NEPAL: Yet another person reported missing and feared killed by security forces 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a person was taken into custody by the security forces in Nepal and since arrest his whereabouts are not known and that the person is feared to be murdered in custody. Advocacy Forum, the local partner of the AHRC has informed us that Mr. Laxmi Prasad Acharya, a local farmer aged 36 years was taken into custody by plain cloths military officers on 23 December 2005 from Garpan Village Development Council – 3, of Surkhet District. Since arrest his whereabouts are not known and the officers responsible for the arrest from Rata Nangla Security Base Camp has failed to provide any credible information as regard to what happened to the detainee since arrest. The locals who witnessed the arrest and the family members fear that the victim has died in custody and the army has disposed off the body to avoid any inquiry.

The AHRC has been in the past continuously pleading to the international community to intervene since the cases of extra judicial killing and disappearances are on an increase in Nepal. We urge your strong intervention in this case. The authorities in Nepal must guarantee that disappearances in Nepal will be immediately put to an end.

A thorough and impartial inquiry must be initiated into the incident and all those who are responsible in this case must be brought to justice.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Mr. Laxmi Prasad Acharya, aged 36 years, residing at Garpan VDC – 3, Kharka Surket District, Nepal
Date and place of incident: 23 December 2005 at about 4 pm near Dhrampokhara
Alleged perpetrators: Group of 8 – 10 plain cloths army men from Rata Nangla Security Base Camp, Surkhet District, Nepal

Case details:

On 23 December 2005, Mr. Laxmi Prasad Acharya went to Dhrampokhara to participate in the inauguration of a newly constructed village road. The locals had constructed the road for which they had elected Mr. Acharya as the Secretary of the road construction committee. However, there is also an allegation that the construction of the road was supported by the Maoist group.

When Mr. Acharya did not return home after the ceremony, his wife was concerned and went to Dhrampokhara inquiring about her husband. Only then she came to know from the statements of the locals that Acharya was taken into custody by military officers in plain cloths at about 4 pm. Two eyewitnesses (names not disclosed due to concern of security) informed Acharya’s wife that her husband was taken into custody from in front of a local shop and that they did not know where he was taken by the army officers. The eyewitnesses also informed Acharya’s wife that they were tortured by the army officers while they prevented the arrest. Acharya’s family concerned about Acharya also went to the Rata Nangla Security Base Camp inquiring about Acharya, for which they were not provided any information. It is feared that Acharya is murdered in custody and that the army has disposed off his body so as to prevent any inquiry into the incident.

Thousands of disappearances have been reported from Nepal since the ‘Royal takeover’ in February this year. Majority of such cases fail to be investigated on the ground that the Royal Nepal Army (RNA) is beyond the reach of any domestic law of Nepal. The witnesses and the family members of the disappeared are also afraid to lodge any complaint in cases of disappearances since in many cases they fear reparations from the RNA. The local police also fear the security forces, particularly members from the RNA. There is a complete absence of any investigative procedures regarding issues of violations committed by the RNA. The existing procedures within the army’s Code of Conduct lack the basic minimum guarantee of impartiality and transparency. There is no existing witness protection programme in Nepal. The domestic mechanism like the courts, National Human Rights Commission, local non-governmental organisations and even the Office of the United Nations in Katmandu, which is responsible for persuading the Royal Nepal Government to observe the basic minimum guarantee of human rights standards doesn’t serve even the purpose of scare crows in Nepal as of now given the escalated reported instances of human rights violations committed by the RNA and joint security forces in Nepal.

The AHRC condemns the act of the RNA and the Security Forces in Nepal which has resulted in huge number of loss of life within Nepal and which also has resulted in mass exodus of ordinary Nepalese from Nepal to neighboring countries and even across the high seas. The AHRC equally condemns the detached attitude of the international community as to what is happening and continuously reported from Nepal.

SUGGESTED ACTION:

Please send letters to the concerned government agencies in Nepal and raise your concerns on this matter.

 

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