Dear Friends,
The Advocacy Forum Alliance in Nepal has informed the Asian Human Rights Commission (AHRC) about the suspicious death of Gyani Raja Thakuri. The family of the deceased suspect direct involvement of the police in the death, as it followed an argument with local police officers. The police have, however, denied involvement and attribute the death to a road accident. The AHRC demands an impartial, independent, and prompt investigation into the case to ascertain facts and bring the perpetrators, if any, to justice.
CASE NARRATIVE:
On 2 January 2015, at around 11:45 p.m., the deceased, Gyani Raja Thakuri, son of Hari Kumar Thakuri, a permanent resident of Jyamdi Mandan V.D.C, Ward No. 2, Kavrepalanchowk District, and temporarily residing in Lamidanda Panchkhal Municipality, Ward No. 3, was found dead on Araniko Highway. He had gone out to Zero Kilo (around 400 meters from his residence) to meet his friends on his scooter bearing number BA 39 PA 7414 at around 8 p.m. the same evening. He returned home after some time and informed his wife that the patrolling police had threatened him. He went out again around 9:30 p.m. on the same scooter, leaving his helmet and mobile at home.
Rabita Gautam Thakuri, Gyani Raja’s wife, recalled that the deceased and Baburam Jha, Sub-Inspector, District Police Office Kavrepalanchowk had gotten into an argument sometime ago for Gyani Raja not wearing a helmet and the latter had threatened Gyani’s life.
On 2 January 2015, a dispute between the police and a tipper truck driver at Kuntabesi, along the Panchkhal-Melamchi Highway, considerably increased police presence in the area. At around 10:30 p.m., patrolling police, under the command of Police Inspector Deepak Karki and Sub-Inspector of Police Baburan Jha, got into an argument with the driver of a tipper truck (number BA 2 KHA 4572); the driver was later fined by Panchkhal traffic police for getting into a verbal argument with the police.
The victim’s family claims that later on the same day, Gyani Raja and patrolling police got into an altercation as well and that Gyani was then killed in mysterious circumstances, suggesting direct involvement of the police. The family further alleges that the police then deliberately meddled with the case to make it look like a road accident.
Following the Gyani’s death, the police did not provide any information to his family, which lives nearby, or to any locals; this, despite the fact that Gyani was carrying his driving license in his pocket. Rather, the police deputed from Banepa took the deceased’s body to Teaching Hospital Maharajgung for post mortem at 5 a.m the following morning. The details of the deceased are maintained in the Registration Book at the hospital. This raises serious questions about why the police failed to inform Gyani’s family sooner.
Gyani’s body carries muddy tyre marks on the left leg, a deep wound on the right side of the chest, an injury on the forehead and the ridge of the nose, and multiple abrasions and contusions in several places. The body also has two holes at the back, on the right hand side. However, no blood is found at the site where the accident is supposed to have taken place.
Also, as per the established procedure, the police should have taken the body of the deceased to Sir Memorial Hospital Banepa for autopsy in a hearse. The police, however, called a Bolero number BA 12 CHA 5861 from Saraswoti Bazar, Dhulikhel, and took the body to the Tribhuvan University Teaching Hospital (TUTH) in Maharajgunj. The police should have also showed the driving license of Gyani Raja to Bishnu Bajgain, the Bolero driver, but they registered the body as one without any claimant, in crime scene affidavit.
The police also forced several people, namely Ganesh Prasad Sapkota, Ram Saran Khanal, Nanda Bahadur Tamang, and Sudeep Raya to sign as witnesses in the readymade crime scene affidavit at midnight without giving them chance to identify the dead body or even read the affidavit. The signatories have since gone public with their discontent with the actions of the police.
The fact that the police team deputed from District Police Office Kavre, under the command of Police Inspector Deepak Karki and Sub-Inspector of Police Baburam Jha, was involved in all activities and that the local Area Police Office Panchkhal, under whose jurisdiction the stated accident site falls, was not informed at all has raised more suspicion about what transpired on the night of 2 January.
The autopsy of the deceased carried out at Kathmandu Autopsy Centre / Department of Forensic Medicine, Institute of Medicine Tribhuvan University, in Maharajgung, Kathmandu, on 6 January, 2015 ascertains the cause of death to be crush injuries to the chest, abdomen, and casting. The autopsy thus makes the police version of the incident even more suspicious.
