NEPAL: An alleged serious assault of a political activist by Maoists in Bhojpur district

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to bring your notice the cases of abduction and a serious assault which has not yet been adequately investigated and in which no perpetrators have been arrested. The incident appears to be connected with a political dispute between two area groups of the CPN-M, popularly known as the Maoists and the Communist Party of Nepal -Unified Marxist and Leninist (CPN-UML), arising from the alleged forcible acquisition of land. At the moment Nepal is facing a period of transition from a long civil war and is struggling to establish the institutions of the state. Even under these circumstances to the right to security of all persons need to be guaranteed under a properly functioning criminal justice system. The civil disputes need to be brought to a dispute settlement system. It will not be for the benefit of the Nepalese people to allow further abuses of rights by any of the political parties taking the law into their own hands.

CASE DETAILS:

The AHRC has received information about an assault on Ram Singh Rai, allegedly over a dispute regarding the abduction of Kedar Karki by Pushpa Chamlagai (alias Biswas). It is alleged that when inquiries were made of Pushpa Chamlagai, Ram Singh Rai was assaulted by a group of men from Pushpa Chamlagai’s political party. The assault was reported to the police who took Ram Singh Rai to a district hospital. The victim was later transferred to a hospital in Katmandu and it is reported that he required five stitches in the head and suffered a fracture in his left hand, left wrist, and the shin bones of both legs and three bones in other parts of his body. He is also receiving a series of treatments for his lungs which were damaged to the assault (Please see the victim’s photos: photo 1, photo 2and photo 3).

According to reports the dispute relates to political matters of two groups in the areas, the Communist Party of Nepal -Unified Marxist and Leninist (CPN-UML) and the Communist Party of Nepal–Maoist (CPN-M). It is alleged that the CPN-M members in the area abducted Kedar Karki who is said to be an activist of the CPN-UML. On May 9, Kedar Karki was released and the CPN-M in Bhojpur district has denied that its members abducted him. The abduction and assault was reported to be linked to a land dispute which appears, in turn, to relate allegedly to forcible acquisition of the land of Mukunda Basnet and Dambar Besnet who are said to be landlords in the village. According to reports, in 2004 the lands were taken by CPN-M in the area with also some valuable trees, the materials of which are used for the making of necklaces, rings and the like.

The issues of human rights involved are, first of all the alleged abduction of Kedar Karki and the assault on Ram Singh Rai. A further issue is the absence of adequate inquiries to bring the perpetrators to justice. Yet a further issue is the alleged forceful acquisition of the property of Mukunda Basnet and Dambar Besnet.

The Nepalese at the movement are facing the problems of political transition following the elections of April 10. The majority in the parliament is held by the CPN-M.

The formation of the government and establishment of the rule of law are urgent matters that need to be addressed in order to ensure stability for the people of Nepal and in order to deal with criminal and civil disputes within the framework of the rule of law. Like several other countries Nepal had been through a long period of civil war. Such periods naturally result in complete displacement of all institutions that normally guarantee inquiries into crimes and the framework for the settlement of civil disputes. At the moment policing in all part of the country is in very poor condition and the policing in areas which were formally held by the CPN-M are still under the control of the same political party. In this situation obtaining justice has become difficult for everyone and particularly for those who are considered political opponents of that party.

The AHRC understands the difficulties involved in this period of transition from a long civil war. However, guaranteeing justice and the prevention of political assaults by any political groups against another are urgent problems that need to be dealt. Therefore we urge the government of Nepal and also the CPN-M which is now an elected party in the parliament to take steps to ensure justice to the victims mentioned in this case and also to find ways to deal with the land issue mentioned above.

SUGGESTED ACTION:
Please write to the concerned authorities listed below and express your serious concern about this case. Please urge them to immediately inquire this matter and bring those responsible to justice.

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