Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the lack of progress in the investigation into the circumstances surrounding the disappearance of Chhori Maiya Maharjan which occurred one year ago. Chhori Maiya went missing on February 28, 2012 in Kathmandu, after visiting a friend to whom she had lent money to ask for her money back. The police investigation in the case has been slow and lacks diligence, failing to track the details of her phone, or to visit the house of the prime suspect for more than two months after her disappearance was first reported. The police officer in charge of the investigation has been repeatedly been changed, interrupting the investigation process. Further, as the police failed to provide the full version of the alleged perpetrator’s statement to the court she could not be cross-examined and was released on bail. Members of the victim’s family and the committee formed to investigate her disappearance have been threatened and offered bribes by relatives of the alleged perpetrators.
CASE NARRATIVE:
According to the information we have received, Ms. Chhori Maiya Maharjan, 51, a permanent resident of Kathmandu, disappeared on February 28, 2012 and has not been heard of since. She left her house on that day at around 8 am after telling her family that she was going to meet one of her close friends, Nikki Singh, to whom she had given a loan of NRs 5,000,000/ to ask to be reimbursed. She never returned home. At around 8 pm her daughter Sudha received a SMS from her mother’s mobile in which it was written “I am in Manakamana with my friend. I will return home the day after tomorrow.” (Manakamana, a Hindu Temple, is approximately 100 km West of Kathmandu). But according to the phone details, the phone was in New Baneshwor, Kathmandu at that time and Nikki was also in the same area. Chhori Maiya’s family claims that she did not know how to write English and suspect that the SMS was written by someone else.
As her mother had not returned home, Sudha gave a call to Nikki who assured her that her mother would come back within a few days and recommended her not to call the police. Nevertheless, that night, Chhori Maiya’s family informed the Metropolitan Police Sector, Bishalnagar, Kathmandu about their mother’s disappearance. On 29 February 2012, they filed a written complaint reporting Chhori Maiya’s disappearance at the Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu. On 06 April 2012, Chhori Maiya’s husband Shiva Krishna Maharjan filed an FIR reporting the abduction of his wife and naming Nikki Singh as the alleged perpetrator at the Metropolitan Police Range (MPR), Hanumandhoka, Kathmandu.
Nevertheless, the police investigation has been so far unsatisfactory, with repeated changes in the officers in charge and lack of diligence in collecting information. In the first three months following the disappearance the police had not collected the phone call details of Chhori Maiya when it was possible to trace them. It was only on 27 April 2012, hence 21 days after the second FIR had been filed and two months after Chhori Maiya had gone missing that the police searched Nikki Singh’s house and reported that Chhori Maiya was not found there. Nikki was arrested the same day.
On 4 May 2012, the police filed a charge sheet on abduction against Nikki Singh before District Court, Kathmandu and on 9 May the court released her on a NRs. 1, 00, 000/- bail and ordered the police to investigate into the case further.
It is interesting to note that the statements she gave before the court and to the police contradicted each other. During the police interrogation, Nikki Singh denied her involvement in the abduction of Chhori Maiya Maharjan and also denied having borrowed NRs. 50, 00, 000/- from Chhori Maiya. However, she accepted before the court after forensic test had verified the writing of Chhori Maya Maharjan in her business diary where she had written that Nikki Singh had borrowed NRs.50, 00, 000 (50 Lakhs), from her. Nevertheless, the police did not present Nikki’s first statement to the court, which could therefore have led to a stronger cross-examination of her contradictory statements.
On 1 July 2012, the Nepal government on behalf of plaintiff Shiva Krishna Maharjan filed an appeal before the Appellate Court, Patan. Then on 5 August 2012 Nikki Singh filed an appeal before the Appellate Court, Patan against the decision of District Court, Kathmandu. On 6 September 2012, the Appellate Court, Patan made the decision, “The defendant has denied the charge from the beginning and the court processing at DC, Kathmandu is near to reach to the verdict. So, the claims of both parties will be analyzed by the DC, Kathmandu, there is no reason to quash the decision of DC, Kathmandu.”