On or 5 January 2015), the deceased’s family went to the District Police Office Kavre for registering a First Information Report (FIR). However, they were denied registration of the same by district Superintendent of Police Puja Singh, who told them that their complaint was against the police and proceeded to intimidate the victim’s family. Since the police refused to file FIRs against the cops named in the FIR, the victim’s family sent an FIR to the District Police Office Kavre on 18 January 2015 through the District Post Office. The family also served a notice for information to the District Administration Office Kavre and the National Human Rights Commission. Kavre Police wrote a letter to the deceased’s family asking them to come to DPO Kavre for the identification of FIRs.
Meanwhile, demanding impartial investigation into the death and punishment for the involved perpetrators, the victim’s family and local community members have called for a strike against vehicular traffic for some days. The strikes have forced the local administration to constitute a three-member committee led by Madhav Prasad Nepal, Deputy Inspector General of Police, to probe the matter. The Probe Committee has promptly committed to an impartial and independent investigation. It has also promised to identify the perpetrators within 10 days and find the truth behind the case. Following this, the strike was ended with those protesting choosing to trust the assurance and commitment of the local administration.
The deceased’s family claims that there are several reasons to suspect that the police was involved in the killing of Gyani Raja: his life had been threatened in the past; police behavior during and after the incident remains suspicious; and the multiple questions raised remain unanswered.
The National Human Rights Commission has taken cognizance of the matter and sent several letters (on different dates (22 January, 28 Januar and February 03, 2015) to the District Police Office Kavre demanding details of the case. It has also demanded an answer for the police refusing to register an FIR in relation to the case; however, the police still remains silent and indifferent.
The victim’s family claims that the police have twisted facts of the case and cajoled the driver and helper of a microbus to falsely confess involvement in the road accident. The family also claims that the police forced the helper to take responsibility, using extra judicial means, while keeping this driver and helper in illegal confinement.
The family has raised serious questions regarding the police version of events. It has asked why there was no blood at the incident site if a vehicle hit Gyani. Also, though the confessional statement of the driver pegs the speed of the microbus at 50 km per hour at the time of the accident, the tyre marks imprinted on the clothes of the deceased seem to be from cautious and deliberate crushing after killing. Further, the road on Araniko Highway is blacktopped; however, the tyre marks on the deceased body are muddy; this matches the tyre of a police van coming from Panchkhal- Melanchi Road.
That the microbus supposed to be involved in the accident, as per police claims, kept plying for several days following the accident is another indicator that something is amiss. The microbus has been reported to travel to Kathmandu the next day, followed by a 12-13 day -long trip to Darjeeling.
Furthermore, the Police arrested the driver of a container that plies on the Tatopani Khasa route and released him after protests and blockades in Tatopani. The police stopped the microbus only on 14 January, 2015, arrested its driver and helper, and detained them at the District Police Office Kavre on the charge of killing Gyani Raja in the road traffic accident. After some days, the police held Krishna Subedi, 43 Thori VDC Parsa, and his helper, Sujendra Tamang, 22 Nuwakot District on the charge of being involved in the accident. The driver alleges that he was threatened and coerced by the police to confess to the crime before the investigating officer and the court. The District Court Kavre released Krishna Subedi on bail against Nepali Rs. 50,000 and sent Sujendra Tamang to judicial custody on 24 January 2015.
The report of the Probe Committee is yet to be made public. Locals, political parties, and the victim’s family have roundly condemned the incident; the story has been widely circulated by print and electronic media. However, the police administration is reluctant to proceed with impartial and independent investigation in the case, despite continuous pressure.
