Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning the alleged extra-judicial killing of 12-year old girl Kamala Shah by a member of the Nepalese army on June 23, 2007. The police have still not registered an FIR or begun investigating this serious incident, which is providing impunity to those responsible for Kamala Shahs death.
CASE DETAILS:
Kamala Shah had been living in a rented room for the last one and half years, around 100 meters from Bajradal Battalion, under the guardianship of army constable Mr. Atibal Pulami of Bajradal Battalion, Magdi district, and his wife Sita Pulami. Sita Pulami had taken Kamala with her when she went to Nepalgunj, in Banke district, to visit her elder sister. Kamala is the daughter of Sita Pulami’s elder sister’s relative. Kamalas family had agreed to send her to live with Sita Pulmai to improve her life, and she had been studying in grade 6 in a local school. At the time of the incident, Mr. Atibal Pulami, was in Kathmandu for training.
According to an eyewitness, Mr. Krishna Prasad Acharya, Kamala was washing her hands and face in a nearby tap after having eaten. Krishna Prasad Acharya was near the tap with his child. At around 9:45 am, on 23 June, 2007, and the army personnel who was in the Four Number Sentry Post some 20 to 25 metres away, Mr. Bhimsen Thapa of the Bajradal Battalion, Magdi district, opened fire on her for no apparent reason. Kamala was hit in the lower left cheek by the bullet, which exited from her right ear. Other eyewitnesses corroborate this version of events.
After the incident, locals requested some members of the army to rescue her, but the latter refused to taker action. According to Krishna Prasad Acharya, the army even told them not to worry for her health, even though she was soaked with blood and crying with pain and clearly in a critical condition. The villagers were helpless to help her they had no means of transportation with which to take her to the nearest hospital.
It was only some 25 to 30 minutes after the incident had taken place that the 4 or 5 army personnel that had arrived on the scene finally took action and carried the injured but still alive Kamala into the military barracks. They blocked any of the villagers, including her family members, from entering the barracks. Villagers staged protests from outside, calling for immediate action to be taken against the member of the army who had opened fire on Kamala.
It has been revealed that Kamala was then taken to the Magdi District Hospital for treatment, without informing her family. She was then transferred to Manipal Hospital, Pokhara and from there to Kathmandu for further treatment. According to the battalions Colonel Navajeevan Mahara, Kamala died on the way to Kathmandu while she was being transported there by helicopter. A post-mortem examination was carried out at TU Teaching Hospital in Maharajgunj, Kathmandu on June 26, 2006.
Following the incident, Kamala’s father, Bharat Jung Shah, tried to register a First Information Report (FIR) at the Metropolitan Police Circle, Balaju, Kathmandu, however the police authorities refused to register the FIR, stating that the incident did not take place in their locality. However, these authorities wrote a letter to the Magdi District Police Office (DPO) ordering them to register the case. On July 8, 2007, members of Nepalese NGO Advocacy Forum talked to Police Inspector Bir Bahadur Pulami of the Magdi DPO, regarding the FIR. The Police Inspector, who is in charge there now, in the absence of the Deputy Inspector of Police (DSP) said, “we have already received the letter from the Metropolitan Police Circle, Balaju, Kathmandu, however we are trying to meet the victims’ family before registering the case.” The police inspector also claimed that the army has started an investigation. The FIR, is still not registered and there are serious doubts concerning the veracity of claims that the army are investigating this case. Regardless of whether or not they are, this incident should be investigated by the police and anyone found responsible should be tried in a civilian court.
According to persons in the village in which this incident took place, three separate firing incidents by Bajradal Battalion sentry guards have taken place before. In August 2006, a shot was fired resulting in damage to one persons home. Separately, another shot resulted in damage to a grain storage facility. In another incident a shot was fired and nearly hit Mr. Binod Subedi. Kamala died as the result of a fourth such incident.
It is vital that the police conduct a full investigation into this incident, which tragically resulted in the death of 12-year old Kamala Shah, without obstruction or interference by the army, enabling those found responsible to be tried in a civilian court. In order for this to occur, the FIR must be registered by the police without further delay or excuses. The authorities can send an important message that they no longer tolerate impunity by taking appropriate action concerning this case.
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SAMPLE LETTER
Dear ___________,
NEPAL: Army shoots and kills 12-year old girl
Name of victim: Kamala Shah
Alleged perpetrator: Mr. Bhimsen Thapa, a member of the Bajradal Battalion, Nepal Army
Place of incident: Bajradal Battalion Four Number Sentry Post, Magdi district
Date of incident: June 23, 2007
I am writing to express my grave concern with regard to a case of extra-judicial killing of a 12-year old girl, Kamala Shah, by a member of the Nepalese army on June 23, 2007 and the subsequent lack of investigation on the part of the police.
