NEPAL: Human rights defenders beaten and abused by the police

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum (AF) that a group of human rights defenders, namely Mr. Ajit Thakur from the National Human Rights Commission, Mr. Raj Kumar Mahaseth from Advocacy Forum – Nepal, Mr. Dev Kumar Mahato from WOREC-Nepal, Mr. Dipendra Das from Manav Adhikar Surakshya Munch (FOPHUR), Mr. Nagendra Sah from Unnat-Nepal, and Birendra Karn from THRD Alliance have been beaten and manhandled by more than 50 police personnel. This mistreatment occurred while they were monitoring a demonstration in Janakpur on 1 September 2015. According to the human rights defenders, they were attacked and verbally abused by police personnel despite the fact that they were wearing human rights jackets and had identity cards.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, a team of 6 human rights defenders (HRDs), namely Mr. Ajit Thakur from National Human Rights Commission, Mr. Raj Kumar Mahaseth from Advocacy Forum – Nepal, Mr. Dev Kumar Mahato from WOREC-Nepal, Mr. Dipendra Das from Manav Adhikar Surakshya Munch (FOPHUR), Mr. Nagendra Sah from Unnat-Nepal, and Birendra Karn from THRD Alliance were monitoring demonstration in Janakpur, Dhanusha District on 1 September 2015 for the whole day.

At around 4.30 p.m., they were monitoring the demonstration from the top of a single storied building, which happens to be the Local Peace Committee Office at Bhanu Chowk. At that time, one tear gas shell was shoot onto the roof of the building where human rights activists were standing and observing the demonstration. Due to the tear gas, all the HRDs dispersed from their position on the rooftop. After a while, human rights lawyer Raj Kumar Mahaseth made a call to the Superintendent of Police (SP) Ganesh Bahadur Thapa and informed him about the incident and suggested that he change the security detail as it appears the security personnel were very tired and hungry due to which they had become aggressive. The SP said that the tear gas might have lobbed on them by mistake. He promised to inquire about it. However, in terms of changing the security force, he said that there were no additional personnel to change the team.

The same day, at around 5.15 p.m., there came news that the police had shot a demonstrator while he was running from a small street in the western side of the main road. Raj Kumar Mahaseth described what happened next:

“When I looked at the main road from the top of the building, I saw that the protestors were running towards the south while the police were on the north side. No one was present at the place of the incident. So, for the purpose of rescuing the injured person, we 6 human rights activists came out to the main road. But, at the same time, both protestors and the police started pelting stone and bricks on each other and we had to take shelter in the corridor of the next house on the western side of the main road. After around 4-5 minutes, more than 50 security personnel from the Nepal Police, APF, and the Riot Police arrived where we were standing and surrounded the place. I told them that we are human right defenders and gave our introduction. But, verbally abusing us, they started beating us with sticks and kicking us with their boots. They accused us of protecting the protestors and taking their pictures. Dev Kumar Mahato was beaten with sticks on his legs. Ajit Thakur was hit on the left hand. Dipendra Das and Birendra Karn were hit on their hands and Nagendra Sah was hit on the head. The police manhandled and beat us for about 7-8 minutes, until 3 police Inspectors arrived there and stopped them.”

The HRDs have said that the police baton charged them randomly, but due to their being shielded by some police officers, they were saved from serious injury. Later, when three police inspectors and some other officials tried to take the HRDs towards the north, saving them from aggressive policemen, some security personnel pelted stones on the human right activists. On stone hit the back of Nagendra Sah. The police officers kept the HRDs in a safe place and took the injured Nagendra Sah to Janakpur City Hospital for treatment. He was treated in the hospital till 9:30 p.m. in the night.

The AHRC urges the government of Nepal and its concerned authorities to investigate the incident, in order to protect and ensure the rights of human rights defenders to monitor demonstrations. The government should compensate the injured and take legal action against the suspected perpetrators following investigation.

BACKGROUND INFORMATION:

Due to the indefinite strike called by United Democratic Madhesi Morcha from 16 August 2015, vehicles, factories, educational institutions, markets, banks and entire localities in Janakpur in Terai Madesh have remained closed. On 1 September 2015, save for a few electronic rickshaws, rickshaws, motorcycles, and bicycles, no other vehicles were seen operating in the Janakpur Market. 
On 1 September 2015, right from the morning, protestors blocked the roads by burning tires in different places of Janakpur Market. They jammed the road by placing stones and bricks in the middle of the road and placing other blockades in different places.

The same day, in the morning, at around 10:30 a.m., the police dispersed a group of more than 100 protestors who had attempted to burn the Railway Police Office in Ward no 1, Janakpur Sub-metropolitan City. The protestors pelted stones and pieces of brick on the police, and in return the police also pelted stones and bricks back. Later, the number of protestors grew and around 500-700 protestors gathered, whereas a large numbers of security officers from the Nepal Police, the Armed Police Force and the Riot Police Force were deployed. They were under the command of 3 Police Inspectors. Subsequently, a Deputy Superintendent of Police of the Armed Police Force arrived.

The pelting of stones and bricks, which began at 11 a.m., continued till 7 p.m. in the evening. Sometimes the protestor pelted stones and bricks on the police and members of the force stepped back, and some times the police shot tear gas shells and fired into the air and dispersed the protesters. The cat and mouse game continued for the whole day. During the course of the day, the police shot more than 53 tear gas cells, and fired more than 20 rounds of rubber bullets into the air. This continued till 7 p.m. that evening.

SUGGESTED ACTION:

Please send letters to the authorities listed below, expressing concern about this act of police violence, requesting immediate intervention.

Please note that the AHRC has also written a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, calling for his intervention into this matter. 

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