Nepal
24.09.04
Urgent Interventions
Nepal: arbitrary arrest, detention and ill treatment of Mr. Man Bahadur Budhamagar, extra-judicial killing of his two brothers and rape of his sister-in-law
Case NPL 240904 / NPL 240904.VAW
URGENT APPEAL / VIOLENCE AGAINST WOMEN
Arbitrary detention/ Extrajudicial killing/Ill treatment/ Rape
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source and by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arbitrary arrest, detention and ill treatment of 22 year-old farmer Mr. Man Bahadur Budhamagar, as well of the extra-judicial killing of his two brothers and the rape of his sister-in-law (the name of which is
withheld) in Nepal.
According to the information received, Mr. Man Bahadur Budhamagar, a resident of Basneuta Village Development Committee, ward no. 4, Dhadeldhura District, was arrested by a team of joint security forces in his village along with several young men including Mr. Man Bahadur Budhamagar’s two brothers, Mr. Nar Bahadur Budhamagar and Mr. Ratna Bahadur Budhamagar, on 17 August 2004 at about 6.30 am. The security forces did not show any arrest warrant or relevant documents for their arrest, but simply accused them of being Maoists.
At the time of the arrest, the security forces allegedly beat the three brothers with sticks, hands and guns and randomly kicked them with their boots. The security forces reportedly also beat Mr. Ratna Bahadur Budhamagar’s wife, and then raped her near the house where the family used to keep cattle.
According to the information received, after killing Mr. Nar Bahadur Budhamagar and Mr. Ratna Bahadur Budhamagar near the house, the security forces arrested Mr. Man Bahadur Budhamagar, along with Mr. Tek Bahadur Dhami and Mr. Tarami Thapa. While Mr. Tarami Thapa was released on the same day, Mr. Man Bahadur Budhamagar and Mr. Tek Bahadur Dhami were taken to the Majaha Gaon Army Barrack Mahendra Nagar, Kanchanpur District, where Mr. Man Bahadur Budhamagar was detained until 2 September 2004. According to the victim, army personnel severely assaulted him daily and questioned him about Maoist rebels and the whereabouts of Maoist leaders, which he did not know.
On 2 September 2004, the army released Mr. Man Bahadur Budhamagar and ordered him to go to the District Administration Office of the army barrack on 12 September 2004. After his release, the victim received medical treatment with the help of a human rights group that is also taking care of his sister-in-law. On 12 September 2004, Mr. Man Bahadur Budhamagar went as ordered to the District Administration Office where he was told to come back on 16 September 2004.
According to the information provided, on 16 September 2004, while he was on his way to the District Administration Office at around 12.30 pm, the army personnel stopped Mr. Man Bahadur Budhamagar and put him into an army van. They then blindfolded him and took him to the Majaha Gaon Army Barrack. It is alleged that they accused him of defaming the Royal Nepal Army by providing information to human rights groups about his family case. Mr. Man Bahadur Budhamagar was released on 19 September 2004, however he was reportedly ordered to appear to the Chief District Officer (CDO) on 4 October 2004.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr Man Bahadur Budhamagar, as there is fear that he may be subjected to ill-treatment, torture or potentially extra-judicial execution, as well as for Mr. Ratna Bahadur Budhamagar’s wife. OMCT calls on the authorities to immediately guarantee their personal integrity at all times. Furthermore, OMCT calls on the authorities to launch prompt, thorough and impartial investigations into the circumstances of these events in order to find those responsible for any violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Man Bahadur Budhamagar and Mr. Ratna Bahadur Budhamagar’s wife;
ii. order a thorough and impartial investigation into the circumstances of Mr. Man Bahadur Budhamagar’s arrest and the allegations of the use of ill treatment and the extrajudicial killing of Mr. Man Bahadur Budhamagar’s two brothers as well as of the rape of Mr. Ratna Bahadur Budhamagar’s wife, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victims of these abuses;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write to the embassies of Nepal in your respective country.
