruct the security forces to stop the ongoing illegal arrest, detention, torture and extra-judicial killings of civilians.

If the government of Nepal does not take immediate and genuine action to stop extra-judicial executions, forced disappearances, torture and the repression of civil society, the rule of law in the country will collapse further and it will take a long time for it to be restored. 

Thank you for your attention. 

Yours truly, 


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SEND A LETTER TO:

1. Lieutenant Colonel Raju Nepali 
Head Royal Nepal Army Human Rights Cell 
Royal Nepalese Army Headquarters 
Singha Durbar 
Kathmandu 
NEPAL
Fax: + 977 1 4 226 292 or 245 020

SEND COPIES TO:

1. Hon. Sher Bahadur Deuba
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. Mahadev Yadav
Attorney General
Office of the Attorney General 
Ramshahpath, Kathmandu, 
NEPAL
Tel: +977 1 4 262548 (direct line)/262394 (through Personal Assistant)
Fax. +977 1 4 262582
Email: fpattorney@most.gov.np

3. 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

4. Mr. David Johnson
Senior Human Rights Advisor
C/o UNDP, UN House
P.O. Box: 107
Pulchowk, Kathmandu
NEPAL
Tel: +977 1 5 524 366 / 5 523 200
Fax: +977 1 5 523 991 / 5 523 986
Email: david.johnson@undp.org

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: urgent-action@ohchr.orglventre@ohchr.org


Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-08-2005
Countries : Nepal,
Issues : Extrajudicial killings,