Dear friends,
The Asian Human Rights Commission (AHRC) is extremely concerned by reports that the Executive Director of the Human Rights Alliance was assaulted by six unidentified persons in retaliation for an article denouncing the impunity surrounding the murder of a school teacher by Maoist cadres in 2002. The four assailants, thought to be Maoist cadres, beat him with an iron rod and only stopped after being interrupted by the arrival of other people. They accused him of trying to send members of the Maoist party to jail when denouncing human rights violations committed during the time of the conflict. This event is serious concern as it comes in the context of a series of threats and calls for attacks against human rights defenders working on impunity published in different Maoist media as well as by high-level political figures condemning their work. There is no law in Nepal ensuring the protection of human rights defenders.
CASE NARRATIVE:
According to the information we have received, Mr. Yadav Prasad Bastola, 32, Executive Director of the Human Rights Alliance, Central Office, Kathmandu and resident of Vidhyapur Village Development Committee (VDC)-04, Surkhet district was assaulted by 4 unidentified persons at around 7.30 pm on 28 February 2013 in the jungle of Srinagar in Vidhyapur VDC-05, Surkhet district.
He had arrived in Surkhet the day before to organize an interaction programme and was coming from Birendranagar to his home in Vidhyapur VDC. At 7.30pm, while he was walking pass a jungle and realized that he was being followed by four people. He realised that they had covered their faces with mufflers when two of them blocked his way. They asked him if he was a human rights defender and accused him of trying to “Send the Maoists to jail” by publishing an article in a local newspaper, “Pahichan Daily” the day before in which he had denounced the murder of Surya Prasad Poudel by Maoists cadres in 2002.
Two other unidentified persons had joined them by then. The assailants caught his hands and neck and hit his back several times with iron rods. He tried protecting his head with his hands, injuring his wrist. When he fell to the ground the perpetrators continued beating him with the iron rods, on his back, bottom and all over his body and kicked him with their boots. During the assault they threatened to kill him for having written against the Maoist party accusing him of acting on behalf of other political parties. The beatings continued until the arrival of two motorcycles, which made the assailants run away.
M. Batsola managed to escape and run to a nearby village, where he was helped by villagers and the police and brought to the local hospital. He was transferred to Deuti Nursing Home for further treatment in a police van and was discharged from the hospital the following day.
On 1 March 2013, M. Batsola filed an FIR at the District Police Office, Surkhet. The police investigation is in progress.
The article which is likely to have triggered the attack in retaliation was denouncing the murder of Surya Prasad Poudel, from Surkhet District Bidhyapur VDC-3 and a teacher in Sharada Secondary School on 3 May 2002 by a group of Maoist cadres after having been accused of spying against them. After his murder, the Maoists hung posters to publicize the reasons for his murder. M. Batsola had called for compensation to the victim’s family members and for investigation into all the human rights violations committed during the conflict.
ADDITIONAL INFORMATION:
The AHRC is extremely concerned by this report of assault, which comes in the midst of a series of threats against activists who have been working to bring accountability to human rights violations committed during the decade-long internal conflict.
Following the arrest in the United Kingdom of a Nepal Army soldier, Colonel Lama, facing two charges of torture and the arrest of the alleged perpetrators of the enforced disappearance and murder of a journalist, Dekendra Raj Thapa, during the war, human rights defenders have been facing increased threats and attacks. In both cases, the government has unequivocally taken stance in favour of impunity, protesting diplomatically against Colonel Lama’s arrest and ordering a halt to the investigations into the murder of Mr. Thapa.(For more information concerning this case please see NEPAL: Prime Minister’s order to halt investigation into the abduction, torture and murder of a journalist is of serious concern) In that case, the Prime Minister has publicly deplored the work of human rights defenders and the arrests. The spokesperson of the Maoist party, Agni Sapkota has also accused the NGOs, specifically referring to Mandira Sharma and Advocacy Forum, of working against national interest in the search for profit and blamed them for being behind the arrest of Colonel Lama in the UK. The blatant political protection to perpetrators of human rights violations has fuelled abuse, threats and attacks against human rights defenders.
On January 26, newspapers reported that a group of twenty two journalists based in Dailekh district fled the district after being threatened by local Maoist cadres in the eve of a visit of the Prime Minister. They were threatened to stop covering the legal development in Mr Thapa’s case.
