Dear friends,
The Asian Human Rights Commission has received information that an unidentified soldier from Indradal Gulm, beat five villagers who had entered Koshi Tappu Conservation Area until they lost consciousness. A fourteen-year-old schoolboy was among the victims. Although he is in dire need of medical treatment, we have been informed that an officer from the same army detachment as the alleged perpetrator pressured the victim’s doctor to stop medical treatment. The victims have filed an application calling for an investigation at the District Administrative Office on 22 April, but no investigation has been launched into the case so far.
CASE NARRATIVE:
According to the information we have received, on 20 April 2011, five villagers from Kalmapur VDC, including a fourteen year old boy Umesh Lal Sah and Bilachhan Yadav, Budheshwor Yadav, Jagadish Sah and Bachha Lal Mandal, entered Koshi Tappu Conservation area to search for their lost bulls and buffalos. Koshi Tappu Conservation area is traditionally used by the villagers as their grazing land. At around 2.30pm, they came across a team of forest guards including 2 unidentified army men, one of those was dispatched from Indradal Gulm, Saroj Chaudhari, a forest guard from Kamalpur Range Post and Ram Narayan Khang, President of Odraha Kamalpur Mid-area Management Committee.
The army man who was dispatched from Indradal Gulm but whose name is not known came to them and verbally abused them. He then reportedly beat Bilachhan with a rifle butt, kicked and punched him until the victim fell to the ground, semi-conscious. Then, the alleged perpetrator turned to Jagadish Shah and kicked him two to three times on his chest until the victim fell on the ground. Then the alleged perpetrator punched Umesh’s in the mouth three times. Umesh fell on the ground, unconscious.
After Bilachhan regained consciousness one hour later, he saw that the others were still unconscious and went to the village to get help. When Umesh woke up, he found that his mouth was bleeding severely, that he had one tooth was broken and two teeth were rendered loose. The victims were then all brought to Arogya Community Hospital, Fatteur, Saptari district in an ambulance. Bilachhan, Budheshwor and Bachha Lal were discharged after treatment. Jagadish whose rib was found to be broken was referred to another hospital. Umesh was referred to a dental clinic where his damaged tooth was removed and the doctor advised to remove other two damaged teeth soon.
In the evening of the incident, Captain Ramesh Adhikari from Indradal Gulm, Piprapurba VDC, Saptari district reportedly visited the clinic where Umesh was receiving treatment and pressurized the doctor not to give undue priority and unnecessary medicines to the victims. The following day the doctor announced that he was uncertain whether to continue the treatment of the victim and he refused to give him medical reports and bills. At the moment, Umesh is taking rest at home and taking only liquid food, due to continuous pain.
On 22 April 2011 Umesh registered an application at the District Administration Office, Saptari requesting investigation on the case, punishment to the perpetrator and compensation to the victims. At the time of their visit, the District Administrative Officer expressed his innocence and promised to launch an investigation on the case but at the time of writing, more than one week after the incident, no investigation has been initiated in the case.
SUGGESTED ACTION:
Please join us in calling for the thorough investigation of this case of violence by member of the security forces, prosecution of the perpetrator and appropriate compensation as well as immediate medical treatment for the victims.
Please be informed that the AHRC is writing a separate letters to the Office of the High Commissioner for Human Rights in Katmandu.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Soldier beat four villagers and a child leaving them unconscious
Name of victims:
1.Umesh Lal Sah, 14 (DoB: 27 September 1996), 6th grader at Sri Nanda Higher Secondary School, Odaha, Saptari district, son of Gallu alias Mr. Dev Narayan Sah and Ms. Ramwati Devi Sah,
2.Bilachhan Yadav, 50
3.Budheshwor Yadav, 40,
4.Jagadish Sah, 45,
5.Bachha Lal Mandal, 50
All are permanent residents of Kamalpur VDC-3, Saptari district
Names of alleged perpetrators:
1.One unidentified army man dispatched from Indradal Gulm, Piprapurba VDC, who allegedly beat the victims.