BACKGROUND INFORMATION:
Despite repeated national and international calls, the government of Nepal has been unable or is unwilling to put an end to impunity for police officers accused of serious human rights violations.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of unlawful arrest and torture, and requesting immediate intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………….,
NEPAL: Impartially investigate suspicious death of Gyani Raja Thakuri
Name of victims:
Gyani Raja Thakuri, 27 years
Names of alleged perpetrators:
Police Inspector Deepak Karki and Sub-Inspector of Police Baburan Jha, District Polcie Office, Kavre
Date of incident: 2 January 2015 to present
Place of incident: Araniko Highway
I am writing to voice my deep concern regarding suspicious death of Gyani Raja Thakuri son of Hari Kumar Thakuri, a permanent resident of Jyamdi Mandan V.D.C ward no-2 Kavrepalanchowk district, currently living in Lamidanda Panchkhal Municipality ward no-3 on 2 January 2015. His body was found at around 11.45 pm on Araniko highway the same night.
On 2 January 2015, at around 11:45 p.m., the deceased, Gyani Raja Thakuri, son of Hari Kumar Thakuri, a permanent resident of Jyamdi Mandan V.D.C, Ward No. 2, Kavrepalanchowk District, and temporarily residing in Lamidanda Panchkhal Municipality, Ward No. 3, was found dead on Araniko Highway. He had gone out to Zero Kilo (around 400 meters from his residence) to meet his friends on his scooter bearing number BA 39 PA 7414 at around 8 p.m. the same evening. He returned home after some time and informed his wife that the patrolling police had threatened him. He went out again around 9:30 p.m. on the same scooter, leaving his helmet and mobile at home.
Rabita Gautam Thakuri, Gyani Raja’s wife, recalled that the deceased and Baburam Jha, Sub-Inspector, District Police Office Kavrepalanchowk had gotten into an argument sometime ago for Gyani Raja not wearing a helmet and the latter had threatened Gyani’s life.
On 2 January 2015, a dispute between the police and a tipper truck driver at Kuntabesi, along the Panchkhal-Melamchi Highway, considerably increased police presence in the area. At around 10:30 p.m., patrolling police, under the command of Police Inspector Deepak Karki and Sub-Inspector of Police Baburan Jha, got into an argument with the driver of a tipper truck (number BA 2 KHA 4572); the driver was later fined by Panchkhal traffic police for getting into a verbal argument with the police.
The victim’s family claims that later on the same day, Gyani Raja and patrolling police got into an altercation as well and that Gyani was then killed in mysterious circumstances, suggesting direct involvement of the police. The family further alleges that the police then deliberately meddled with the case to make it look like a road accident.
Following the Gyani’s death, the police did not provide any information to his family, which lives nearby, or to any locals; this, despite the fact that Gyani was carrying his driving license in his pocket. Rather, the police deputed from Banepa took the deceased’s body to Teaching Hospital Maharajgung for post mortem at 5 a.m the following morning. The details of the deceased are maintained in the Registration Book at the hospital. This raises serious questions about why the police failed to inform Gyani’s family sooner.
Gyani’s body carries muddy tyre marks on the left leg, a deep wound on the right side of the chest, an injury on the forehead and the ridge of the nose, and multiple abrasions and contusions in several places. The body also has two holes at the back, on the right hand side. However, no blood is found at the site where the accident is supposed to have taken place.
Also, as per the established procedure, the police should have taken the body of the deceased to Sir Memorial Hospital Banepa for autopsy in a hearse. The police, however, called a Bolero number BA 12 CHA 5861 from Saraswoti Bazar, Dhulikhel, and took the body to the Tribhuvan University Teaching Hospital (TUTH) in Maharajgunj. The police should have also showed the driving license of Gyani Raja to Bishnu Bajgain, the Bolero driver, but they registered the body as one without any claimant, in crime scene affidavit.
The police also forced several people, namely Ganesh Prasad Sapkota, Ram Saran Khanal, Nanda Bahadur Tamang, and Sudeep Raya to sign as witnesses in the readymade crime scene affidavit at midnight without giving them chance to identify the dead body or even read the affidavit. The signatories have since gone public with their discontent with the actions of the police.
The fact that the police team deputed from District Police Office Kavre, under the command of Police Inspector Deepak Karki and Sub-Inspector of Police Baburam Jha, was involved in all activities and that the local Area Police Office Panchkhal, under whose jurisdiction the stated accident site falls, was not informed at all has raised more suspicion about what transpired on the night of 2 January.
