Dear friends,
The Asian Human Rights Commission (AHRC) deeply regrets to inform you about the case of two women from Surkhet district in Nepal who were raped by the two Nepal Armed Force security officers, and the fact that no proper investigation into the case has been conducted. One of the arrested alleged perpetrators have denied the fact that they committed rape of these two women. The AHRC raises attention to this case and calls for a proper and fair investigation to be conducted by the local police.
CASE DETAILS:
According to the information we have received, on 9 November 2006 at around 8:00pm, two security personnel of Armed Police Force, Chakra Bahadur and Padam Bahadur, came to the house of Ms. J.S (an initial of the victim’s name was only mentioned to safeguard her identity) in Kunathari Village Development Committee (VDC) in Surkhet district. They asked Ms. J.S. who was working in the kitchen that whether there was any liquor in her house. Ms. J.S. replied that they had none but these two Armed Police Force officers seemed not to care about her answer.
Miss. B.S. (an initial of the victim’s name was only mentioned to safeguard her identity), a daughter of Ms. J.S., was sitting in the corridor of the home and she was in her menstruation period. After questioning about the liquor, Padam Bahadur entered the kitchen and Chakra Bahadur approached the daughter. Both of these men were already drunk at the time, and they eventually started misbehave in front of the mother and a daughter. Soon they allegedly started to behave in a rude manner to these women. They then grabbed the daughter and the mother and brutally raped them.
The victims kept crying and tried to escape from these men’s brutal action, however they could not get any helps until Ms. J.S.’s husband came back home. Soon after the husband came back home, the two rape perpetrators fled from the house quickly.
Some local villagers who heard about the incident came to the victims’ house shortly after the incident. The locals and the family members of the victims had searched for the perpetrators throughout the village and they found Chakra Bahadur who was hiding at his sister’s house in Kunathari VDC-7, Surkhet district. The other perpetrator was not found that time.
On the morning of the next day on November 10, the local people went to the District Police Office (DPO) in Surkhet district to lodge complaint of the rape. A few hours later on that day, the security forces went to Baddichaur in Surkhet district, which is nearby of the victim’s house and took Chakra Bahadur to the police office. Ms. J.S. along with security forces and some of her family members went to the district police office and made a report about her case in her own words. However her case was filed as First Information Report (FIR) only on November 16 against the two perpetrators.
The AHRC has also been reported that the medical check for the two female victims have not been conducted until now due to police inaction. On the contrary, the district police officers dealing with this case allegedly said that the medical examination is not necessary for the investigation of this case. Strangely, the victim’s family was not informed about this. According to the information we have received, the police investigators had collected the victims’ under garments and they sent Chakra Bahadur, one of the perpetrators to the district hospital in Surkhet for medical examination.
Chakra Bahadur who now is in police custody at the district police officer in Surkhet admitted that he had caught Miss. B.S. by her breast of but denied raping her. Moreover, Chakra said that he did not know anything about what his companion, Padam Bahadur did to the mother in the kitchen.
It has been reported that the police have not been actively conducting an investigation into the case and the search of the other perpetrator Padam Bahadur. The AHRC condemns that the reluctant attitude of the district police officers as it is not appropriate for the alleged victims. Such police behaviour apparently tolerates brutal violence against women including rape. Moreover, it would also tolerate the impunity of the government officials at any levels including security forces which would thus accelerate the corruption in the police and other authorities. We also demand the local police and judiciary act in accordance with the victims’ rights to access all legal remedies so that they will not be diminished by state officials.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below and urge them to bring the two perpetrators to the justice for their brutal acts on the two innocent women. A thorough and fair investigation into this rape case as well as the search of the other perpetrator Padam Bahadur is necessary for justice in this case. Also please urge the government authorities to provide legal remedies to the victims without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: No proper investigation has yet been done into an alleged rape case of two women by Nepal Armed Police
Name of victim killed:
1. Ms. J.S. (an initial of the victim’s name was only mentioned to safeguard her identity), 35 years old female from Kunathari Village Development Committee Ward number 7, Surkhet district, Nepal
2. Miss. B.S. (an initial of the victim’s name was only mentioned to safeguard her identity), 19 years old female, a daughter of Jasuda
Alleged perpetrators:
1. Charka Bahadur Tarimagar, 21 years old, officer of the Armed Police Force of Raktakali Gan, Surkhet district
2. Padam Bahadur G.C., 21 years old, officer of the Armed Police Force of Raktakali Gan, Surkhet district
Place of incident: House of the victims at Kunathari Village Development Committee Ward number 7, Surkhet district, Nepal
Date of incident: 9 November 2006
I am writing to you to express my deepest concern about the alleged rape case of a mother and her daughter from Surkhet district by the two security forces of the Armed Police Force of Raktakali Gan, Surkhet district on 9 November 2006.
According to the information I have received, the two drunken security forces, Charka Bahadur (21) and Padam Bahadur (21), came to the house of Ms. J.S. (35) in the Kunathari Village Development Committee Ward number 7, Surkhet district on 9 November 2006. The both offices started to give misbehaviour to the mother and a daughter and eventually forced to lie them down on the floor and raped them brutally. The perpetrators had escaped from the house soon as Ms. J.S.’s husband came home.
One perpetrator Chakra Bahadur was captured by the local villagers on the same day, while the other perpetrator is still at large. I was informed that Chakra Bahadur was arrested by police on the next day on November 10. Since then, he is currently in police custody at the district police office in Surkhet district.
I am deeply concerned by the apparent inaction by the police in this case.
1. Ms. J.S. went to the district police office and gave her statement regarding the incident on November 10. However, her case was filed as First Information Report (FIR) only on November 16 against the two perpetrators.
2. I was informed that the medical check for the two female victims have not been conducted until now. I am afraid that crucial medial evidence might be destroyed due to such inaction by the police. Shockingly, the district police officers dealing this case allegedly said that the medical examination is not necessary for the investigation of this case. Strangely, the victim’s family was not informed about this fact.
3. To date, the police have failed to arrest the other alleged rapist Padam Bahadur.
4. Chakra Bahadur admitted that he had caught breast of Balkumari but denied the fact of raping the daughter. Moreover, Chakra said that he did not know anything that his accompany Padam Bahadur was doing in the kitchen. I am afraid that the police seem to take up his version while not conducting any serious investigation into this alleged rape case.
I believe that reluctant attitude of the district police officers would accelerate the corruption in the police and may lose the public confidence in the police officers. The police should conduct a thorough and prompt investigation into brutal criminal cases including rape case in order to retain order and justice. I am afraid that such laziness in the police behaviour would tolerate brutal violence against women including rape. Moreover, it would also tolerate the impunity of the government officials at any levels including security forces which would thus accelerate the corruption in the police and other authorities.
I therefore urge you to immediately intervene in this case so that a thorough and a fair investigation will be conducted immediately. Padam Bahadur should be arrested without further delay and both perpetrators should be brought to justice as soon as possible. I also urge you to take necessary steps to make the local police and judiciary would act in accordance with the victims’ rights to access all legal remedies so that they will not be diminished by state officials. I further request you to order an inquiry into the alleged police inaction particularly whey the police failed to conduct the medical exam on the victims, delayed to file their complaints and failed to inform important development of the case to the family of the victims. If it is proven that the police inaction is actually due to corruption or other illegal elements, strong action should also been taken against those responsible.
I trust that you immediately take action in these cases.
Yours sincerely,
———————
PLEASE SEND YOUR LETTER 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
Kathmandu
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
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np
6. Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Email: hrcell@nepalpolice.gov.np
7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