Peaceful protesters who had gathered daily for the past two months in front of the Prime Minister’s residence in Kathmandu to denounce gender-based violence and impunity were twice manhandled by the police and arrested by dozens. On 25 January, 32 protesters were arrested and detained for three hours, while one transgender activist was assaulted by four policemen and had to be taken to the hospital. Again on 16 February, the police arrested and detained 23 activists and a nine month old baby as the protests denounced the impunity benefiting Maina Sunuwar’s murderers. One activist was injured and bleeding after being punched in the face by police personnel. For more information on the protests please see NEPAL: Support for protest against impunity – 32 protesters arrested and manhandled during peaceful protests.
Even more concerning are reports that several medias, affiliated to the Maoist party, including the weekly magazine Lal Rakshak (Red Defender), the blog Krishnasenonline and various local FM radio stations have denounced the work of human rights defenders as going against the peace process and called for violent action to be taken against them. Of particular concern is an article published in the January-February 2013 edition of Lal Rakshak which accused Mandira Sharma, the chairperson of Advocacy Forum-Nepal, Subodh Pyakhurel, Chairperson of the Informal Sector Service Centre (INSEC), and Kanak Mani Dixit, a journalist and editor of several magazines of acting against the Maoists and the peace process. Three other human rights defenders were named: Sushi Pyakhurel, former member of the National Human Rights Commission and chairperson of the Accountability Watch Committee, Charan Prasai, coordinator of the joint forum for human rights, and Kapil Shrestha, former member of the NHRC. All the human rights defenders targeted are active members of the Accountability Watch Committee, a committee formed to ask for accountability for human rights violations committed during the conflict.
The article accused the human rights defenders of having committed various crimes, and called for “People’s action” against them. People’s action was a term used by Maoist combatants during the civil war to refer to violent action taken as punishment against those seen as opposing the Maoist party. Throughout January 2013, three other newspapers and a radio station have relayed that call for violent action against human rights defenders. We are concerned that the attack of M. Batsola is likely to have stemmed from those repeated calls for attacks against human rights defenders spread through the media, condoned by the attitude of politicians.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for an immediate investigation into the assault on Yadav Prasad Bastola and the prosecution of the perpetrators. Further join us in calling for assurances from the government that human rights defenders will be protected from further attacks and assaults.
Please note that the AHRC is writing separate letters to the UN Special Rapporteur on the Situation of Human Rights Defenders, calling for her intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Alarming cycle of threats and attacks against human rights defenders
Name of victim: Mr. Yadav Prasad Bastola, 32, Executive Director of Human Rights Alliance, Central Office, Kathmandu and resident of Vidhyapur Village Development Committee (VDC)-04, Surkhet district
Alleged perpetrators: 6 unidentified Maoist cadres
Date of incident: 28 February 2013
Place of incident: Near the jungle of Srinagar in Vidhyapur VDC-05, Surkhet district
I am writing to denounce the attack on a human rights defender by unidentified persons on 28 February 2013 and voice my deep concern regarding a general climate of hostility and calls for action against human rights defenders in Nepal. It is considered likely that the attackers were Maoist Cadres.
According to the information I have received from the Asian Human Rights Commission, Mr. Yadav Prasad Bastola Executive Director of Human Rights Alliance was assaulted by 4 unidentified Maoists cadres at around 7.30 pm on 28 February 2013 in the jungle of Srinagar in Vidhyapur VDC-05, Surkhet district.
He had arrived in Surkhet the day before to organize an interaction programme and was coming from Birendranagar tohis home in Vidhyapur VDC. At 7.30pm, while he was walking pass a jungle, he realized that he was followed by four people. Two of them finally blocked his way. They had covered their faces with mufflers. After asking him if he was a human rights defender, they accused him of having tried to “Send the Maoists to jail” by publishing an article in a local newspaper, “Pahichan Daily” the day before in which he had denounced the murder of Surya Prasad Poudel by Maoists cadres in 2002.
Two other unidentified persons had joined them by then. The assailants caught his hands and neck and hit his back four times with iron rods. He tried protecting his head with his hands, injuring his wrist. He fell on the ground and the perpetrators continued beating him with the iron rods, on his back, bottom and all over his body and kicked him with their boots. During the assault they threatened to kill him for having written against the Maoist party accusing him of acting on behalf of other political parties. The beatings continued until the arrival of two motorcycles, which triggered the assailants to run away.
M. Batsola managed to escape and run to a nearby village, where he was helped by villagers and the police and brought to the local hospital. He was transferred to Deuti Nursing Home for further treatment in a police van and was discharged from the hospital the following day.
