NEPAL: Four human rights abuse cases alleged done by Maoists

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by a reliable source of four cases relating to intimidation and assaults allegedly committed by the Maoists. Details of each case are described below. At the present stage, the Communist Party of Nepal (Maoists) (CPN (M)) formally ended the armed conflict in the country on 21 November 2006 and entered into the ‘Interim Legislature-Parliament’ on 15 January 2007. Five ministers of the CPN (M) have been involved in the interim government since 1 April 2007. While the arrival of Maoists in the interim government marked the beginning of new era in Nepalese history, the AHRC is concerned that the trend of abductions, torture, collection of involuntary donations, and death threats by the Maoists are allegedly continuing. As the Maoists have officially become a party of the interim government, the interim government has the primary obligation to investigate those cases and bring the alleged perpetrators to justice. The AHRC also urges the Maoists in the interim government to put their effort in order to end such alleged violations committed by the Maoists and bring the peace in the country.

CASE DETAILS:

Case 1:

Sarita (name changed to safeguard the victim’s identity), a 13-year-old school girl of Baglung district, was allegedly accused of being a ‘whore’ and threatened to leave her home by her friend’s relatives on 30 March 2007. They behaved inhumanely and mentally tortured her on various dates on the charge of not ‘informing’ them about a local girl’s secret marriage with a local Dalit (untouchable) boy.

Sarita and Sindhu (name changed) were friends and preparing for the School Leaving Certificate examinations. Sarita had no clue about her friend Sindhu’s affair with Raju BK, a local boy from so a called lower caste family. Sindhu eloped with Raju but Sarita was unaware of the event. On 30 March 2007, Sindhu’s father and grandfather, who identified themselves as Maoists, visited Sarita and verbally abused her. They were in a rage as Sindhu had run away with a Dalit boy from the same locality. They then warned Sarita to leave her home immediately. They said that they would produce ‘evidence’ of her ‘affairs’ with a boy from the Dalit caste and would spoil her future prospects. Further, on April 1, a local named Rudra, allegedly a Maoist, came to the victim’s home and labeled her a prostitute and threatened her to leave home immediately.

At present she has left her home and has been staying at the house of a relative and is preparing for the SLC exams. Sarita’s mother has expressed her concerns about the fate of her daughter. According to the mother the alleged perpetrators have warned of forcing them out their house and of turning it into a Maoist party office. She added that they also termed her a whore and warned that they would also bar her son from attending the examinations. Her husband is currently abroad for employment. It is reportedly that Sarita is suffering intense stress due to such continuous threats and harassments.

The AHRC demands an immediate and proper investigation into this case and urges the interim government of Nepal to provide effective security to the victim. The alleged perpetrator should be brought to justice as soon as possible.

Case 2:

Bir Bahadur (name changed to safeguard the victim’s identity) is a 21-year-old man residing in Baglung district. He joined the Peoples’ Liberation Army (PLA) on 1 June 2005 but deserted on 26 November 2006 along with a female cadre.

Since then, Maoist cadres have allegedly intimidated the victim on numerous occasions. They have allegedly told him that they will kill him if he fails of re-join them. However, the victim’s state of health is not sufficient for him to continue his service at the Maoists’ camp and he is receiving traditional treatment for his worsening health at the house of a local shaman’s house.

According to the victim, in the evening of 30 March 2007, he was returning home with the shaman when a group of Maoists were waiting him on the way. They took the victim to the Maoists’ central leader, Dinanath Sharma’s home nearby. His hands were tied behind his back and he was severely beaten for nearly one and half and hours. The victim was indiscriminately assaulted on his chest, back and legs. The victim finally fell unconscious due to excessive pain. However, when he gained his sense, he was again brutally assaulted. He was accused of deserting from the Maoists’ military camp in Nawalparasi district.

The alleged perpetrators warned him not to complain of the incident and told him that they have obtained their high command’s order to kill him if he did not follow their instructions. They also stole two gold rings belonging to the victim. We were informed that even now the victim is receiving threats to his life from the Maoists.

The AHRC demands an immediate investigation into this case and urges the interim government of Nepal to provide effective security to the victim and his family members. The alleged perpetrator should be brought to justice as soon as possible.