The AHRC is concerned that one year after Chhori Maiya went missing there has been no substantial progress in the localization of her whereabouts. We are further concerned at reports of interference by the alleged perpetrators in the investigation process.
A member of the initial investigation team, Sub-Inspector (SI), Amar Thapa, resigned after the case was filed before the court and was last seen in court on January 16, 2013 to give his statement. There he was seen handing over documents to Nikki Singh’s legal team. SI Amar Thapa has not been brought in for further questioning.
In addition, the victim’s family members and members of the Chhori Maiya Search Committee have received threats and been offered bribes to suspend their involvement in the case by the family of the alleged perpetrator.
Nikki’s brother directly offered Chhori Maiya Maharjan’s family the full Rs.50, 00, 000/- (50 lakhs) for withdrawing the case against Nikki. He is a very influential businessman, known for his connections with members of the current government.
Tirtha Ram Dangol, then a Member of Parliament and a member of the Chhori Maiya Search Committee, received threats from an anonymous phone number. That phone number was traced and identified by the Central Investigation Bureau as belonging to Nikki’s brother’s associate.
Binod Singh, Nikki’s husband, met with Ganapati Lal Shrestha, a member of the Chhori Maiya Maharjan Search Committee and reportedly offered him money to drop his involvement. When Mr. Shrestha refused the offer, he reportedly declared that it would have been just easier to kill Chhori Maiya Maharjan instead.
SUGGESTED ACTION:
Please join us in asking for a stronger investigation into the disappearance of Chhori Maiya Maharjan by writing to the authorities listed below.
Please note that the AHRC is writing to the Special Rapporteur on Violence against Women, its causes and its consequences in a separate letter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: One year on, no progress in the investigations into Chhori Maiya Maharjan’s disappearance
Name of victim: Ms. Chhori Maiya Maharjan, 51, a permanent resident of Kathmandu
Date of incident: 28 February 2012
Place of incident: Kathmandu, Nepal
I am writing to voice my deep concern regarding the disappearance of Ms. Chhori Maiya Maharjan. According to the information I have received from the Asian Human Rights Commission (AHRC), Chhori Maiya disappeared on February 28, 2012 and has not been heard of since. She left her house on that day at around 8 am after telling her family that she was going to meet one of her close friends, Nikki Singh, to whom she had given a loan of NRs 5,000,000/ to ask to be reimbursed. She never returned home. At around 8 pm her daughter Sudha received a SMS from her mother’s mobile in which it was written “I am in Manakamana with my friend. I will return home the day after tomorrow.” (Manakamana, a Hindu Temple, is approximately 100 km West of Kathmandu). But according to the phone details, the phone was in New Baneshwor, Kathmandu at that time and Nikki was also in the same area. Chhori Maiya’s family claims that she did not know how to write English and suspect that the SMS was written by someone else.
As her mother had not returned home, Sudha gave a call to Nikki who assured her that her mother would come back within a few days and recommended her not to call the police. Nevertheless, that night, Chhori Maiya’s family informed the Metropolitan Police Sector, Bishalnagar, Kathmandu about their mother’s disappearance. On 29 February 2012, they filed a written complaint reporting Chhori Maiya’s disappearance at the Metropolitan Police Crime Division (MPCD), Hanumandhoka, Kathmandu. On 06 April 2012, Chhori Maiya’s husband Shiva Krishna Maharjan filed an FIR reporting the abduction of his wife and naming Nikki Singh as the alleged perpetrator at the Metropolitan Police Range (MPR), Hanumandhoka, Kathmandu.
Nevertheless, I am concerned that the police investigation has been so far unsatisfactory, with repeated changes in the officers in charge and lack of diligence in collecting information. In the first three months following the disappearance the police had not collected the phone call details of Chhori Maiya when it was possible to trace them. It is only on 27 April 2012, hence 21 days after the second FIR had been filed and two months after Chhori Maiya had gone missing that the police searched Nikki Singh’s house and reported that Chhori Maiya was not found there. Nikki was arrested the same day.
