NEPAL: A fifteen year old gang rape victim deserves protection and justice

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-061-2013
ISSUES: Sexual violence, Victims assistance & protection, Violence against women,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the gang rape of a fifteen year old school girl on 26 March 2013, in her house of Methinkot VDC-8, Kavrepalanchowk. The victim and her father were threatened that they would be killed by the perpetrators who identified themselves as Maoists, should they talk to anyone about the rape. A complaint has been filed in the police station and the victim has been taken to the hospital for forensic examination but none of the perpetrators have so far been identified or arrested. A fact finding mission lead by several civil society organizations found that the police investigation failed to collect key evidence in the case. Cases of gender-specific forms of violence too often go unpunished in Nepal depriving women of the protection of the law.

CASE NARRATIVE:

According to the information we have received from CVICT Nepal, on 26th March, 2013 at around 7:20 P.M. to 7:45 P.M., Priti (name changed) was having dinner with her father during the time of load shedding when a man they did not know entered their house without asking for their permission. He asked water to drink. Priti and her father were afraid at seeing him entering the house in this manner. Priti handed him a mug of water. Then six other persons had entered the house one of whom was a woman. They were armed with a kukri (knife) and sticks and asked the family where their money was. They threatened that they would kill them if they made a noise, while doing so they chopped a mug into pieces and stabbed the kitchen table with the knife. Out of fear Priti and her father complied with the intruder’s demands and answered their questions. Then they tied the father to a chair.

Priti had told them that they had no other family members in the house. The intruders replied that there was supposed to be another married woman in the house and examined her neck to see whether she was wearing a necklace typical of married women. The intruders searched the house for money and the married woman they had inquired about. While the other were busy searching the house, one of them grabbed Priti and dragged her upstairs to her father’s bedroom, threatening her to remain quiet. There three men held her arms and legs to ensure she could not move while the man who had brought her upstairs raped her. Then the three other men present in the room took turns to rape her as well.

At some point Priti lost consciousness and the rapists left her to continue looking for money. They stole around NRs 2400 from a box which was in the room. They took a further NRs.3400 from her father’s pocket, a watch worth Rs. 1000 and two cell phones. In total they looted about NRs.15,900 worth of money and goods.

Before they left, they told the victims that they were Maoists, that would be visiting the family again and that the father should make sure to have Rs. 200,000 ready for them to collect. The perpetrators further threaten the father that they would be watching them from outside and that they should sleep without making a noise. Before they left they also threatened that they would kill them if they tried to call anyone or to complain about the incident. They left leaving the father tied and gagged to prevent him from calling for help.

After some time around 8:30 to 9 o’clock, the victim’s youngest uncle came to her house. He untied Priti’s father who waved his hand in direction of his bedroom. The uncle immediately rushed upstairs and saw that Priti was lying on the bed naked and unconscious. He wrapped her with the blankets and gave her water to drink. She woke up after 2 hours.

The uncle called the VDC neighbours. They had a long discussion and came to the conclusion that this was not a crime to be kept secret and that it should be made public. They decided to complain to the police, as they were worried that others may be victimized in the same manner. With the consent of the victim, they decided unanimously to complain about the incident and the next day early in the morning at 5 am on 27th March, 2013 they went to the local police station to report the crime. The police immediately went to the place of incident to collect evidence.

The police also took Priti to the District Police Office, Dhulikel for a health checkup and to take her statement. Her uncle filed a First Information Report on 3rd April at DPO, Dhulikel. She was kept in a Safe House in Dhulikhel for some days. She was also taken to the Teaching Hospital, Maharjgunj, Nepal for a forensic examination. The report could not be accessed as the investigation is under way, but the doctors have reported that their findings concluded that rape had happened.

Furthermore, with the support of INSEC, the victim along with the father was referred to CVICT for counseling, medical treatment and legal counseling. As of April 13, no perpetrators has been identified or arrested.

A fact finding team composed of the civil society organization CVICT, CWISH, WOREC and INSEC visited the place of the incident. They found that the investigation process lacked effectiveness. The team found that the bed sheet with spot of blood remained untouched by the police although it could be collected and sent to a lab for examination. Other objects left behind by the perpetrators, such as a stick, had also not been collected by the police.

SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for their intervention in the case.

