NEPAL: Man forcibly disappeared and another severely tortured by the Young Communist League affiliated to the Maoists

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two cases relating to torture and abduction allegedly committed by the Young Communist League (YCL) which was affiliated to the Communist Party of Nepal (Maoists) (CPN (M)). After the Comprehensive Peace Agreement between the Government of Nepal and CPN (M) on 21 November 2006, the CPN (M) has been involved in the interim government since 1 April 2007. Even though this interim government means cornerstone of Nepal’s history, the AHRC is still concerned continuing abduction and torture. As official parties to the interim government, they have 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 every effort to end such alleged violation committed by the YCL and bring the peace in the country.

CASE DETAILS:

CASE 1:

Around 11am on 5 July 2007, Mr. Prakash Thakuri, 43, a resident of Mahendranagar Municipality ward No. 1 in the Kanchanpur District, was abducted by members of the Maoist-affiliated YCL. According to Mrs. Janaki Thakuri, Mr. Thakuri’s wife, approximately 10 members of YCL entered their home, asking for the whereabouts of her husband. They did not believe her when she responded that Mr. Thankuri was not at home, and they searched the entire house. According to Mr. Thakuri’s 14-year-old son, at least one of the members had a pistol in his pocket. Unable to find him, the YCL members looked for him at the house of Mr. Dill Bahadur Kadayat, Mr. Thakuri’s neighbor. However, he was not there either.

Then the YCL members proceeded to ask the locals for information which led them to the house of Shiv Raj Rana in Suda Village Development Committee ward No. 1 in the same district. There they found Mr. Thakuri and allegedly tied his hands behind his back and slapped him on the cheek. Then they sat him on a motorcycle between two YCL members and drove off while Mrs. Thakuri stood by helplessly.

Mrs. Thakuri has said that 15 to 20 days prior to the abduction, she saw Mr. Pom Lal Sharma, owner of a medical shop in Mahendranagar and a member of the YCL who told her that the YCL was searching for her husband. When she recognized Mr. Bhandari as one in the group of abductors, she knew that it was the YCL abducting her husband.

Mr. Thakuri was a supporter of King Gynendra and actively worked after the Royal Takeover on 1 February 2005. He is also a central committee member of the Federation of Nepalese Journalists (FNJ). It is known that some days before his abduction, some Maoists had also searched for him in local homes. However, they could not find him, because he was staying in Kathmandu until only 5 days before the incident occurred.

Mr. Thakuri’s family members have spoken to local Maoist leaders about his abduction but these leaders only denied the abduction. On 8 July, his family informed the District Police Office in the Kanchanpur District about the incident, and the police subsequently arrested YCL member Mr. Pom Lal Sharma for investigation that same day. Mr. Sharma is still under investigation. However, Mrs. Janaki Thakuri, as the victim’s family member has been denied to be involved in getting any information and Mr. Thakuri’s whereabouts remains still unknown.

CASE 2:

On 8 July 2007, Mr. Ram Prasad Rana, resident of Daiji Village Deveopment Committee-6, Jadepani, Kanchanpur District, was abducted by members of the YCL. He was allegedly taken to the YCL office, located in Sisiya, Kanchanpur, where his hands and legs were tied and he was severely beaten with sticks from 10am to 3pm on the following day, 9 July. He was also beaten on the night of 9 July before he was rescued by a team of police from the District Police Office in Kanchanpur around 11am the next day, 10 July. He was admitted into the Mahakali Zonal Hospital of Kanchanpur, where he still lies in Bed No. 1of the male ward. His body is severely bruised.

Mr. Ram Prasad Rana used to work for the Royal Nepal Army before moving in 2004 to Banglor, India, where he worked at a private production company. During this time, Mr. Ram Prasad and Mr. Uddhat Singh Bista, a Kanchanpur local and a core member of the YCL, used to work in the same locality in India. When they worked there, Mr. Bista allegedly threatened to kill Mr. Ram Prasad accusing him of mishandling the company funds which Mr. Ram Prasad denied. Mr. Ram Prasad returned Nepal in 2005. It was later known that Mr. Bista had given an application to YCL against Mr. Ram Prasad. A member of YCL called Mr. Ram Prasad at the home of Area Commander Mr. Laptan Rana on July 7 but Mr. Ram Prasad did not go there. Consequently some members of YCL came and took Mr. Ram Prasad to the YCL office located at Sisiya, Kanchanpur. Mr. Laptan Rana with some members of YCL tortured him. No investigation has been conducted as of now and furthermore, the YCL has threatened Mr. Ram Prasad to beat his younger brother who is currently working for the Nepal Army.

BACKGROUND INFORMATION:

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. (For details, please see UA-134-2007)

According to the 7.1.4 of Comprehensive Peace Agreement between the government of Nepal and the Maoists, “Both sides would not be involved in the acts of torture; kidnapping; and forcing the civilians in any work and take necessary action to discourage such acts”. 5.2.6 of the Agreement also says, “Both sides pledge to abandon all types of war, attack, counter-attack, violence and counter-violence in the country with a commitment to ensure loktantra, peace and forward-looking change in the Nepali society. It is also agreed that both the sides would assist one another in the establishment of peace and maintaining of law and order.”

The AHRC urges the representatives of Maoists in the interim government to end such alleged violations committed by the YCL affiliated to CPN (M), which was established 3 month ago and bring the peace in the country.

SUGGESTED ACTION:
Please write to the relevant authorities listed below demanding their urgent intervention into these cases.

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