Dear friends,
The Asian Human Rights Commission (AHRC) has been informed by its local partner in Nepal, the Advocacy Forum, of the alleged appalling rape of a 14-year-old mentally ill girl by three police constables from Zonal Police Office (ZPO) and one civilian in Mahendranagar, Kanchanpur district on 4-5 June 2007. Two of the police constables allegedly raped the victim for two hours in the daytime while another police constable and his nephew repeatedly raped her the whole night. The victim tried to defend herself but the alleged rapists threatened to kill her. After the inquiry, two suspects have been arrested so far, while the two responsible police constables have not yet been arrested. Please intervene into this serious case and demand the immediate arrest of the remaining suspects and the proper and impartial investigation into this case.
CASE DETAILS: (based on the victim’s testimony)
On 4 June 2007, at around 11am, a 14-year-old Miss. X (the name withheld to safeguard the victim’s identity) arrived at Mahendranagar Bazaar by bus from her house to see her uncle working as a police constable at the District Police Office (DPO), Kanchanpur district. As she was not sure about the location of DPO, Kanchanpur, she happened to move towards the Zonal Police Office (ZPO), Kanchanpur, which is located about 400 meters away from DPO. There she asked about the location of DPO from one police constable named Harendra Chand of the ZPO, Kanchanpur. When she explained details about her uncle, he assured that he would help her to get her uncle. She believed him and followed him, as he was a police constable.
After a while, on the way to DPO, Harendra asked Miss X whether she wanted to have some noodles. She said yes and Harendra then stopped in a small tea shop, which is owned by the elder brother of another perpetrator Rekham Shahi, the police constable of the ZPO, Kanchanpur. Harendra ordered to prepare noodles. At that time, Rekham Shahi was also at the tea shop instructing workers during the absence of his elder brother on that day. Both police constables Harendra and Rekham then took her to a house beside the tea shop (almost adjoined) and allegedly raped her one by one for about two hours from noon to 2pm. The victim tried to resist but they threatened her to keep quiet or otherwise kill her.
After that, the two police constables took the victim to another police constable Janak Mahatara’s house, which is located around 200 meters from there. They left the victim with Janak’s wife Ms. Radhika Mahatara and left the house saying that they would come back later.
On the same day evening, at about 9pm, the police constable Janak Mahatara and his nephew Tirtha Dangi arrived at home. Janak’s wife Radhika went out somewhere leaving both Janak and Tirtha in the room with the victim. They then allegedly raped her repeatedly almost the whole night. They also threatened the victim to kill her so that she could not do anything due to fear and helplessness.
Early in the morning the next day, 5 June 2007, Radhika arrived at home and scolded the victim saying that she had come there to be a second wife of her husband. She even tore her clothes and manhandled her. Then Radhika brought the victim back to the ZPO, Kanchanpur district, accusing the victim of being her husband’s second wife and tried to hand over the victim to Harendra and Rekham.
Meanwhile, investigating police officers of ZPO interrogated the victim and Radhika for some hours and handed over the two women to the DPO, Kanchanpur for further investigation. The officers of the DPO found it as a case of rape and arrested Resham and Tirtha on the same day (June 5). However, other two alleged rapists, Harendra and Janak escaped from being arrested and they are still at large. The police authority said the arrest warrant has been issued for the two men.
The DPO took the victim to Mahakali Zonal Hospital, Kanchanpur for medical check-up and the authority assured that they would send the victim’s underwear clothing out of the district for the laboratory test soon. The police did not reveal the medical report, however, Mr. Prem Karaki, an inspector of the DPO reportedly said that the victim’s medical report revealed that she had been raped.
Since June 6, Rekham and Tirtha have been currently detained at the DPO, Kanchanpur with the charge of rape, whereas Radhika was remanded for the act of being an accomplice in the said rape case. According to the Superintendent of Police (SP) of ZPO, the three policemen amongst the alleged rapists have already been suspended.
On June 5, the victim along with her father registered a complaint at the DPO, Kanchanpur (registration no. 190) against the alleged rapists under the charge of rape with the help of the Advocacy Forum. The doctor prescribed her some medicine and recommended her to consult a doctor after one and a half months for her pregnancy test, and after 6 months for the HIV test.
As of now, the Advocacy Forum has provided medical treatment for her but there was bleeding from the victim’s uterus for three days after the incident. She has been mentally ill for some years but not severely disordered. It is reported that she has been more depressed after the incident.
ADDITIONAL COMMENTS:
The AHRC has reported several alleged rape cases committed by the police and army personnel from Nepal. Please refer to the three cases which we have reported recently.