Geneva, 24 September 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL / VIOLENCE AGAINST WOMEN
Arbitrary detention/ Extrajudicial killing/Ill treatment/ Rape
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source and by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arbitrary arrest, detention and ill treatment of 22 year-old farmer Mr. Man Bahadur Budhamagar, as well of the extra-judicial killing of his two brothers and the rape of his sister-in-law (the name of which is
withheld) in Nepal.
According to the information received, Mr. Man Bahadur Budhamagar, a resident of Basneuta Village Development Committee, ward no. 4, Dhadeldhura District, was arrested by a team of joint security forces in his village along with several young men including Mr. Man Bahadur Budhamagar’s two brothers, Mr. Nar Bahadur Budhamagar and Mr. Ratna Bahadur Budhamagar, on 17 August 2004 at about 6.30 am. The security forces did not show any arrest warrant or relevant documents for their arrest, but simply accused them of being Maoists.
At the time of the arrest, the security forces allegedly beat the three brothers with sticks, hands and guns and randomly kicked them with their boots. The security forces reportedly also beat Mr. Ratna Bahadur Budhamagar’s wife, and then raped her near the house where the family used to keep cattle.
According to the information received, after killing Mr. Nar Bahadur Budhamagar and Mr. Ratna Bahadur Budhamagar near the house, the security forces arrested Mr. Man Bahadur Budhamagar, along with Mr. Tek Bahadur Dhami and Mr. Tarami Thapa. While Mr. Tarami Thapa was released on the same day, Mr. Man Bahadur Budhamagar and Mr. Tek Bahadur Dhami were taken to the Majaha Gaon Army Barrack Mahendra Nagar, Kanchanpur District, where Mr. Man Bahadur Budhamagar was detained until 2 September 2004. According to the victim, army personnel severely assaulted him daily and questioned him about Maoist rebels and the whereabouts of Maoist leaders, which he did not know.
On 2 September 2004, the army released Mr. Man Bahadur Budhamagar and ordered him to go to the District Administration Office of the army barrack on 12 September 2004. After his release, the victim received medical treatment with the help of a human rights group that is also taking care of his sister-in-law. On 12 September 2004, Mr. Man Bahadur Budhamagar went as ordered to the District Administration Office where he was told to come back on 16 September 2004.
According to the information provided, on 16 September 2004, while he was on his way to the District Administration Office at around 12.30 pm, the army personnel stopped Mr. Man Bahadur Budhamagar and put him into an army van. They then blindfolded him and took him to the Majaha Gaon Army Barrack. It is alleged that they accused him of defaming the Royal Nepal Army by providing information to human rights groups about his family case. Mr. Man Bahadur Budhamagar was released on 19 September 2004, however he was reportedly ordered to appear to the Chief District Officer (CDO) on 4 October 2004.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr Man Bahadur Budhamagar, as there is fear that he may be subjected to ill-treatment, torture or potentially extra-judicial execution, as well as for Mr. Ratna Bahadur Budhamagar’s wife. OMCT calls on the authorities to immediately guarantee their personal integrity at all times. Furthermore, OMCT calls on the authorities to launch prompt, thorough and impartial investigations into the circumstances of these events in order to find those responsible for any violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Man Bahadur Budhamagar and Mr. Ratna Bahadur Budhamagar’s wife;
ii. order a thorough and impartial investigation into the circumstances of Mr. Man Bahadur Budhamagar’s arrest and the allegations of the use of ill treatment and the extrajudicial killing of Mr. Man Bahadur Budhamagar’s two brothers as well as of the rape of Mr. Ratna Bahadur Budhamagar’s wife, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victims of these abuses;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
- General Pyar Jung Thapa, Chief of Army Staff (COAS), Army Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
- Deputy Brigadier General Nirendra Prasad Aryal, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292/ 229 451
- Ambassador Acharya, Gyan Chandra, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, 24 September 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.