Dear Friends,
The Asian Human Rights Commission (AHRC) would like to inform you that the police have detained five citizens, including juveniles, since 14 March 2016. The five are members of a family of alleged murderer Ajeev Budha Magar, from Bardiya District. They have been held in illegal detention at the Women Rehabilitation Home, Bardiya. The police have been using them as bait to arrest Ajeev, who fled police custody on 13 March 2016. He escaped from the premises of the Bardiya District Court when police took him there for remand. This is another example of the lack of police professionalism. Without modern scientific investigation tools, and robust criminal justice institutions in place, these kind of incidents can only recur.
CASE DETAILS:
The Advocacy Forum (AF) has informed the Asian Human Rights Commission (AHRC) that Ajeev Budha Magar, 21 years, resident of Thakurdwara Village Development Committee (VDC) – 04, Bardiya District, was arrested by the police on 18 February 2016 after allegedly murdering Jora Singh Thapa, alias Jore Thapa. Jore Thapa hails from the same village and was found dead on 17 February 2016. After his arrest, Ajeev was detained at the District Police Office, Bardiya. However, he ran away from police custody, escaping from the premises of Bardiya District Court on 13 March 2016 when he was taken there for remand.
Next day, on 14 March, the police arrested his mother (Tulasa Budha), 51, his elder sister (Manju Thapa, who had visited her maternal house few days ago), his nephew (Prashant Thapa, who is Manju’s 1½ year old son), his wife (Namrata Thapa, 18), and his son (Sishir Budha, 3). They were illegally detained for a night at the Thakurdwara Police Office, and transferred to the Bhurigaun Police Office where they were detained from 12 to 20 March 2016. On 20 March 2016, they were transferred to the Women Rehabilitation Home run by a Cooperative in support of the District Women Development Office, Bardiya.
Laxmi Budbari, In Charge at the Women Rehabilitation Home said, though the organization provides rehabilitation support to women suffering from domestic violence, they have kept the family members there despite guidelines and work criteria, which do not allow them to do so. This is due to pressure from the police administration.
The victims who have been illegally detained at the Rehabilitation home for more than 40 days complain of the police keeping them without any cause and without any crime being committed. They complain that their children’s study has been discontinued and that their homes, domestic animals, and cultivations are ruined. They have written a letter to the District Bar and the Advocacy Forum that writes that they have been illegally detained one night at Thakudwara Police Station, 7 days at Bhurigaun Police Station, and 1 month at Guleriya Service Center (referring Women Rehabilitation Center) without their consent. They have requested assistance to get out of their illegal detention.
When the AF and the District Bar team visited them, they complained that they have been kept in police surveillance for the last 40 days, without being allowed to contact the outside world. They have not been allowed to go outside the rehabilitation home, just as if they were under house arrest. Furthermore, they are only allowed to talk in the presence of police officers.
They are under 24-hour police surveillance; two policewomen – Head Constable Aiti Khatri and Constable Saraswoti Burma from District Police Office, Bardiya – are on duty.
On 19 April 2016, AF lawyer and representatives of District Bar visited the District Police Office, Bardiya, and tried to meet the in-charge. However, both the Superintendent of Police (SP) and the Deputy Superintendent of Police (DSP), were out of office. So, the team met Police Inspector Suresh Malla from the Litigation Section instead.
Inspector Suresh Malla stated that they had kept the family there, including juveniles, for their own security, protecting them from the family and relatives of the person who was found dead. The officer further mentioned that they were kept there so that it would easy to arrest Ajeev Budha Magar if he did come in contact with his family members.
Under whatever pretext, the police have been illegally detaining family members of Ajeev Budha Magar. Instead of re-arresting and investigating the crime, police are detaining family members, which is against the law. The AHRC demands that the family members must be released at the earliest, and must not be used as bait to arrest alleged murderer Ajeev Budha Magar.
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to take necessary action against the police officers involved in this case.