UA-238-2006: Alleged perpetrator of rape of 17-year old girl must be brought to justice;
UA-390-2006: Alleged rape of 12-year-old girl by a policemen in Mohatari district;
UA-005-2007: Mentally deficient woman allegedly assaulted and raped by an army officer.
According to Section 2(2) of Chapter 14 of Civil Code Nepal-2020 BS, a person can be imprisoned for up to 7-10 years if found guilty of rape of a minor (between the ages of 10-16, under the current serving definition in domestic Pakistani legislation). However, in many cases, no proper investigation has been conducted in those cases which resulted in the impunity of the responsible officers. The AHRC worries that the victim of this case may be victimised to this ‘miscarriage of justice’ like victims of the previous cases.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and express your concern about this serious case. Please urge them to ensure that independent unit conducts a proper and speedy investigation into the incident without any interference from relevant police officials. Please also urge them to ensure that the alleged rapists are immediately arrested and transferred into police custody and proper legal action is taken against him.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
NEPAL: An alleged rape of a minor by the three policemen and one civilian in Kanchanpur
Name of victim:
Miss. A (name withheld to safeguard her identity), 14-year-old mentally ill girl, resident of Dekhatbhuli Village Development Committee, Kanchanpur district
Alleged perpetrators:
1) Mr. Harendra Chand, aged 25, police constable at the Zonal Police Office (ZPO), Mahendranagar, Kanchanpur, district
2) Mr. Rekham Shahi, aged 23, police constable of the same ZPO
3) Mr. Janak Mahatara, aged 26, police constable of the same ZPO
4) Mr. Tirtha Danga, aged 20, nephew of Mr. Janak Mahatara
Date of alleged rape incident: 4-5 June 2007
Place of alleged rape incident: Rekham Shahi’s elder brother’s house (the first place of rape); Janak Mahatara’s house (the second place of rape)
I am writing to voice my deep concern regarding the alleged rape of a 14-year-old minor (name withheld to safeguard her identity), who is living at Dekhatbhuli Village Development Committee, Kanchanpur district, Nepal on 4-5 June 2007. Shockingly, the alleged rapists are the three police constables of the Zonal Police Office, Mahendranagar, Kanchanpur district and one civilian who is the nephew of one police constable.
According to the information I have received, she was allegedly raped firstly by two police constables Harendra Chand and Rekham Shahi at Rekham Shahi’s elder brother’s house adjoining the tea shop from 12pm to 2pm for about 2 hours. At that time she was on the way to see her uncle working at the DPO, Kanchanpur. The victim was then brought to the house of Janak Mahatara, another police constable of ZPO, where she was again raped by Janak and his nephew Tirtha Danga for the whole night.
On 5 June 2007, the victim was taken by Janak’s wife Radhika Mahatara, who accused the victim of being the second wife of her husband, to the ZPO. After the inquiry, she was sent to the District Police Office (DPO) where a rape case was instituted. I was informed that the medical report confirmed that she had been raped.
While I welcome the news that two rapists, Janak and Tirtha, have been arrested, I am concerned that two other perpetrators are still at large.
According to Section 2(2) of Chapter 14 of Civil Code Nepal-2020 BS, a person can be imprisoned for up to 7-10 years if found guilty of rape of a minor (between the ages of 10-16, under the current serving definition in domestic Pakistani legislation). However, in many cases, no proper investigation has been conducted in those cases which resulted in the impunity of the responsible officers. In case that the suspects are the police, the police usually intervene or exercise their influence over their colleagues who are investigating in their own case. I worry that the victim of this case may be victimised to this ‘miscarriage of justice’ like victims of the previous cases.
The Government of Nepal has to fulfill its obligations under the Convention for the Rights of the Child, to which it is a state party, and to take the necessary measures in ensuring that such gross violations of the fundamental rights of children do not happen in future.
I therefore urge you to arrest those responsible who have fled with all your power and conduct impartial and thorough investigation into this matter. All responsible should be brought to the court without delay. If there is interference by other police or senior police officers, independent unit should be established to look into this case. As you are well aware of that the rape case is very sensitive matter and there would be possibility that the victim would get inhumane treatment while the investigation is going on. I demand you that the investigation team should be composed of female police officers with a psychologist in order for the victim to have a good environment to explain what she has undergone. Compensation including physical and psychological treatment should be given to the victim and her family. Rehabilitation programmes to integrate her into society without fear should also be provided as well.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com
3. Prime Minister Girija Prasad Koirala
Prime Minister’s office
Singha Durbar
Kathmandu, Nepal
Fax: + 977 142 27286
4. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np
5. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org
6. Police HR Cell
Human Rights Cell,
Nepal Police
Email: hrcell@nepalpolice.gov.np
7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