2. Captain Ramesh Adhikari from Indradal Gulm, Piprapurba VDC, Saptari district who allegedly put pressure on the victims’ doctor to stop medical treatment
Date of incident: 20 April 2011
Place of incident: Koshi Tappu Wildlife Conservation area, Saptari District
I am writing to express my concern as I have been informed by the Asian Human Rights Commission that an unidentified army man dispatched from Indradal Gulm has beaten five villagers, including a fourteen year old minor, leaving them unconscious in the Koshi Tappu Wildlife Conservation Area, on 20 April 2011.
According to the information I have received, fourteen year old Umesh Lal Sah, Bilachhan Yadav, Budheshwor Yadav, Jagadish Sah and Bachha Lal Mandal, entered Koshi Tappu Conservation area to search for their lost bulls and buffalos. At around 2.30pm, they came accross a team of forest guards including two unidentified army men, one of those was dispatched from Indradal Gulm, Saroj Chaudhari, a forest guard from Kamalpur Range Post and Ram Narayan Khang, President of Odraha Kamalpur Mid-area Management Committee.
I am informed that the army man who was dispatched from Indradal Gulm but whose name is unknown, verbally abused them. He then reportedly beat Bilachhan first with a rifle butt, kicked him and punched him until the victim fell on the ground, semi-conscious. Then, the alleged perpetrator turned to Jagadish Shah and kicked him two to three times on his chest until the victim fell on the ground. Then the alleged perpetrator punched on Umesh’s mouth three times. Umesh fell on the ground, unconscious.
Bilachhan was the first to regain consciousness one hour later, he saw that all of them were still unconscious and went to the village to get help. When Umesh woke up, his mouth was bleeding severely, he had one tooth broken and two teeth rendered loose. The victims were all brought to Arogya Community Hospital, Fatteur, Saptari district in an ambulance. Bilachhan, Budheshwor and Bachha Lal were discharged after the treatment. Jagadish whose rib was found broken was referred to another hospital. Umesh was referred to Dr. Rajendra Sah’s dental clinic. Dr. Rajendra removed his damaged tooth and has advised to remove other two damaged teeth.
I am concerned to hear that, the evening of the incident, Captain Ramesh Adhikari from Indradal Gulm, Piprapurba VDC, Saptari district reportedly visited Umesh’s doctor’s clinic and pressurized him not to give undue priority and unnecessary medicines to the victims. As a result, the following day the doctor announced that he was uncertain whether to continue the treatment of the victim and he refused to give him medical reports and bills. At the moment, Umesh is taking rest at home and taking only liquid food, due to continuous pain.
I am informed that on 22 April 2011, Umesh registered an application at the District Administration Office, Saptari requesting investigation on the case, punishment to the perpetrator and compensation to the victims. At the time of their visit, the District Administrative Officer expressed his innocence and promised to launch an investigation on the case. I am therefore surprised that more than one week after the incident, no investigation has been initiated in the case.
I am therefore calling for an impartial, immediate and thorough investigation of those allegations of violence committed by a member of the army against unarmed civilians, including against a fourteen year old boy. The alleged perpetrator must face prosecutions and the victims must be provided proportionate compensation. Umesh and Jagadish must be provided immediate medical treatment and their expenses must be covered.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1.Mr. Bishnu Prasad Poudel
Ministry of Defense
Singh Durbar, Kathmandu
NEPAL
Fax: + 977-1-4211294
Email: mod@mos.com.np
2. Dr. Yuba Raj Sangraula
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attorney@mos.com.np
3. Mr. Bed Battharai
LIM and PAC Department
National Human Rights Commission
Harihar Bhawan,
Lalitpur (Kathmandou)
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Chief of Army Staff
Gen Chhatra Man Singh Gurung
Army Headquarters
Kathmandu
NEPAL
Fax: 977-1-4245020
+ 977 1 4242168
Email: na_humanrights@yahoo.com
5. Mr. Krishna Bahadur Mahara
Home Minister,
Ministry of Home Affairs,
Singha Darbar,
Kathmandu,
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211 .00 4211264
6.Mr. Jayapuri Gharti
Minister of Women, Children and Social Welfare
Singha Durbar,
Kathmandu,
NEPAL
Tel: +977 1 4200408
Fax: +977 1 4200116
Email: mail@mowcsw.gov.np
7. Jhala Nath Khanal
Prime Minister
Office of the Prime Minister
Singh Darbar
Kathmandu
NEPAL
Fax: + 977 1 4211 086
E-mail: info@opmcm.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