Case 3:

Mr. Nathu Yadav is a 40-year-old man residing at Pakharvindi Village Development Committee (VDC) ward no.3, Rupendehi district and is allegedly a Maoist. He has allegedly been threatening some local businessmen in Rupendehi district for long time. On the morning of 5 April 2007, he allegedly threatened some local businessman for donations at gunpoint. However, soon he was captured by the locals and beaten up with bamboo sticks at Piprahawa of Rayapur VDC, Rupendehi district.

On the same day, he was handed over to the District Police Office (DPO) of Rupendehi together with the gun. According to the local police authority, Mr. Yadav was found to have been involved in collecting donations in the past as well. The police authority said that they had warned him several times not to collect donations but that he didn’t obey. The DPO Rupendehi has begun the investigation into this case.

The AHRC demands a speedy and impartial investigation into this case and urges the interim government of Nepal to bring the alleged perpetrator to justice as soon as possible.

CASE 4:

A businessman Mr. Shyam Sundar Sharda of Sharda Group of Industries was allegedly garlanded with shoes and marched around the city at Biratnagar of Sunsari district for about 20 minutes by workers, who allegedly belong to Maoist affiliated trade union, on 9 April 2007. He was captured by the workers in the morning on April 9, while he was trying to go to the District Police Office (DPO) of Sunsari district, to arrange a compromise with the workers as he had promised on the previous day.

According to Mr. Anil Sarada, the director of Sharada Group of Industries as well as the nephew of the victim, on April 4, the drivers of the company called a strike and stopped driving. He also said that on April 8, his brother Mr. Madhusudan Sarada had to go to Katihar in India for official work and as the drivers were on strike, he hired a driver from Jogbani, India for a short time. However, one company driver, Hari Kumar (name changed in the request of driver) later caught the Indian driver and interrogated him. The Indian driver reported the incident to his employer.

On the same day on April 8, the employer of the Indian driver, along with six others came to Sharada Group of Industries, caught Hari Kumar and took him towards Hatkhola of Sunsari district for interrogation. Hari Kumar was released after a while due to an intervention by the company.

However, in the meantime, some of the workers vandalized the company office at Biratnagar Municipality -6, Sunsari district, claiming that the company had prepared a plot to abduct the driver. Mr. Anil Sarada and his uncle Mr. Shyam Sundar Sarada fled from an office window and took shelter with the DPO of Sunsari. Some of the workers also went to the DPO of Sunsari and the two men agreed to come at DPO on the following morning to seek solutions with workers.

At about 8:45am on the next day morning, as soon as Mr. Shyam Sundar Sarada left home to go to the DPO, he was caught by workers. They allegedly garlanded him with shoes and made him march the city for around 20 minutes. The security forces from DPO of Sunsari later dispersed the crowd and took the victim into their control. The victim was then hospitalized and now is discharged.

The AHRC demands a proper and impartial investigation into this case and urges the interim government of Nepal to provide effective remedies to the victim.

ADDITIONAL COMMENTS:

The Communist Party of Nepal (Maoists) has formally ended the armed conflict in the country on 21 November 2006 and entered into the ‘Interim Legislature-Parliament’ on 15 January 2007. Further on 1 April 2007, five ministers of CPN (M) were involved in oath taking ceremony before the interim legislature parliament. The arrival of Maoists in interim government since April 1 marked the beginning of new era in Nepalese history.

Meanwhile, the UN Mission in Nepal (UNMIN) completed its mandates of arms and combatant of Maoists verification on 19 February 2007. The Chief of the UNMIN, Mr. Ian Martin, submitted the report of registration of People’s Liberation Army combatants and arms to the government and the Maoists on February 22. Weapons found after the registration of arms and combatant of Maoists are illegal. However in some of the districts the Maoist cadres are reportedly found with such weapons.

However, the trend of abductions, torture, collection of involuntary donations, and death threats are allegedly continued by the Maoists even after the admission to the interim government. As the Maoists have officially become the party of the interim government, the interim government has primary obligation to investigate those cases and bring the alleged perpetrators to justice. The AHRC also urges the representatives of Maoists in the interim government to end such alleged violations committed by the Maoists and bring the peace in the country. 
SUGGESTED ACTION:
Please write to the concerned authorities listed below and demand their urgent intervention into these cases.

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