Please note that the AHRC is writing a separate letter to the Special Rapporteur on Violence Against Women asking for her intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

NEPAL: A fifteen year old gang rape victim deserves protection and justice

Name of victim: Ms. Priti (name changed), 15 year old, permanent resident of Methinkot VDC-8, Kavrepalanchowk
Alleged perpetrators: Six unidentified men and one woman
Date of incident: 26 March 2013
Place of incident: The victim’s father’s house in Methinkot VDC-8, Kavrepalanchowk

I am writing to voice my deep concern regarding the gang rape of a fifteen year old schoolgirl which has so far remained unpunished. According to the information I have received from the Asian Human Rights Commission, on 26th March, 2013 at around 7:20 P.M. to 7:45 P.M., Priti (name changed) was having dinner with her father during the time of load shedding when one man they did not know entered their house without asking for their permission. He asked water to drink. Priti and her father were afraid at seeing him entering the house in this manner. Priti handed him a mug of water. Then six other persons had entered the house one of whom was a woman. They were armed with a kukri (knife) and sticks and asked the family where their money was. They threatened that they would kill them if they made a noise, while doing so they chopped a mug into pieces and stabbed the kitchen table with the knife. Out of fear Priti and her father complied with the intruder’s demands and answered their questions. Then they tied the father to a chair.

Priti had told them that they had no other family members in the house. The intruders replied that there was supposed to be another married woman in the house and examined her neck to see whether she was wearing a necklace typical of married women. The intruders searched the house for money and the married woman they had inquired about. While the other were busy searching the house, one of them grabbed Priti and dragged her upstairs to her father’s bedroom, threatening her to remain quiet. There three men held her arms and legs to ensure she could not move while the man who had brought her upstairs raped her. Then the three other men present in the room took turns to rape her as well.

At some point Priti lost consciousness and the rapists left her to continue looking for money. They stole around NRs 2400 from a box which was in the room. They took a further NRs.3400 from her father’s pocket, a watch worth Rs. 1000 and two cell phones. In total they looted about NRs.15,900 worth of money and goods.

Before they left, they told the victims that they were Maoists, that would be visiting the family again and that the father should make sure to have Rs. 200,000 ready for them to collect. The perpetrators further threaten the father that they would be watching them from outside and that they should sleep without making a noise. Before they left they also threatened that they would kill them if they tried to call anyone or to complain about the incident. They left leaving the father tied and gagged to prevent him from calling for help.

After some time around 8:30 to 9 o’clock, the victim’s youngest uncle came to her house. He untied Priti’s father who waved his hand in direction of his bedroom. The uncle immediately rushed upstairs and saw that Priti was lying on the bed naked and unconscious. He wrapped her with the blankets and gave her water to drink. She woke up after 2 hours.

The uncle called the VDC neighbours. They had a long discussion and came to the conclusion that this was not a crime to be kept secret and that it should be made public. They decided to complain to the police, as they were worried that others may be victimized in the same manner. With the consent of the victim, they decided unanimously to complain about the incident and the next day early in the morning at 5 am on 27th March, 2013 they went to the local police station to report the crime. The police immediately went to the place of incident to collect evidence.

The police also took Priti to the District Police Office, Dhulikel for a health checkup and to take her statement. Her uncle filed a First Information Report on 3rd April at DPO, Dhulikel. She was kept in a Safe House in Dhulikhel for some days. She was also taken to the Teaching Hospital, Maharjgunj, Nepal for a forensic examination. The report could not be accessed as the investigation is under way, but the doctors have reported that their findings concluded that rape had happened.

Furthermore, with the support of INSEC, the victim along with the father was referred to CVICT for counseling, medical treatment and legal counseling.

I am concerned to hear that as of April 13, no perpetrators has been identified or arrested.

I am aware that a fact finding team composed of the civil society organization CVICT, CWISH, WOREC and INSEC visited the place of the incident. They found that the investigation process lacked effectiveness. The team found that the bed sheet with spot of blood remained untouched by the police although it could be collected and sent to a lab for examination. Other objects left behind by the perpetrators, such as a stick, had also not been collected by the police.
I therefore ask for your immediate intervention in that case to ensure the protection of the victim and her access to appropriate healthcare and justice.

I raise my voice to that of the fact-finding mission to request that:
• The government forms a team from the central level police department to make the investigation process more effective and efficient. 
• The state should take immediate step to protect the victim and witness.
• The women who is arrested and kept in detention center, is suspected to be the abettor of the crime. The police personnel have to investigate with those people who are close to her to find out the real perpetrator.
• The team found that within the last month, more than 6 cases regarding rape has been registered in Kavre. In this background, the state should take appropriate protective measures to end up the impunity surrounding gender-based violence.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. Khil Raj Regmi
Chairman
Council of Minister
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. Mr. Madhav Prasad Ghimire
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. Sheikh Chandtara
Chairperson
National Women Commission
Bhadrakali Plaza, Kathmandu
NEPAL 
Tel: +977-1- 4256701
Fax: +977-1-4250246
E-mail- info@nwc.gov.np

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-061-2013
Countries : Nepal,
Issues : Sexual violence, Victims assistance & protection, Violence against women,