On 1 March 2013, M. Batsola filed an FIR at the District Police Office, Surkhet. The police investigation is in progress.
The article which is likely to have triggered the attack in retaliation was denouncing the murder of Surya Prasad Poudel, from Surkhet District Bidhyapur VDC-3 and a teacher in Sharada Secondary School on 3 May 2002 by a group of Maoist cadres after having been accused of spying against them. After his murder, the Maoists hung posters to publicize the reasons for his murder. M. Batsola had called for compensation to the victim’s family members and for investigation into all the human rights violations committed during the conflict.
I am extremely concerned by this report of assault, which comes in the midst of a series of threats against activists who have been working to bring accountability to human rights violations committed during the decade-long internal conflict.
Following the arrest in the United Kingdom of a Nepal Army soldier, Colonel Lama, facing two charges of torture and the arrest of the alleged perpetrators of the enforced disappearance and murder of a journalist, Dekendra Raj Thapa, during the war, human rights defenders have been facing increased threats and attacks. In both cases, the government has unequivocally taken stance in favour of impunity, protesting diplomatically against Colonel Lama’s arrest and ordering a halt to the investigations into the murder of Mr. Thapa. In that case, the Prime Minister has publicly deplored the work of human rights defenders and the arrests. I am appalled to hear that the spokesperson of the Maoist party, Agni Sapkota has also accused the NGOs, specifically referring to Mandira Sharma and Advocacy Forum, of working against national interest in the search for profit and blamed them for being behind the arrest of Colonel Lama in the UK.
I am of the opinion that the blatant political protection to perpetrators of human rights violations has fuelled abuses, threats and attacks against human rights defenders.
On January 26, newspapers reported that a group of twenty two journalists based in Dailekh district fled the district after being threatened by local Maoist cadres in the eve of a visit of the Prime Minister. They were threatened to stop covering the legal development in Mr Thapa’s case.
Peaceful protesters who had gathered daily for the past two months in front of the Prime Minister’s residence in Kathmandu to denounce gender-based violence and impunity were twice manhandled by the police and arrested by dozens. On 25 January, 32 protesters were arrested and detained for three hours, while one transgender activist was assaulted by four policemen and had to be taken to the hospital. Again on 16 February, the police arrested and detained 23 activists and a nine month old baby as the protests denounced the impunity benefiting Maina Sunuwar’s murderers. One activist was injured and bleeding after being punched in the face by police personnel.
Even more concerning are reports that several medias, affiliated to the Maoist party, including the weekly magazine Lal Rakshak (Red Defender), the blog Krishnasenonline and various local FM radio stations have denounced the work of human rights defenders as going against the peace process and called for violent action to be taken against them. Of particular concern is an article published in the January-February 2013 edition of Lal Rakshak which accused Mandira Sharma, the chairperson of Advocacy Forum-Nepal, Subodh Pyakhurel, Chairperson of the Informal Sector Service Centre (INSEC), and Kanak Mani Dixit, a journalist and editor of several magazines of acting against the Maoists and the peace process. Three other human rights defenders were named: Sushi Pyakhurel, former member of the National Human Rights Commission and chairperson of the Accountability Watch Committee, Charan Prasai, coordinator of the joint forum for human rights, and Kapil Shrestha, former member of the NHRC. All the human rights defenders targeted are active members of the Accountability Watch Committee, a committee formed to ask for accountability for human rights violations committed during the conflict.
The article accused the human rights defenders of having committed various crimes, and called for “People’s action” against them. People’s action was a term used by Maoist combatants during the civil war to refer to violent action taken as punishment against those seen as opposing the Maoist party. Throughout January 2013, three other newspapers and a radio station have relayed that call for violent action against human rights defenders. I am concerned that the attack of M. Batsola is likely to have stemmed from those repeated calls for attacks against human rights defenders spread through the media, condoned by the attitude of politicians.
I therefore call on you to ensure that a prompt and independent investigation is conducted immediately into the circumstances surrounding the assault of M. Batsola and that the perpetrators are brought to justice in proceedings meeting the international standards of justice delivery. The security of M. Batsola and his family members must be protected at all times. More generally, I am calling on the government of Nepal to give public assurances that they would protect the work of human rights defenders and show no tolerance toward threats and public calls for attacks against them. An investigation into calls for “people’s action” against human rights defenders must be initiated and legal action should be taken against those behind such calls.
Yours sincerely,
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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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