Please note that the AHRC has also written a separate letter to the UN Chairperson, Working Group on Arbitrary Detention in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Family of alleged murderer illegally detained as bait by police for 40 days
Name of victims: Family members of Ajeev Budha Magar
Alleged Perpetrators: Police officers from the District Police Office, Bardiya
Date of incident: 14 March 2016 to Present
Place of incident: Women Rehabilitation Home, Bardiya, Nepal
I am writing to voice my deep concern as police have detained five citizens, including juveniles, since 14 March 2016. The five are members of a family of alleged murderer Ajeev Budha Magar, from Bardiya District. Ajeev Budha Magar, 21 years, resident of Thakurdwara Village Development Committee (VDC) – 04, Bardiya District, was arrested by the police on 18 February 2016 after allegedly murdering Jora Singh Thapa, alias Jore Thapa. Jore Thapa hails from the same village and was found dead on 17 February 2016. After his arrest, Ajeev was detained at the District Police Office, Bardiya. However, he ran away from police custody, escaping from the premises of Bardiya District Court on 13 March 2016 when he was taken there for remand.
Next day, on 14 March, the police arrested his mother (Tulasa Budha), 51, his elder sister (Manju Thapa, who had visited her maternal house few days ago), his nephew (Prashant Thapa, who is Manju’s 1½ year old son), his wife (Namrata Thapa, 18), and his son (Sishir Budha, 3). They were illegally detained for a night at the Thakurdwara Police Office, and transferred to the Bhurigaun Police Office where they were detained from 12 to 20 March 2016. On 20 March 2016, they were transferred to the Women Rehabilitation Home run by a Cooperative in support of the District Women Development Office, Bardiya.
Laxmi Budbari, In Charge at the Women Rehabilitation Home said, though the organization provides rehabilitation support to women suffering from domestic violence, they have kept the family members there despite guidelines and work criteria, which do not allow them to do so. This is due to pressure from the police administration.
The victims who have been illegally detained at the Rehabilitation home for more than 40 days complain of the police keeping them without any cause and without any crime being committed. They complain that their children’s study has been discontinued and that their homes, domestic animals, and cultivations are ruined. They have written a letter to the District Bar and the Advocacy Forum that writes that they have been illegally detained one night at Thakudwara Police Station, 7 days at Bhurigaun Police Station, and 1 month at Guleriya Service Center (referring Women Rehabilitation Center) without their consent. They have requested assistance to get out of their illegal detention.
When the AF and the District Bar team visited them, they complained that they have been kept in police surveillance for the last 40 days, without being allowed to contact the outside world. They have not been allowed to go outside the rehabilitation home, just as if they were under house arrest. Furthermore, they are only allowed to talk in the presence of police officers.
They are under 24-hour police surveillance; two policewomen – Head Constable Aiti Khatri and Constable Saraswoti Burma from District Police Office, Bardiya – are on duty.
On 19 April 2016, AF lawyer and representatives of District Bar visited the District Police Office, Bardiya, and tried to meet the in-charge. However, both the Superintendent of Police (SP) and the Deputy Superintendent of Police (DSP), were out of office. So, the team met Police Inspector Suresh Malla from the Litigation Section instead.
Inspector Suresh Malla stated that they had kept the family there, including juveniles, for their own security, protecting them from the family and relatives of the person who was found dead. The officer further mentioned that they were kept there so that it would easy to arrest Ajeev Budha Magar if he did come in contact with his family members.
Under whatever pretext, the police have been illegally detaining family members of Ajeev Budha Magar. Instead of re-arresting and investigating the crime, police are detaining family members, which is against the law. I demand that the family members must be released at the earliest, and must not be used as bait to arrest alleged murderer Ajeev Budha Magar.
I look forward to your prompt action in this matter.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Khadga Prasad Sharma Oli
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. Shakti Bahadur Basnet
Home Minister of Nepal
Ministry of Home Affairs
Singh Durbar, 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
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Hari Krishna Karki
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
5. Mr. Upendra Kant Aryal
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)
