ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC UAC-006-2021
28 May 2021
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NEPAL: Torture and extrajudicial killing by the duty police officer of border out-post
ISSUES: Torture, excessive use of force, extrajudicial killing
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Dear Friends,
The Asian Human Rights Commission (AHRC) is bringing to your notice an incident where the police officer misused his authority, tortured, and even shot and killed a 23 old year man after a minor argument near the Nepal-India border out-post.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum (AF) Nepal that a police officer used excessive use of force and even shot-dead Abinash Rajbhar (Ray) at around 9:30 am on 18 May 2021. According to the information that we have received, Abinash Rajbhar (Ray) was injured in Armed Police gun firing near Nepal-India border at Nathui of Susta Rural Municipality, Ward No. 5, West Nawalparasi.
According to the District Police Office’s Speaker SP Raju Lama, he was shot below his knees and excessive bleeding was the cause of his death. He was taken to local Shahid Smriti Hospital, Chaupat, however, the Hospital referred him to the City Hospital, Butwal. The hospital declared him dead on arrival. He died on the way to the hospital.
But according to Anju Chaudhari, Vice-chair, of the Pratappur Rural Municipality, he was shot just below the waist at his thigh slightly injuring his private parts, and he died due to the excessive bleeding. The police opened the fire while the locals made arguments with the Armed Police Force (APF) deployed there about crossing the border. The Chief District Officer (CDO) Dharmendra Mishra said, “Initially the duty officer tried to stop around 5 people who were trying to cross the border but they presented aggressive behavior to the police. Later, more youths from the village arrived and began to attack the police, and the police officer opened fire in self-defense.”
Likewise, APF 26 No. Headquarters’ Superintendent of Police, Mahesh Adhikari informed that the locals attacked the duty police officer by pelting stones and ASI Shankar Budhathoki was severely injured on his head during the scuffle. He said that around 5 locals were trying to cross the border and argued with the APF deployed at the check-post. In the beginning, they did not listen the police’s instruction. The youths summoned more (around 50/60) youths from the village later and started to attack on the police with stone and pebbles. The police opened fire on air first but police were forced to open fire over the crowd while they did not stop attacking. (https://english.onlinekhabar.com/nawalparasi-youth-dies-in-police-squads-fire.html)
However, the family members and eyewitnesses gave a different information about the incident. They said that the same police officer first let Bipin Rajbhar (Ray), youngest brother of Abinash Rajbhar (Ray), to cross the border to India and later they stopped him while he returned after shopping some cloths and medicines for his father.
That morning, Bipin had gone to India with the police officer’s permission with Amit Rajbhar in his motorbike. Upon returning, they found that the police officer was drunk and was with a woman who smuggles goods across the border. The police officer snatched the motor-bike’s key, and the argument started there. Bipin and Amit asked for the reason for letting them to go to India and stopping while returning. Upon this, the police officer assaulted and slapped them and said, “Do not be too smart.” Then Bipin made a phone call to Abinash and informed him about the misbehavior by the police officer, and seizure of the motorbike’s key.
After some time, Abinash arrived and saw Bipin’s face down and in stress as he was assaulted and beaten by the Border Outpost Police. Getting angry, Abinash questioned the police, ‘Why they let the smugglers cross the border for trading but stop the public who cross the border for emergency needs?’ As the arguments was going on, the woman who was drinking with the police officer provoked him to fire. The police officer opened the fire directly targeting to Abinash. During the argument between Abinash and the police officer, some locals and passersby gathered there to listen to the argument, but it was only after the gun shot that 20-25 people gathered there.
On May 20, 2021, the Ministry of Home Affairs has formed an Investigation Committee in Coordination of the Joint Secretary Mr. Krishna Prasad Panta and APF DIG Mr. Kishor Pradhan, Nepal Police’s SP Mr. Madhusudan Luitel, Home Ministry’s Under Secretary Mr. Madhav Prasad Pokharel and Mr. Sushanta Sharma, Director of National Investigation Department as members of the committee. They have mandate to submit the report within seven days, i.e., by May 26, 2021, and which has not been submitted yet.
The Asian Human Rights Commission (AHRC) condemns police actions involving beating and shooting during a minor dispute. The police officer was also drunk during his duty hours. It seems that the police in Nepal are regressing to medieval methods, and shooting to kill in order to maintain peace and order in society citing Covid-19 pandemic.
We call upon the Government of Nepal:
• To thoroughly and impartially investigate the case,
• To make public the report of the investigation committee formed by the Ministry of Home Affairs,
• To take stringent legal action against the perpetrator/s,
• To provide justice and adequate compensation to the family members of the victim,
• To guarantee of non-repetition of such violations in future.