The autopsy of the deceased carried out at Kathmandu Autopsy Centre / Department of Forensic Medicine, Institute of Medicine Tribhuvan University, in Maharajgung, Kathmandu, on 6 January, 2015 ascertains the cause of death to be crush injuries to the chest, abdomen, and casting. The autopsy thus makes the police version of the incident even more suspicious.
On or 5 January 2015), the deceased’s family went to the District Police Office Kavre for registering a First Information Report (FIR). However, they were denied registration of the same by district Superintendent of Police Puja Singh, who told them that their complaint was against the police and proceeded to intimidate the victim’s family. Since the police refused to file FIRs against the cops named in the FIR, the victim’s family sent an FIR to the District Police Office Kavre on 18 January 2015 through the District Post Office. The family also served a notice for information to the District Administration Office Kavre and the National Human Rights Commission. Kavre Police wrote a letter to the deceased’s family asking them to come to DPO Kavre for the identification of FIRs.
Meanwhile, demanding impartial investigation into the death and punishment for the involved perpetrators, the victim’s family and local community members have called for a strike against vehicular traffic for some days. The strikes have forced the local administration to constitute a three-member committee led by Madhav Prasad Nepal, Deputy Inspector General of Police, to probe the matter. The Probe Committee has promptly committed to an impartial and independent investigation. It has also promised to identify the perpetrators within 10 days and find the truth behind the case. Following this, the strike was ended with those protesting choosing to trust the assurance and commitment of the local administration.
The deceased’s family claims that there are several reasons to suspect that the police was involved in the killing of Gyani Raja: his life had been threatened in the past; police behavior during and after the incident remains suspicious; and the multiple questions raised remain unanswered.
The National Human Rights Commission has taken cognizance of the matter and sent several letters (on different dates (22 January, 28 Januar and February 03, 2015) to the District Police Office Kavre demanding details of the case. It has also demanded an answer for the police refusing to register an FIR in relation to the case; however, the police still remains silent and indifferent.
The victim’s family claims that the police have twisted facts of the case and cajoled the driver and helper of a microbus to falsely confess involvement in the road accident. The family also claims that the police forced the helper to take responsibility, using extra judicial means, while keeping this driver and helper in illegal confinement.
The family has raised serious questions regarding the police version of events. It has asked why there was no blood at the incident site if a vehicle hit Gyani. Also, though the confessional statement of the driver pegs the speed of the microbus at 50 km per hour at the time of the accident, the tyre marks imprinted on the clothes of the deceased seem to be from cautious and deliberate crushing after killing. Further, the road on Araniko Highway is blacktopped; however, the tyre marks on the deceased body are muddy; this matches the tyre of a police van coming from Panchkhal- Melanchi Road.
That the microbus supposed to be involved in the accident, as per police claims, kept plying for several days following the accident is another indicator that something is amiss. The microbus has been reported to travel to Kathmandu the next day, followed by a 12-13 day -long trip to Darjeeling.
Furthermore, the Police arrested the driver of a container that plies on the Tatopani Khasa route and released him after protests and blockades in Tatopani. The police stopped the microbus only on 14 January, 2015, arrested its driver and helper, and detained them at the District Police Office Kavre on the charge of killing Gyani Raja in the road traffic accident. After some days, the police held Krishna Subedi, 43 Thori VDC Parsa, and his helper, Sujendra Tamang, 22 Nuwakot District on the charge of being involved in the accident. The driver alleges that he was threatened and coerced by the police to confess to the crime before the investigating officer and the court. The District Court Kavre released Krishna Subedi on bail against Nepali Rs. 50,000 and sent Sujendra Tamang to judicial custody on 24 January 2015.
The report of the Probe Committee is yet to be made public. Locals, political parties, and the victim’s family have roundly condemned the incident; the story has been widely circulated by print and electronic media. However, the police administration is reluctant to proceed with impartial and independent investigation in the case, despite continuous pressure.
I look forward to your immediate attention in this matter.
Yours Sincerely,
…………………………..
PLEASE SEND YOUR LETTERS TO:
1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
+977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015+977 1 5010015
E-mail: complaints@nhrcnepal.org ornhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210+977 1 4240210, +977 1 4262548+977 1 4262548, +977 1 4262394+977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
5. Mr. Upendra Kant Aryal
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432+977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
