NEPAL: 24-year-old man allegedly tortured to death by Maoists 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-311-2006
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the alleged abduction, brutal torture and murder of a 24-year-old man, Mr. Santa Bahadur BK, by unidentified members of the Communist Party of Nepal (Maoist), in Ishaneshor Village Development Committee (VDC)-1 in Lamjung District, on the 6th September 2006. Despite the assurances of the Maoist Chief of the Lamjung District to bring the alleged culprits to justice, Santa Bahadur’s murderers are still at large.

According to the information we have received, Santa Bahadur was at home with his family at the time of his abduction at 6:30pm on September 6th. His abductors, two yet unidentified members of the Communist Party of Nepal (Maoist), told him that they required his assistance on a “small job”. Santa Bahadur was then taken to the nearby home of an elderly resident of Ishaneshor; soon thereafter, over 40 Maoists gathered at the home, and accused Santa Bahadur of having committed a theft in the village.

The Maoists then reportedly bound Santa Bahadur’s hands and feet, and severely beat him with sticks; he suffered serious injuries to his back, legs, hands and most other parts of his body.

When by the next evening (September 7th), there was still no word of Santa Bahadur, around 300 local villagers gathered at the home as a sign of protest. The villagers did not believe the charges brought against him by the Maoists, and broke down the door to rescue him. By that time, Santa Bahadur’s torturers had fled the scene; bar one, who was guarding the room in which Mr. Santa Bahadur’s dead body was found.

Following Santa Bahadur’s death, the Maoist Chief of the Lamjung District has assured that those responsible for Santa Bahadur’s torture and murder would be brought to justice; but as yet, no investigation has been conducted, nor has any action been taken against the perpetrators.

BACKGROUND INFORMATION:

Unfortunately, Santa Bahadur’s case is not an exception, but rather one in an endless chain of crimes committed by Nepalese government security forces and Maoist groups. The conflict between the Nepalese government and Maoist armed groups has been raging since 1996. In a rapidly deteriorating internal security situation, Nepal has amongst the highest records of human rights violations in the world, particularly in recent years; notably torture, extra-judicial executions and disappearances, committed by both parties in the conflict.

Despite the overturning of King Gyanendra’s coup- first staged on 1st February 2006- in April of this year, and the slow but sure beginnings of the democratic- and peace-building processes in Nepal, serious violations of fundamental human rights by both parties continue to go unpunished. While it is vital to bring an end to all hostilities under a unitary ceasefire agreement, just as important, is the need to achieve justice and redress for victims of torture, extra-judicial killings, disappearances and other human rights abuses. This must not be lost sight of in the struggle for long term stability; nor should it be sacrificed for short-term political gain. All sides involved in the conflict must be wholly committed to all peace-making endeavours in Nepal.

Therefore, the new civilian government must take the necessary measures in establishing and enforcing a much stricter code of discipline among the security forces, in order to bring an end to the gross atrocities previously committed by them. The recent appointment of the newly established government of Army Lieutenant General Rukmangat Katuwal- who stands accused of a plethora of human rights crimes- as Army Chief of Staff of Nepal is a cause for serious humanitarian concern (See further: AS-214-2006 and AS-203-2006). Political pressure must also be applied on the CPN (Maoist), in ensuring an end to the string of human rights atrocities committed by them, and also in ensuring that all guilty perpetrators (including of past unpunished crimes) will be held accountable. Otherwise, the future stability of the country remains precarious.

SUGGESTED ACTION:
Please write to the authorities listed below, expressing your grave concern and ethical denunciation of the abduction, torture and murder of Santa Bahadur, as well as the ongoing series of human rights violations committed by members of the CPN (Maoist). Please urge both parties to show greater dedication and take greater steps in ending Nepal’s ongoing track-record of endless inhumanities.

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SAMPLE LETTER

Dear __________,

NEPAL: An alleged abduction and murder of Mr. Santa Bahadur of Ishaneshor, Lamjung District, by Maoists

Name of victim: Mr. Santa Bahadur BK, resident of Ishaneshor VDC-1, Lamjung District, Nepal.
Name of alleged perpetrators: Unidentified members of the Communist Party of Nepal (Maoist)  
Date of incident: 6th September 2006.
Place of incident: Abducted from the victim's house and tortured to death in nearby house in Ishaneshor VDC-1, Lamjung District

I am writing to voice my deep concern regarding the abduction and brutal murder of Mr. Santa Bahadur BK by unidentified members of the Maoist Communist Party on 6th September 2006.

Santa Bahadur was abducted from his home at 6:30pm by two yet unidentified Maoists, and then taken to the nearby home of an elderly resident of Ishaneshor. Soon thereafter, over 40 Maoists reportedly gathered at the home, and accused Santa Bahadur of having committed a theft in the village. The next evening (September 7th), around 300 local villagers forcibly entered into the house where the victim was detained, and found Santa Bahadur's dead body in a back room. According to witnesses, serious bruising and injuries were found on the victim's back, legs, hands and most other parts of his body. By that time, Santa Bahadur's torturers had fled the scene; bar one, who was guarding the room.

I have also been informed that despite the assurances of the Maoist Chief of the Lamjung District to bring the alleged culprits to justice, Santa Bahadur’s murderers are still at large. In addition, I have not received any information of an official government investigation into this incident. I am deeply disturbed by this total absence of justice and application of proper legal procedure, as I am by the cold and callous brutality of the crime itself.

As a state party to the International Covenant on Civil and Political Rights, it is the primary responsibility of the Nepalese Government to protect the civil and political rights of its citizens, and to pursue redress and retribution when those rights are violated. I therefore request you to immediately inquire about this incident and ensure that those responsible are brought to justice without delay.

I understand that even though King Gyanendra's coup- first staged on 1st February 2006- was brought to an end in April of this year, and there have been slow but sure beginnings to the democratic- and peace-building processes in Nepal, gross violations of fundamental human rights continue to be committed by all parties in the conflict. I believe that without providing justice and redress for the victims of torture, forced disappearances and other abuses, the future stability of Nepal will remain a fragile prospect.

I therefore strongly urge both the Nepalese government and the Maoist Communist Party to take all necessary steps in establishing and enforcing a much stricter code of discipline among their forces in ending the current chain of gross inhumanities, and also in ensuring that all perpetrators of human rights violations- past, present and future- are brought to justice.

I look forward to your prompt and effective response in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

1. Mr. Krishna Sitaula 
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np

2. Mr. Yagya Murti Banjade 
Attorney General 
Office of Attorney General
Ramshahpath, Kathmandu 
NEPAL
Fax: +977 1 4262582 
Email: rewtrp@hotmail.com

3. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission 
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org

4. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593 
Email: arghakhanchi@nepalpolice.gov.np

5. Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, 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 (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-311-2006
Countries : Nepal,
Issues : Torture,