Dear friends,
The Asian Human Rights Commission (AHRC) has received further information from Advocacy Forum, the local human rights group in Nepal, that Des Raj Chauhan had been handed over to the security forces of India on 1 November 2006 and is currently being detained in Baharaich Jail of India. Des Raj Chauhan had been disappeared since reportedly being arrested by the Area Police Station of Kohalpur, Banke district on 31 October 2006 (See further: UA-365-2006). Since the victim’s arrest, the local police had falsely claimed that the victim had been released in the presence of his mother. The reason for the hand-over of Des Raj Chauhan to the Indian authority and the false claim by the Nepali police is unknown.
UPDATED INFORMATION:
Des Raj Chauhan (also known as Lala), a 24-year-old labourer and resident of Ganapur VDC-6, Banke district, Nepal was arrested by three plainclothes security personnel from Area Police Station, Kohalpur, Banke district on 31 October 2006 at around 4:30 pm. On the next day on November 1, the victim’s mother was taken to the police station but returned home alone. However, the Police Inspector of the Kohalpur Area Police Station, Bed Raj Khanal, had claimed that Des Raj Chauhan was released on that day in the presence of his mother. Since then, the family had not received any information about Des Raj Chauhan’s whereabouts and personal integrity, while the police constantly insisted that he had already been released. The police also allegedly forged the medical certificate to fabricate a false case to justify the victim’s arrest. To learn details of the incident, please see our original appeal: UA-365-2006.
Since Des Raj Chauhan’s forced disappearances, the family and activists of the Advocacy Forum regularly visited the District Police Office of Banke and finally compelled the district police authority to disclose the whereabouts of the victim. The police authority finally admitted that Des Raj Chauhan had been handed over to the security forces of India on 1 November 2006 and is currently being detained in Baharaich Jail of India. It is reported that his parents went to the jail to meet Des Raj Chauhan and confirmed he is detained there a few days ago.
The police authority now claims that they handed Des Raj Chauhan over to the Indian police authority because he was involved in illegal drug smuggling, saying that one kilogram of cannabis was found during the process of his arrest. However, the police failed to provide any proof to justify their claim. It is hard to give a credit to this police claim, considering all the false claims and alleged fabrication of documents that the police had previously made in this case. The real reason behind the hand-over of the victim to the Indian authority and the false claim by the Nepali police is still unknown.
SUGGESTED ACTION:
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SAMPLE LETTER
NEPAL: A victim of forced disappearance secretly sent to a jail of India whle the police attempted to cover up his illegal arrest
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
Date of place of incident: Arrested in Piprahawa Chock, Ganpur VDC-6, Banke district on 31 October 2006, sent to the security forces of India on 1 November 2006 and is currently being detained in Baharaich Jail of India
I am writing to express my deep concern about Mr. Des Raj Chauhan who had been disappeared since reportedly being arrested by the Area Police Station of Kohalpur, Banke district on 31 October 2006. Very recently, the District Police Office of Banke finally informed the victim’s family that Des Raj Chauhan was handed over to the security forces of India on November 1 and currently detained in Baharaich Jail of India. I was informed that his parents went to the jail to meet Des Raj Chauhan and confirmed he is detained there.
I am deeply concerned by several attempts by Kohalpur Area Police Station and DPO of Banke to manipulate this incident. Since the victim’s arrest, they both had falsely claimed that Des Raj Chauhan had been released in the presence of his mother on the following day (November 1). In another occasion, Police Inspector Bed Raj Khanal of the Area Police Station claimed that Des Raj Chauhan had been arrested for being drunk and behaving violently at Piprahawa Chock, Banke district and even further allegedly presented the forced certificate of medical examination without signature by a doctor or stamp from the hospital.
I was informed that the police authority now claims that they handed Des Raj Chauhan over to the Indian police authority because he was involved in illegal drug smuggling, saying that one kilogram of cannabis was found during the process of his arrest. However, the police failed to provide any proof to justify their claim. I cannot give any credit to the police’s claim, considering all the false claims and alleged fabrication of medical certificate that the police had previously made in this case. As far as I know, the real reason behind the hand-over of the victim to the Indian authority and the false claim by the Nepali police is still unknown.
I am deeply concerned that the victim’s right to liberty and security is being violated in this case. The state only can deprive the victim’s liberty on the grounds established by law and through lawful procedures. However, in this case, the victim was arrested on October 31 and immediately handed over to the security forces of India with unknown reason on the next day, while the victim was deprived from going for any lawful procedures regarding his arrest. The Kohalpur Area Police and DPO of Banke also failed to inform the reasons for the victim’s arrest and his whereabouts to his family, who is entitled to receive such information by law.
Article 9 (4) of International Covenant for Civil and Political Rights (ICCPR), to which the Nepal is a state party, clearly states, “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.”
Therefore the Indian authorities must answer;
1. On which ground or charges the victim was arrested by the police;
2. Why the victim was handed over immediately to the Indian authority, depriving his rights to have court review about his arrest and fair trial regarding the unknown charges against him in Nepal;
3. Why the police authority falsely and consistently lied to the victim’s family that he was released, and failed to provide information about the victim to the family over one month after his arrest;
4. What is the actual circumstances of the case that the police authority made inconsistent claims regarding the victim’s arrest (First the police claimed that he was arrested due to his violent behaviour while being drunk and now claims that the victim was handed over to the Indian authority due to illegal drug smuggling);
5. What is the real reason behind the hand-over of the victim to the Indian authority and the false claim by the Nepali police is still unknown.
I am sure that you will be concerned about this serious case and will intervene into this matter immediately. Please order prompt and thorough inquiry about this incident and take strong disciplinary and legal action against those responsible in Kohalpur Area Police Station and DPO of Banke regarding the illegal arrest, fabrication of documents, false claims in this case. I also urge you to take all measures to bring the victim safely back to his family in Nepal. I also urge you to ensure that the victim and his family are adequately compensated.
I look for your urgent intervention into this matter.
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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
PLEASE ALSO SEND A COPY OF YOUR LETTER TO:
1. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in
2. Pranab Mukherjee
Minister for External Affairs
Ministry of External Affairs
A-Wing, Shastri Bhavan
New Delhi-110001
INDIA
Tel: +91 11 2338 3371 and 2338 3373 (For spokesperson’s office)
Fax: +91 11 23384319 (For spokesperson’s office)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
