Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning the forced disappearance of Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal. Des Raj Chauhan was reportedly arrested by three plainclothes security personnel from Area Police Station, Kohalpur, Banke district on October 31, 2006 at around 4:30 pm. The plainclothes men allegedly told Des Raj Chauhan that he had been summoned by the man in charge of the local Maoists Area, called Bishow. However, after his arrest, Des Raj Chauhan was taken to the Area Police Station Kohalpur. Since this time his whereabouts remain unknown. There are serious concerns for Des Raj Chauhan’s personal integrity.
The victim’s mother, Munni Chauhan, was taken to the police station by two police officers on November 1, 2006, but has stated that she returned home alone. The Police Inspector of the Kohalpur Area Police Station, Bed Raj Khanal, has claimed that Des Raj Chauhan was released on the second day of his arrest in the presence of his mother, but she has denied the claim. The Police Inspector further claimed that Des Raj Chauhan had been arrested on November 1, and released the next day, but his family insists that he had been arrested on October 31 and had not been released since then. Police Inspector Bed Raj Khanal had reportedly prepared a written document and Munni Chauhan was made to sign it without being allowed to read its contents, before being sent home. She claims that the police had sent her home saying that Des Raj Chauhan would be released after some inquiries regarding his citizenship, as he does not have Nepali citizenship. Des Raj Chauhan’s family moved to Ganpur VDC, Nepal from India some 15 year earlier.
On November 2, 2006, Des Raj Chauhan’s relative, Ghanashyam Loniya, and Nepal Trade Union member Akbar Khan reportedly went to the Kohalpur Area Police Station to collect information about Des Raj Chauhan. In addition, on the same day, his father accompanied by other local persons went to police station to ascertain Des Raj Chauhan’s whereabouts and personal integrity. In both cases the police officers again told the visiting persons that Des Raj Chauhan had been released. The security forces even reportedly suggested that they go to the Banke District Police Office to collect more information.
A team of local human rights organizations, including Advocacy Forum, visited the Area Police Station and met with Police Inspector Bed Raj Khanal. He repeated the claim that Des Raj Chauhan had been already released in the presence of his mother. He added that he had been arrested for being drunk and behaving violently at Piprahawa Chock, Banke district. The team was also able to see the certificate allegedly produced as the result of a medical examination conducted on the victim, reportedly to verify if he was indeed under the influence of alcohol. However, there are concerns as to its veracity, as there was no signature by a doctor or stamp from the hospital, meaning that it is potentially a falsified document.
On November 6, 2006, the victims mother registered a complaint at the District Police Office, calling for her son’s whereabouts to be disclosed. The complaint was registered under registration number 4361.
There are serious concerns for the physical and psychological integrity of Des Raj Chauhan. Nepal has amongst the worst records for forced disappearance throughout the world in recent years, with many of the disappeared never resurfacing. It is imperative that the authorities immediately locate the whereabouts of Des Raj Chauhan and release him in the absence of any valid legal charges against him. If such charges exist, he should be granted access to family members, medical assistance and legal representation, and promptly brought to trial before an impartial court, in line with the international standards of fair trail. Investigations into his forced disappearance, and any ill-treatment that he may have suffered, need to be launched immediately, with the perpetrators of these acts being brought to justice and sentenced in line with international standards for their crimes. Adequate reparation should also be provided to the victim and his family.
SUGGESTED ACTION:
The AHRC is seriously concerned by this case of forced disappearance and urges you to write to the authorities for them to take immediate action in this case. Despite positive changes in Nepal in the last year, the continuing use of forced disappearance is a serious concern. Nepal has been the scene of grave human rights violations, notably forced disappearances, over recent years and there is both a need and an opportunity at this time to bring an end to such practices.
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SAMPLE LETTER
Dear___________,
NEPAL: Forced disappearance of Des Raj Chauhan by members of the security forces
Name of victim: Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal.
