NEPAL: Suspicious death of man following his being taken into custody by security forces 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the suspicious death of a man following his being taken into custody by security forces. Chandra Bahadur Basnet, alias Manoj, along with his friend, Santosh Champlagain was detained by police force officers at the Dhankuta Hotel for no stated reason on 24 August 2005. The following day, Manoj’s family received a phone call from the District Police Office in Morang asking them to come and collect Manoj’s body as he had been killed in a security operation. The family demanded to know how their son, who they were aware had been taken into custody the previous night, could be killed in a security operation when he was already being detained by the police. However, the Deputy Super-Intendent at the police station informed them that he could not explain this as he was not involved in the operation. Upon collecting Manoj’s body, the family noticed two bullet wounds – one in the chest, and one in the neck. He also had contusions on his chest, neck and genitals and there was blood on his body. Despite the family attempting to lodge a First Information Report (FIR) regarding this matter, the Super-Intendent of Police at the district police office in Morang refused to register the FIR saying that an internal investigation was being conducted and that there were limitations to this case. The family also claims that the police have in their possession Manoj’s gold ring, a chain and Rs. 23,000 cash.

Owing to the severity of this case, we ask for your urgent intervention. Please write to Mr Ian Martin, Chief of the UN Mission in Nepal requesting him to pressure the government and police authorities to immediately investigate this matter. A thorough and independent investigation should examine why Manoj and Santosh were taken into custody in the first instance. It should also establish what occurred to the two men, particularly Manoj following their initial arrest at the hotel. If it is found that police officers were responsible for Manoj’s death, then charges must be laid and the alleged perpetrators must be brought before a court of law. If found guilty, the perpetrators must immediately be dismissed of their duties and sentenced to jail terms reflective of the crimes they have committed. Manoj’s possessions, which the family claims are missing, should be located and returned to his family. Finally, Santosh’s continuing detention should be assessed and if found illegal, he should be released without delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
————————————————————-

DETAILED INFORMATION:

Victim: Chandra Bahadur Basnet, alias Manoj, 28, previously an employee of the office of the Sijuwa VDC
Date of detention and murder: 24 August 2005
Place of incident: Victim first arrested at Dhankuta Hotel
Alleged Perpetrators: Police officers, led by Inspector Nardeep Basnet who had been deputed for the prison security, situated at Morang district, Biratnagar Sub metropolitan city – 11

On 24 August 2005, at around 9.30pm a group of armed police force officers (some of them in civil dress) went to Dhankuta Hotel. As provided by a witness, the officers arrived in a blue
vehicle bearing the license plate number KO. 1 Cha 4544.

Two of the officers in plain clothing first entered the hotel and proceeded to the third floor – they were allegedly wearing cloths over their heads at the time. Some time shortly after the two officers came down from the third floor with three guests from the hotel (the names of these guests are withheld for security reasons). The asked the owner if the had a torch for further searching, and when he replied that he did not, the officers slapped him and an employee of his in the face.

Two guests at the hotel, Manoj Basnet and Santosh Chamlagain, walked into the hotel during this incident. The officers immediately detained and charged Santosh, though it is unclear exactly what it is they charged him with. They then dragged Santosh into a nearby room and interrogated him. During this time he was asked if he had any relatives or close friends with him, and when he pointed in the direction of Manoj, they arrested him too. The officers then tied the hands of Manoj and Santosh together, along with the three other persons they had already detained and blind-folded the five of them. While taking the five outside, witnesses pleaded with the officers to let one of the detainees, a woman, go as she had to catch a flight to Kathmandu the following day. The Inspector let the woman go. Witnesses also informed the officers that the other two persons were the driver and conductor of a bus that was to leave for Pokhara the following morning. They argued that if they were not released the bus could not go and therefore the passengers would be furious. These two men were soon after released, but Manoj and Santosh remained detained and were placed into the waiting vehicle.

The next day Manoj’s family members received a telephone call from the District Police Office (DPO) in Morang saying that Manoj had been killed during a security operation. They were asked to go to the DPO in Morang immediately so as to collect the dead body. When they arrived they noticed that Manoj’s body had two bullet wounds – one in the chest, and one in the neck. He also had contusions on his chest, neck and genitals and there was blood on his body. The family members met with the Deputy Super-Intendent of Police (DSP) who again told them that Manoj had been killed during a security operation. This the family found difficult to believe as they were aware that Manoj had been detained the previous night and this therefore could not explain how he could possibly be involved in such an encounter. The DSP informed them that he was not aware of the details as he was not directly involved in the operation.

Santosh Chamlagain, meanwhile, who had been detained in the district police office, was immediately transferred to Morang prison for preventive detention and remains there to date.

Manoj had been working as an administrative assistant (Mukhiya) in Suizuwa VDC for more than 10 years. He had come to meet Santosh who was going to Malaysia to work after spending a year in Assam, India. Santosh had traveled to Biratnagar before planning to head onto Kathmandu and then Malaysia. He had already booked the ticket.

The relatives who had gone to receive the body were not allowed to meet anyone outside or to call anyone unless they took the body in a vehicle provided by the police. They were told that that they were not to make any fuss over this, to keep the details of this incident quiet and to go ahead with the ritual funeral. The District Police Office then provided a vehicle to take the body back to the family’s village, ensuring that the family did not go elsewhere.

On August 26 the family members cremated Manoj’s body. Villagers who had gathered at the funeral signed a petition asking for intervention in this case. They asked that the perpetrators be brought to justice and adequate compensation be provided to the victim’s family.

On August 30 Manoj’s father, relatives, lawyers, human rights activists and local journalists went to register a First Information Report (FIR) at the DPO in Morang. The group were first sent to the case section of the DPO to register the FIR. The police in that section requested them to meet with the DSP. The group met with DSP Mr Sarad Chanda who referred them onto the Super-Intendent of Police (SP). However, the SP refused to register the FIR saying that an internal investigation was being conducted and that there were limitations to this case.

The family also claims that the police have in their possession Manoj’s gold ring, a chain and Rs. 23,000 cash.

SUGGESTED ACTION:

Please send a letter to.

 

 

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