Dear friends,
The Asian Human Rights Commission (AHRC) adds its voice to the protests which have been taking place in Bulatawar for several weeks now denouncing the overarching impunity stemming from an extreme state of decay of the rule of law, which allows violence and violations of rights to go unabated and unchecked. The case of Ujjan Kumar Shrestha is an example and reveals the political disdain for justice and the rule of law. The institutions that are unable to uphold the rights of all equally have left families of conflict victims deprived of the protection of the law. Mr Shrestha was killed in 1998 for having married a woman from another caste. Although the main perpetrator has been convicted to life-imprisonment, a sentence upheld by the Supreme Court, he has spent only a few years behind the bars and remained an active member of the Constituent Assembly until its dissolution.
CASE NARRATIVE:
According to the information we have received, in the early morning of June 24, 1998, Ujjan Kumar Shrestha left his home in the direction Ramechhap in order to buy some goods. He was seen walking through Khahare Dobhar, at Tarkerabari Ward No. 7, Okhaldhunga, when seven people, namely Balkrishna Dhungel, Pushkar Gautam, Thal Bahadur Poudel, Dor Bahadur Poudel, Ram Bahadur Shrestha, Thir Bahadur Khatri and Parbat Raj Bhattarai stopped and encircled him. They took him to a watercourse nearby. Balkrishna Dhungel is reported to have shot him dead and dragged his corpse to the Likhu River and threw it in with the help of Pushkar Gautam.
It is reported that Ujjan had been receiving death threats for several weeks after marrying a woman from a different caste, the sister of Thal Bahadur Poudel, Dor Bahadur Poudel and kin of Balkrishna Dhungel.
A First Information Report was registered by Ujjan’s brother on June 30, 1998 in the District Police Office, Okhaldhunga. A police crime scene report was prepared by the Area Police Office, Khiji Falante, Okhaldhunga which states that there were blood stains everywhere at the scene of the incident, small bushes and weeds were crushed in the maize field, rice plants were macerated, blood marks were found on the stones at the bank of the river, one torch light was found there, as well as a large blood stain on the other side of the river, supporting the eyewitnesses’ account.
Following this investigation, the public prosecutor filed the charge sheet against the seven perpetrators. On 10 May 2004, Dhungel was convicted for murder and sentenced to life imprisonment and confiscation of his property by Okhaldhunga District Court. Ram Bahadur Shrestha and Thir Bahadur Khatri were also sentenced for aiding and abetting the murder to three years of imprisonment.
Balkrishna Dhungel was acquitted by the Okhaldhunga Appelate court on June 25, 2006, but the public prosecutor challenged this decision in the Supreme Court. He was therefore released from jail after seven years, six months and eight days behind bars. On January 3, 2010, a joint bench of Honorable Justices Tap Bahadur Magar and Rajendra Prasad Koirala came to the decision that defendant Balkrishna Dhungel would be sentenced to life imprisonment as per 13 (1) of the Chapter on Homicide and the previous courts’ decision regarding others would be upheld. In spite of the Supreme Court decision, Dhungel was not arrested and his assets were not confiscated. He was elected member of the Constituent Assembly in 2008 and remained in this position until the dissolution of the CA.
Further, since 2011 the Maoist-led government has tried everything possible, directly intervening in the due course of justice, to grant amnesty to Dhungel, bending only in the face of considerable opposition from the human rights movement. In May 2011, the government included Dhungel’s case in a list of cases it termed as being “politically motivated” and for which it applied for withdrawal. In May this year, the government has made several attempts to massively withdraw cases dating back to the time of the conflict, terming them as politically motivated. Such a move faced considerable opposition from the national and international human rights community, triggering the government to abandon it. On 14 June 2011, the victim’s relatives filed a petition in the Supreme Court seeking an interim order against Dhungel. On 26 June 2011 the Supreme Court found that there was no legal barrier to his arrest, nevertheless, no steps have been taken in that sense.
Further, on November 8, 2011 the government decided to send its recommendation to President Dr. Ram Baran Yadav to ask for amnesty to Dhungel, stating that it had found the case to be “politically motivated”. The amnesty has not concretized but neither were further steps taken to bring Dhungel to book.
The family has faced a series of attacks and threats to discourage them from seeking justice which culminated in the murder of Ujjan’s elder brother, Ganesh Kumar Shrestha in retaliation.
SUGGESTED ACTION:
Please join us in taking a strong stance against impunity and writing to the authorities listed below to ask for their intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Support to protests against impunity: the murderers of Ujjan Kumar Shrestha must be brought to book
Name of victim: Mr. Ujjan Kumar Shrestha
Names of alleged perpetrators: Balkrishna Dhungel, Pushkar Gautam, Thal Bahadur Poudel, Dor Bahadur Poudel, Ram Bahadur Shrestha, Thir Bahadur Khatri and Parbat Raj Bhattarai
Date of incident: 24 June 1998
Place of incident: Khahare Dobhar, at Tarkerabari Ward No. 7, Okhaldhunga
I am writing to join the concert of voices which have been raised against impunity and have gathered in Balutawar to demand justice for all and accountability for human rights violations. I am writing in particular to raise my concern about ongoing inaction to bring the perpetrators of Ujjan Kumar Shrestha’s murder to book.