Alleged perpetrators: members of the Area Police Station, Kohalpur, Banke district
Place of incident: Arrest in Piprahawa Chock, Ganpur VDC-6, Banke district and detention/disappearance in Kohalpur, Banke district
Date of incident: October 31, 2006 at around 4:30 pm
I am gravely concerned by information that I have received concerning the forced disappearance of Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal. Des Raj Chauhan was reportedly arrested by three plainclothes security personnel from Area Police Station, Kohalpur, Banke district on October 31, 2006 at around 4:30 pm. The plainclothes men allegedly told Des Raj Chauhan that he had been summoned by the man in charge of the local Maoists Area, called Bishow. However, after his arrest, Des Raj Chauhan was taken to the Area Police Station Kohalpur. Since this time his whereabouts remain unknown. There are serious concerns for Des Raj Chauhan’s personal integrity.
The victim’s mother, Munni Chauhan, was taken to the police station by two police officers on November 1, 2006, but has stated that she returned home alone. The Police Inspector of the Kohalpur Area Police Station, Bed Raj Khanal, has claimed that Des Raj Chauhan was released on the second day of his arrest in the presence of his mother, but she has denied the claim. The Police Inspector further claimed that Des Raj Chauhan had been arrested on November 1, and released the next day, but his family insists that he had been arrested on October 31 and had not been released since then. Police Inspector Bed Raj Khanal had reportedly prepared a written document and Munni Chauhan was made to sign it without being allowed to read its contents, before being sent home. She claims that the police had sent her home saying that Des Raj Chauhan would be released after some inquiries regarding his citizenship, as he does not have Nepali citizenship. Des Raj Chauhan’s family moved to Ganpur VDC, Nepal from India some 15 year earlier.
On November 2, 2006, Des Raj Chauhan’s relative, Ghanashyam Loniya, and Nepal Trade Union member Akbar Khan reportedly went to the Kohalpur Area Police Station to collect information about Des Raj Chauhan. In addition, on the same day, his father accompanied by other local persons went to police station to ascertain Des Raj Chauhan’s whereabouts and personal integrity. In both cases the police officers again told the visiting persons that Des Raj Chauhan had been released. The security forces even reportedly suggested that they go to the Banke District Police Office to collect more information.
A team of local human rights organizations, including Advocacy Forum, visited the Area Police Station and met with Police Inspector Bed Raj Khanal. He repeated the claim that Des Raj Chauhan had been already released in the presence of his mother. He added that he had been arrested for being drunk and behaving violently at Piprahawa Chock, Banke district. The team was also able to see the certificate allegedly produced as the result of a medical examination conducted on the victim, reportedly to verify if he was indeed under the influence of alcohol. However, there are concerns as to its veracity, as there was no signature by a doctor or stamp from the hospital, meaning that it is potentially a falsified document.
On November 6, 2006, the victims mother registered a complaint at the District Police Office, calling for her son’s whereabouts to be disclosed. The complaint was registered under registration number 4361.
I am seriously concerned about the risks to Des Raj Chauhan’s physical and psychological integrity. Nepal has amongst the worst records for forced disappearance throughout the world in recent years, with many of the disappeared never having resurfaced. I urge you to ensure that Des Raj Chauhan’s whereabouts are immediately located and that he is released in the absence of any valid legal charges against him. If such charges exist, he should be granted access to family members, medical assistance and legal representation, and promptly brought to trial before an impartial court, in line with the international standards of fair trail. Investigations into his forced disappearance, and any ill-treatment that he may have suffered, need to be launched immediately, with the perpetrators of these acts being brought to justice and sentenced in line with international standards for their crimes. Adequate reparation should also be provided to the victim and his family.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Prime Minister Girija Prasad Koirala
Prime Minister’s office
Singha Durbar
Kathmandu, Nepal
Fax: + 977 142 27286
2. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Katmandu
NEPAL
Fax: +977 1 4211286
Email: homehmg@wlink.com.np
3. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Fax: +977 1 4262582
Email: rewtrp@hotmail.com
4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
Email: complaints@nhrcnepal.org / nhrc@nhrcnepal.org
5. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Katmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
6. Police HR Cell
Human Rights Cell,
Nepal Police
Email: hrcell@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
