NEPAL: Kavrepalanchowk Police allegedly denied receiving complaint from widow whose husband abducted and killed by Maoists

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that one woman was denied to file First Information Report (FIR) the District Police Office and the District Administration Office, Kavrepalanchowk district. The district police authority did not receive the FIR whereas the authority of district administration office tried to take their duty over to the Truth and Reconciliation Commission which has yet not been established.

CASE DETAILS:

Purnamaya Lama is a bereaved widow, whose husband was abducted by Maoists on 29 April 2005 and later killed.

On 28 June 2007, Purnamaya went to the District Police Office (DPO), Kavrepalanchowk district, to register a First Information Report (FIR) on behalf of her deceased husband assisted by lawyers from the Advocacy Forum. However, the Deputy Superintendent of Police (DSP) of the DPO, Mr. Mahendra Pokhrel, neither registered nor endorsed the FIR. On the same day, Purnamaya went to the District Administration Office of the same district, where the deputy Chief District Officer (CDO) also refused to register the FIR, stating that the newly appointed CDO had not arrived at the office.

On 5 July 2007, Purnamaya went to the DPO in the district with lawyers from the Advocacy Forum but the DSP once again denied registering the FIR. Subsequently, Purnamaya visited again the District Administration Office of the district and CDO, Mr. Kabi Raj Khanal, called Purnamaya and assured that he would register the FIR on 8 July 2007.

On 8 July 2007, the CDO endorsed the FIR. However, the letter given by the District Administration Office reads, “..the details of the incident does not have any proof and such cases cab be investigated under the Article 33 (s) of the Interim Constitution of Nepal 2007.” Article 33(s) reads, the State shall have the responsibility “to constitute a high-level Truth and Reconciliation Commission to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict, and create an atmosphere of reconciliation in the society.” However, as yet, no high-level Truth and Reconciliation Commission has been set up to investigate such cases of the past.

This is not the first incident where the Nepalese Police have been reluctant to file an FIR and thereby obstruct proper investigation into a case (For details, please see: UA-145-2007 and UA-070-2007). The relevant police officials have violated their duty to be responsible for cases presented to them and to take immediate, effective and impartial investigations.

The attempt by the CDO, Mr. Kabi Raj Khanal, and the District Administration Office to defer responsibility by referring the case to be dealt with under Article 33 (s) was nothing more than an attempt to deny justice through a loophole. There is nothing in the Interim Constitution of Nepal 2007 to suggest that the right to seek redress from a Truth and Reconciliation Commission negated the right to call on police intervention in a crime. The Commission in question has not yet even been formed. Purnamaya’s husband’s case concerned abduction and murder, which falls under crime in the general law of Nepal, and hence is under the responsibility of the police. Under no circumstances should the police officials resort to such a loophole to avoid their duties to this case.

BACKGROUND INFORMATION:

Purnamaya Lama’s deceased husband, Arjun Bahadur Lama, resident of Chhatrebas VDC-5, Kavre district was abducted by three Maoists on 29 April 2005 while he was attending a meeting at Krishna Secondary School, Kavre, where about 100 people including school teachers and villagers were present. On the day, he was elected as a chairperson of the School Management Committee.

Without warning, three Maoists namely Mr. Yadav Poudel, Bhola Aryal and Karnakhar Gautam arrived at the school. They met Mr. Lama and told him that they had some inquiries with him. Then, the Maoists took Mr. Lama away with them.

Some locals later revealed that Mr. Lama was taken to some places in the Kavre district including Mangaltar, Budhakhani, Ghartichhap, Foxingtar and Gokule. It was also learned that he was recruited into the Maoists’ armed militia for armed training at Budhanikhani VDC in the first week of July in 2005. The locals stated that Mr. Lama was finally handed over to the central committee member, Agni Sapkota, for the further investigation, one week after he had been recruited to the armed training.

However, it was learned that Mr. Lama was killed and then his body was found buried at Charkilla of Budhakhani VDC in the Kavre district under the instruction of Agni Sapkota.

After the abduction of Mr. Lama, his family members visited the Maoist members time and again to ask his whereabouts, but each time the Maoists escaped without giving a response. However, on 17 December 2005, one of the perpetrators named Suryaman Dong held a press conference with journalists and human rights defenders at Pinthali of Mangaltar VDC, Kavre district. In the conference, he said that Mr. Lama was killed in the aerial bombing of Nepal army at Ghartichhap while he was under the control of the central committee member of Maoists affiliated with Tamang Mukti Morcha, Mr. Norbu Moktan, and a platoon commander of Bashu Smriti Brigade, Mr. Bashu. However, the locals’ statement contradicts with this statement given at the press conference.

On 3 May 2005, the family members of Mr. Lama registered a complaint (regd. No. 2907) at the National Human Rights Commission in fear for Mr. Lama’s life. Similarly, on 17 January 2007, the family members also registered an application to the NHRC for the medical examination of Mr. Lama’s dead body. NHRC has documented the case however it has not published its final decision yet.

The Maoists who are allegedly involved in the killing are identified as follows:
1. Yadav Poudel alias Rakki, 27, resident of Puranagaun VDC-8, Kavre district
2. Bhola Aryal, 26, resident of Mutharapati VDC-3,  Kavre district
3. Karnakhar Gautam alias Shyam, 38, resident of Pokharichauri VDC-8, Kavre district 
4. Agni Sapkota, 38, Maoist’s central committee member, resident of Sindhupalchowk district
5. Suryaman Dong alias Laldhowj, the then District Secretary of Maoists, Kavre district
6. Norbu Moktan, resident of Machhe VDC- 9, Kavre district

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.

Despite the taking place of this peace agreement, actions must be put in place for wrongs of the past, such as, at least 13,000 people were killed in the conflict between 1996 and 2006. 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.

According to the Article 33(s) of the Interim Constitution of Nepal 2007 stipulated for a Truth and Reconciliation Commission to be constituted to deal with such crimes. Although this is a step in the right direction, the Commission has still yet to be formed and no cases have been investigated to date. Even worse is that the Commission in Article 33(s) is being used as a loophole and an excuse for unresponsive police officials who refuse to investigate certain cases.

SUGGESTED ACTION:
Please write to the below authorities and urge them to allow Purnamaya to register a FIR on her husband’s case and also to discipline the police officials concerned if the allegations against them are proven to be true. Please also demand them to establish the Truth and Reconciliation Commission without delay to investigate the past human rights violation during the conflict.

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