According to the information I have received from the Asian Human Rights Commission, in the early morning of June 24, 1998, Ujjan Kumar Shrestha left his home in the direction Ramechhap in order to buy some goods. He was seen walking through Khahare Dobhar, at Tarkerabari Ward No. 7, Okhaldhunga, when seven people namely Balkrishna Dhungel, Pushkar Gautam, Thal Bahadur Poudel, Dor Bahadur Poudel, Ram Bahadur Shrestha, Thir Bahadur Khatri and Parbat Raj Bhattarai stopped and encircled him. They took him to a watercourse nearby. Balkrishna Dhungel is reported to have shot him dead and dragged his corpse to Likhu River in which it was thrown, with the help of Pushkar Gautam.
It is reported that Ujjan had been receiving death threats for several weeks after marrying a woman from a different caste, the sister of Thal Bahadur Poudel, Dor Bahadur Poudel and kin of Balkrishna Dhungel.
A First Information Report was registered by Ujjan’s brother on June 30, 1998 in the District Police Office, Okhaldhunga. A police crime scene report was prepared by the Area Police Office, Khiji Falante, Okhaldhunga which states that there were blood stains everywhere at the incident place, small bushes and weeds were crushed in the maize field, rice plants were macerated, blood marks were found on the stones at the bank of the river, one torch light was found there, as well as a big mark of blood on the other side of the river, supporting the eyewitnesses’ account.
Following this investigation, the public prosecutor filed the charge sheet against the seven perpetrators. On 10 May 2004, Dhungel was convicted for murder and sentenced to life imprisonment and confiscation of his property by Okhaldhunga District Court. Ram Bahadur Shrestha and Thir Bahadur Khatri were also sentenced for aiding the murder to three year imprisonment.
Balkrishna Dhungel was acquitted by the Okhaldhunga Appelate court on June 25, 2006, but the public prosecutor challenged this decision in the Supreme Court. He was therefore released from jail, after seven years, six months and eight days behind the bars. On January 3, 2010, a joint bench of Honorable Justices Tap Bahadur Magar and Rajendra Prasad Koirala came to the decision that defendant Balkrishna Dhungel would be sentenced to life imprisonment as per 13 (1) of the Chapter on Homicide and the previous courts’ decision regarding others would be upheld. In spite of the Supreme Court decision, Dhungel was not arrested and his assets were not confiscated. He was elected member of the Constituent Assembly in 2008 and remained in this position until the dissolution of the CA.
I am concerned to hear that, since 2011 the Maoist-led government has tried all that was possible, directly intervening in the due course of justice, to grant amnesty to Dhungel, bending only in the face of considerable opposition from the human rights movement. In May 2011, the government included Dhungel’s case in a list of cases it termed as being “politically motivated” and for which it applied for withdrawal. May this year, the government has made several attempts to massively withdraw cases dating back to the time of the conflict, terming them as politically motivated. Such a move faced considerable opposition from the national and international human rights community, triggering the government to abandon it. On 14 June 2011, the victim’s relatives filed a petition in the Supreme Court seeking an interim order against Dhungel. On 26 June 2011 the Supreme Court found that there was no legal barrier to his arrest, nevertheless, no steps were taken in that sense.
Further, on November 8, 2011 the government decided to send its recommendation to President Dr. Ram Baran Yadav to ask for amnesty to Dhungel, stating that it had found the case to be “politically motivated”. The amnesty has not concretized but I am concerned that neither were further steps taken to bring Dhungel to book.
The family has faced a series of attacks and threats to discourage them from seeking justice which culminated in the murder of Ujjan’s elder brother, Ganesh Kumar Shrestha in retaliation.
I therefore urge you to ensure that the ordeal faced by Ujjan’s family does not remain in vain and that the Supreme Court’s judgement is executed, by ensuring that Dhungel’s serves his prison sentence.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Kuber Singh Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Rt. Hon. Dr. Baburam Bhattarai
Prime Minister of Nepal
Office of the Prime Minister and Council of Nepal
Singh Durbar
P.O. Box: 43312
Kathmandu
NEPAL
Fax: +977 1 4211 086
Email: info@opmcm.gov.np,
bhattaraibaburam@gmail.com
3. Hon. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan, Pulchowk, Lalitpur,
NEPAL
Tel.: +977 1 5010015 (Hunting Line)
Fax: +977 1 5547973
E-mail: complaints@nhrcnepal.org
nhrc@nhrcnepal.org
4. Mr. Mukti Narayan Pradhan
Office of Attorney General
Ramshah Path
Kathmandu, Bagmati
NEPAL
Tel: +977 1 4240210 ,+977 1 4262548, +977 1 4262394
Fax: +977 1 4262582, +977 1 4218051
Email: info@attorneygeneral.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