On 4 May 2012, the police filed a charge sheet on abduction against Nikki Singh before District Court, Kathmandu. On 09 May 2012 the court released her on a NRs. 100, 000/- bail and ordered the police to investigate into the case further.
It is interesting to note that the statements she gave before the court and to the police contradicted each other. During the police interrogation, Nikki Singh denied her involvement in the abduction of Chhori Maiya Maharjan and also denied having borrowed NRs. 50, 00, 000/- from Chhori Maiya. However, she accepted before the court after forensic test had verified the writing of Chhori Maya Maharjan in her business diary where she had written that Nikki Singh had borrowed NRs.50, 00, 000 (50 Lakhs), from her. Nevertheless, the police did not present Nikki’s first statement to the court, which could therefore have led to a stronger cross-examination of her contradictory statements.
On 1 July 2012, the Nepal government on behalf of plaintiff Shiva Krishna Maharjan filed an appeal before the Appellate Court, Patan. And on 05 August 2012 Nikki Singh filed an appeal before the Appellate Court, Patan made the decision, “The defendant has denied the charge from the beginning and the court processing at DC, Kathmandu is near to reach to the verdict. So, the claims of both parties will be analyzed by the DC, Kathmandu, there is no reason to quash the decision of DC, Kathmandu.”
I am concerned that one year after Chhori Maiya went missing there has been no substantial progress in the localization of her whereabouts. I am further concerned at reports of interference by the alleged perpetrators in the investigation process.
A member of the initial investigation team, Sub-Inspector (SI), Amar Thapa, resigned after the case was filed before the court and was last seen in court on January 16, 2013 to give his statement. There he was seen handing over documents to Nikki Singh’s legal team. SI Amar Thapa has not been brought in for further questioning.
In addition, the victim’s family members and members of the Chhori Maiya Search Committee have received threats and been offered bribes to suspend their involvement in the case by the family of the alleged perpetrator.
Nikki’s brother directly offered Chhori Maiya Maharjan’s family the full Rs.5, 000, 000/- (50 lakhs) for withdrawing the case against Nikki. He is a very influential businessman, known for his connections with members of the current government.
Tirtha Ram Dangol, then a Member of Parliament and a member of the Chhori Maiya Search Committee, received threats from an anonymous phone number. That phone number was traced and identified by the Central Investigation Bureau as belonging to Nikki’s brother’s associate.
Binod Singh, Nikki’s husband, met with Ganapati Lal Shrestha, a member of the Chhori Maiya Maharjan Search Committee and reportedly offered him money to drop his involvement. When Mr. Shrestha refused the offer, he reportedly declared that it would have been just easier to kill Chhori Maiya Maharjan instead.
I believe that this pattern of threats and corruption must be investigated and brought to an end as it impairs the proper investigation process. I therefore call on the Nepalese authorities to extend their investigations into allegations of interference in the due course of justice. In particular, SI Amar Thapa must be interrogated for having allegedly transmitted documents to the defendant’s legal team. I urge you to ensure that the investigation into the disappearances of Chhori Maiya Maharjan continues unobstructed, as well as possible prosecutions against the perpetrators.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Prime Minister of Nepal
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Kedar Nath Upadhaya
Chairperson
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
4. Attorney General of Nepal
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@attorneygeneraal.gov.np
5. Mr. Kuber Singh Rana
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
6. Ms. Chandtara Seikh
Chairperson
National Women Commission
Bhadrakali Plaza, Kathmandu
NEPAL
Tel: +977 1 4256701
Fax: +977 1 4250246
E-mail: info@nwc.gov.np
7. Mr. Keshav Adhikari
Deputy Inspector General of Police
Human Rights Cell of Nepal Police
Police Headquarter
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4411618
E-mail: hrcell@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