Kamala Shah had been living in a rented room for the last one and half years, around 100 meters from Bajradal Battalion, under the guardianship of army constable Mr. Atibal Pulami of Bajradal Battalion, Magdi district, and his wife Sita Pulami. Sita Pulami had taken Kamala with her when she went to Nepalgunj, in Banke district, to visit her elder sister. Kamala is the daughter of Sita Pulami’s elder sister’s relative. Kamalas family had agreed to send her to live with Sita Pulmai to improve her life, and she had been studying in grade 6 in a local school. At the time of the incident, Mr. Atibal Pulami, was in Kathmandu for training.
According to an eyewitness, Mr. Krishna Prasad Acharya, Kamala was washing her hands and face in a nearby tap after having eaten. Krishna Prasad Acharya was near the tap with his child. At around 9:45 am, on 23 June, 2007, and the army personnel who was in the Four Number Sentry Post some 20 to 25 metres away, Mr. Bhimsen Thapa of the Bajradal Battalion, Magdi district, opened fire on her for no apparent reason. Kamala was hit in the lower left cheek by the bullet, which exited from her right ear. Other eyewitnesses corroborate this version of events.
After the incident, locals requested some members of the army to rescue her, but the latter refused to taker action. According to Krishna Prasad Acharya, the army even told them not to worry for her health, even though she was soaked with blood and crying with pain and clearly in a critical condition. The villagers were helpless to help her they had no means of transportation with which to take her to the nearest hospital.
It was only some 25 to 30 minutes after the incident had taken place that the 4 or 5 army personnel that had arrived on the scene finally took action and carried the injured but still alive Kamala into the military barracks. They blocked any of the villagers, including her family members, from entering the barracks. Villagers staged protests from outside, calling for immediate action to be taken against the member of the army who had opened fire on Kamala.
It has been revealed that Kamala was then taken to the Magdi District Hospital for treatment, without informing her family. She was then transferred to Manipal Hospital, Pokhara and from there to Kathmandu for further treatment. According to the battalions Colonel Navajeevan Mahara, Kamala died on the way to Kathmandu while she was being transported there by helicopter. A post-mortem examination was carried out at TU Teaching Hospital in Maharajgunj, Kathmandu on June 26, 2006.
Following the incident, Kamala’s father, Bharat Jung Shah, tried to register a First Information Report (FIR) at the Metropolitan Police Circle, Balaju, Kathmandu, however the police authorities refused to register the FIR, stating that the incident did not take place in their locality. However, these authorities wrote a letter to the Magdi District Police Office (DPO) ordering them to register the case. On July 8, 2007, members of Nepalese NGO Advocacy Forum talked to Police Inspector Bir Bahadur Pulami of the Magdi DPO, regarding the FIR. The Police Inspector, who is in charge there now, in the absence of the Deputy Inspector of Police (DSP) said, “we have already received the letter from the Metropolitan Police Circle, Balaju, Kathmandu, however we are trying to meet the victims’ family before registering the case.” The police inspector also claimed that the army has started an investigation. The FIR, is still not registered and there are serious doubts concerning the veracity of claims that the army are investigating this case. Regardless of whether or not they are, this incident should be investigated by the police and anyone found responsible should be tried in a civilian court.
According to persons in the village in which this incident took place, three separate firing incidents by Bajradal Battalion sentry guards have taken place before. In August 2006, a shot was fired resulting in damage to one persons home. Separately, another shot resulted in damage to a grain storage facility. In another incident a shot was fired and nearly hit Mr. Binod Subedi. Kamala died as the result of a fourth such incident.
I strongly urge you take all measures necessary to ensure that the police conduct a full investigation into this incident, which tragically resulted in the death of 12-year old Kamala Shah, without obstruction or interference by the army, enabling those found responsible to be tried in a civilian court. In order for this to occur, the FIR must be registered by the police without further delay or excuses. The authorities can send an important message that they no longer tolerate impunity by taking appropriate action concerning this case.
I look forward to your prompt intervention into this matter as a matter of urgency.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np
2. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attnoney@mos.com.np
3. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
5. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np
6. Bi.Pra.Bha.Do. General Rookmangud Katawal
Chief of the Army Staff of the Nepal Army (NA)
Army Headquarters
Bhadrakali, Kathmandu
Kathmandu
Nepal
Fax: +977 4 269624
Email: dpr@nepalarmy.mil.np
7. Jag. Brigadier General Mr. Birendra Prasad Aryal
Human Rights Directorate
Nepal Army Headquarter
Bhadrakali, Kathmandu
NEPAL
Fax: +977 1 4245020
Email: na_humanrights@yahoo.com or humanrights@nepalarmy.mil.np
8. Professor Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Thank you
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
