NEPAL: Reported cases of extra-judicial killings by personnel from the Joint Security team

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to bring to your attention eight reported cases of extra-judicial killings by personnel from the Joint Security team in Nepal.

In seven of the eight cases, plain clothed security personnel went to the homes of seven men, demanding that the men come forward.  During this process, the security personnel beat the men and/or their wives, whilst searching their house for evidence of arms and ammunition.  The security personnel then took the men into custody, having charged or accused them of association with the Maoists.  The day after their arrests, each of the seven men were found dead, in what appears to be clear examples of extra-judicial killings.  Each of the men’s bodies were cremated by the police, with family members denied access to their dead relatives before the cremation took place.  In six of the cases, security personnel claim that the men were killed during an encounter with security forces.  However local villagers do not believe this claim and a fact finding team from local human rights groups has found no evidence to suggest that any encounter took place.

In the other case, security personnel discovered the victim sleeping under a tree, before they shot and killed him on the spot.  Again, the security personnel cremated the dead body before any family members could gain access to the victim.

We call for your urgent intervention into this matter. Please write to Major General Sharma Thappa and other relevant authorities demanding immediate investigations into these cases so that the perpetrators can be brought to justice without delay. Please also urge Major General Sharma Thappa to strictly instruct the army and the police to stop the ongoing illegal arrest, detention, torture and extra-judicial killings against civilians.
  
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The following are the details of the eight recent cases of extra-judicial killings by personnel of the Joint Security team in Nepal.

Case 1:
Name of victim: Lapten Yadav, 45.
Resident of: Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1:00am on 1 October 2004, three security personnel went to the house of Mr. Yadav where they found him and his wife at home.  The security personnel searched the house, supposedly looking for arms and ammunition. They then arrested Mr. Yadav and proceeded to beat him with their boots and a bamboo stick.  Mr. Yadav’s wife pleaded with the security personnel not to arrest her husband, saying that he had no links to the Maoists.  However, the security personnel took Mr. Yadav into custody.  The next day Mr. Yadav’s dead body was seen in Keutani village before it was taken to Janakpur for cremation.  Mr. Yadav’s family pleaded with the security personnel to be given access to Mr. Yadav, but this was denied.

Case 2:
Name of victim: Shatrughan Yadav, 30.
Resident of: Bala Bakhar Village Development Committee, ward No. 5, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1:30am on 1 October 2004, two security personnel went to the house of Mr. Yadav where they proceeded to beat Mr. Yadav and his wife, Hiradevi Yadav, with their boots and a bamboo stick.  The security personnel took Mr. Yadav with them after having tied his hands behind his back.  The next day Mr. Yadav’s dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav’s body, but they refused to do so.

Case 3:
Name of victim: Ram Nath Yadav, 43.
Resident of: Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1:00am on 1 October 2004, two security personal arrived at Ram nath Yadav’s house.  When they saw Mr. Yadav, they tied his hands behind his back and proceeded to beat him with their boots.  Security personnel charged Mr. Yadav for being a Maoist and then took him away. The next day Mr. Yadav’s dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav’s body, but they refused to do so.

Case 4:
Name of victim: Ram Pukar Yadav, 40.
Resident of: Chorakoyalpur Village Development Committee, ward No. 6, Dhanusha.
Summary of case: At midnight on 1 October 2004, three security personnel went to Mr. Yadav’s house.  Upon finding Mr. Yadav they took him outside and began beating him with a bamboo stick.  The security personnel asked Mr. Yadav for his citizenship card before arresting him and taking him away. The next day Mr. Yadav’s dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav’s body, but they refused to do so.

Case 5:
Name of victim: Raj Gir Yadav (known as Phulgen), 45.
Resident of: Chorakoyalpur Village Development Committee, ward No. 6, Dhanusha.
Summary of case: At midnight on 1 October 2004, security personnel went to Mr. Yadav’s house.  Security forces charged him with being a Maoist and started to verbally and physically abuse him.  The security personnel then took Mr. Yadav away. The next day Mr. Yadav’s dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav’s body, but they refused to do so.

Case 6:
Name of victim: Krishna Kumar Yadav (called Biranchi), 31.
Resident of: Bala Bakhar Village Development Committee, ward No. 2, Sundarpur, Chiraiya, Dhanusha.
Summary of case: At 1.30am on 1 October 2004, 5 security personnel arrived at Mr Yadav’s house, demanding to know his whereabouts.  Mr. Yadav’s mother told the security personnel that her son was not a Maoist and that he has previously worked in Malaysia and India for the family’s livelihood, before returning recently to Nepal.  Mr. Yadav was in his neighbour’s house, where the police eventually arrested him. The next day Mr. Yadav’s dead body was seen in Keutani village, before being taken to Janakpur for cremation.  Villagers asked the security personnel to return Mr. Yadav’s body, but they refused to do so.

** In all of the above six cases, security personnel claim that the mend were killed during an encounter with security forces.  Villagers, however, do not believe this claim and a fact finding team have found do evidence to support this. 

Case 7:
Name of victim: Bouyalal Mura Kawari, 40.
Resident of: Pateharwa Village Development Committee ward No. 3, Pateharwa, Dhanusha.
Summary of case: At 3am on 17 October 2004, security personnel went to Mr. Bouyalal’s house, where they arrested him on charges of being a Maoist and providing food to Maoists.  Mr. Bouyalal tried to convince the security personnel that he has been a migrant worker in Arab countries for the last few years and that he was not a Maoist.  However, the ignored him and took him to a place near Prasaitol, about one and a half kilometers from his village.  There they shot Mr. Bouyalal, killing him on the spot.  Security personnel then took away his dead body and cremated it.

Case 8:
Name of victim: Ram Narayan Sada, 45.
Resident of: Pateharwa Village Development Committee ward No. 3, Kothiya, Dhanusha.
Summary of case: At 4am on 17 October 2004, security personnel went to Pateharwa village.  Mr. Sada was sleeping under a tree when security personnel spotted him.  They immediately opened fire on Mr. Sada, killing him instantly.  According to the villagers, Mr. Sada was shot in the mouth.  Security personnel took his body away and had him cremated in Janakpur.  Villagers do not wish to become involved in this case as they now live in fear of security personnel in the area.

SUGGESTED ACTION:

Please send a letter, fax, or an email to Major General Sharma Thappa to express your concern regarding these cases.  Please ask that he investigate these cases immediately and that he take all measures possible to ensure that extra-judicial killings by security personnel such as these cases would not continue to occur in the future.

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