NEPAL: A young man facing torture and disappearance while in illegal custody at Majaha Gaon Army Barrack

Dear friends,

The AHRC has received information that the life of Mr. Man Bahadru Budhamagar (22) is in great danger. On 16 September 2004 Mr. Man Bahadru Budhamagar was illegally arrested by army personnel from the Majaha Gaon Army Barrack Mahendra Nagar, Kanchanpur District, merely because he informed his case to human rights groups. On 17 August 2004, his two brothers were killed and his sister-in-law was raped by army personnel while he was taken to the Majaha Gaon Army Barrack and illegally detained there until 2 September 2004. After being released on September 2, he informed human rights groups about this matter, which led him to be arrested and detained again by the army personnel. The victim’s family is desperately looking for help to rescue Mr. Man Bahadru Budhamagar as he may be killed at anytime.

The AHRC is gravely concerned by the great possibility of torture and disappearance of Mr. Man Bahadru Budhamagar. Your urgent action is required to pressure the government of Nepal to release the victim immediately and ensure his full security. Please also request them to conduct a prompt and thorough investigation into the illegal detention and torture of Mr. Man Bahadru Budhamagar, alleged killings of his two brothers and rape of his sister-in-law, and bring all the responsible army personnel to justice as soon as possible.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: 1) Mr. Man Bahadur Budhamagar, 22 years old, a farmer, 2) Mr. Nar Bahadur Budhamagar, 3) Mr. Ratna Bahadur Budhamagar (The three are brothers), 4) Mr. Ratna Bahadur Budhamagar’s wife (name withheld)
Address of the victim: Basneuta Village Development Committee (VDC), Ward no. 4, Dhadeldhura District
Alleged perpetrators: Royal Nepal Army personnel attached to the Majaha Gaon Army Barrack Mahendra Nagar, Kanchanpur District

Case details:

On 17 August 2004 at about 6:30am, a team of joint security forces came to Basneuta Village Development Committee (VDC) and arrested several young men including Mr. Man Bahadur Budhamagar and his two brothers, Mr. Nar Bahadur Budhamagar and Ratna Bahadur Budhamagar. They did not show any arrest warrant or relevant documents for their arrest, but simply accused them of being Maoists.

At the time of arrest, the security forces inhumanly assaulted the three brothers with stick, hands and guns and kicked them with their boots randomly. They also beat the wife of Mr. Ratna Bahadur Budhamagar, and then dragged her out of the house and raped her near the house where the family used to keep cattle. After that, they killed Mr. Ratna Bahadur Budhamagar and Mr. Nar Bahadur Budhamagar near the house.

After killing the two brothers, security forces arrested and took away Mr. Man Bahadur Budhamagar, Mr. Tek Bahadur Dhami and Mr. Tarami Thapa. Tarami Thapa was released on the same day but Mr. Man Bahadur Budhamagar and Mr. Tek Bahadur were taken to the Majaha Gaon Army Barrack Mahendra Nagar, Kanchanpur District.

Mr. Man Bahadur Budhamagar was illegally detained there until 2 September 2004. According to him, army personnel severely assaulted him daily while inquiring him about Maoist rebels and the whereabouts of Maoist leaders which he did not know. On September 2, the army released him and ordered him to come to the District Administration Office of the army barrack on September 12. After being released, Mr. Man Bahadur Budhamagar received medical treatment with the help of a human rights group that is taking care of his sister-in-law.

On September 12, Mr. Man Bahadur Budhamagar went to the District Administration Office as he was ordered and the officer ordered him to come back to the office on September 16. At about 12:30pm of September 16, as he was on the way to the District Administration Office, the army personnel stopped him and put him into an army van. Then they blindfolded him and took him to the Majaha Gaon Army Barrack. It is alleged that they accused him of defaming the Royal Nepal Army by providing information about his family’s case to the human rights groups. He has been illegally detained again in the army barrack since then.?

The authorities of the army barrack have not allowed any of the victim’s family or human rights defenders to access the victim. The victim’s family is desperately looking for help to rescue Mr. Man Bahadru Budhamagar as he could be killed at anytime. At the request of the victim’s family, a human rights group is preparing to file a habeas corpus petition for the victim’s release.?

The AHRC is gravely concerned by the great possibility of torture and disappearance of Mr. Man Bahadru Budhamagar. The AHRC strongly urges the government of Nepal to release the victim immediately and ensure his full security. The AHRC also requests the government of Nepal to promptly and thoroughly inquire into the illegal detention and torture of Mr. Man Bahadru Budhamagar, the killings of his two brothers and the rape of his sister-in-law, and prosecute the responsible army personnel without delay.
?lt;br />SUGGESTED ACTION:
Please send a letter to the Nepali authorities and request them to immediately release the victim and provide full protection to him.

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