We urge the readers to send the following letter to the authorities mentioned below.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
NEPAL: Torture and extrajudicial killing by the duty police officer of border out-post
Name of victims: Abinash Rajbhar (Ray)
Name of alleged perpetrators: Duty Police Officer of Border Out-Post, Nathui Border of Susta Rural Municipality, Government of Nepal
Date of incident: 18 May 2021 to the present
Place of incident: Nathui Border (Nepal-India) of Susta Rural Municipality, Ward No. 5, West Nawalparasi, Lumbini Province, Nepal
I draw your attention to the following incident where a police officer used excessive use of force and even shot-dead Abinash Rajbhar (Ray) at around 9:30 am on 18 May 2021. According to the information that I know, Abinash Rajbhar (Ray) was injured in Armed Police gun firing near Nepal-India border at Nathui of Susta Rural Municipality, Ward No. 5, West Nawalparasi.
According to the District Police Office’s Speaker SP Raju Lama, he was shot below his knees and excessive bleeding was the cause of his death. He was taken to local Shahid Smriti Hospital, Chaupat, however, the Hospital referred him to the City Hospital, Butwal. The hospital declared him dead on arrival. He died on the way to the hospital.
But according to Anju Chaudhari, Vice-chair, of the Pratappur Rural Municipality, he was shot just below the waist at his thigh slightly injuring his private parts, and he died due to the excessive bleeding. The police opened the fire while the locals made arguments with the Armed Police Force (APF) deployed there about crossing the border. The Chief District Officer (CDO) Dharmendra Mishra said, “Initially the duty officer tried to stop around 5 people who were trying to cross the border but they presented aggressive behavior to the police. Later, more youths from the village arrived and began to attack the police, and the police officer opened fire in self-defense.”
Likewise, APF 26 No. Headquarters’ Superintendent of Police, Mahesh Adhikari informed that the locals attacked the duty police officer by pelting stones and ASI Shankar Budhathoki was severely injured on his head during the scuffle. He said that around 5 locals were trying to cross the border and argued with the APF deployed at the check-post. In the beginning, they did not listen the police’s instruction. The youths summoned more (around 50/60) youths from the village later and started to attack on the police with stone and pebbles. The police opened fire on air first but police were forced to open fire over the crowd while they did not stop attacking. (https://english.onlinekhabar.com/nawalparasi-youth-dies-in-police-squads-fire.html)
However, the family members and eyewitnesses gave a different information about the incident. They said that the same police officer first let Bipin Rajbhar (Ray), youngest brother of Abinash Rajbhar (Ray), to cross the border to India and later they stopped him while he returned after shopping some cloths and medicines for his father.
That morning, Bipin had gone to India with the police officer’s permission with Amit Rajbhar in his motorbike. Upon returning, they found that the police officer was drunk and was with a woman who smuggles goods across the border. The police officer snatched the motor-bike’s key, and the argument started there. Bipin and Amit asked for the reason for letting them to go to India and stopping while returning. Upon this, the police officer assaulted and slapped them and said, “Do not be too smart.” Then Bipin made a phone call to Abinash and informed him about the misbehavior by the police officer, and seizure of the motorbike’s key.
After some time, Abinash arrived and saw Bipin’s face down and in stress as he was assaulted and beaten by the Border Outpost Police. Getting angry, Abinash questioned the police, ‘Why they let the smugglers cross the border for trading but stop the public who cross the border for emergency needs?’ As the arguments was going on, the woman who was drinking with the police officer provoked him to fire. The police officer opened the fire directly targeting to Abinash. During the argument between Abinash and the police officer, some locals and passersby gathered there to listen to the argument, but it was only after the gun shot that 20-25 people gathered there.
On May 20, 2021, the Ministry of Home Affairs has formed an Investigation Committee in Coordination of the Joint Secretary Mr. Krishna Prasad Panta and APF DIG Mr. Kishor Pradhan, Nepal Police’s SP Mr. Madhusudan Luitel, Home Ministry’s Under Secretary Mr. Madhav Prasad Pokharel and Mr. Sushanta Sharma, Director of National Investigation Department as members of the committee. They have mandate to submit the report within seven days, i.e., by May 26, 2021, and which has not been submitted yet.
I condemn police actions involving beating and shooting during a minor dispute. The police officer was also drunk during his duty hours. It seems that the police in Nepal are regressing to medieval methods, and shooting to kill in order to maintain peace and order in society citing Covid-19 pandemic.
I call upon the Government of Nepal:
• To thoroughly and impartially investigate the case,
• To make public the report of the investigation committee formed by the Ministry of Home Affairs,
• To take stringent legal action against the perpetrator/s,
• To provide justice and adequate compensation to the family members of the victim,
• To guarantee of non-repetition of such violations in future.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Khadga Prasad Sharma Oli
Caretaker Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bed Prasad Bhattarai
Secretary
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
3. Mr. Ramesh Badal
Attorney General
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
4. Mr. Shailesh Thapa Kshetri
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
