Nepal
26.02.04
Urgent Interventions
Nepal : extra-judicial killings, rape, incommunicado detention of young people
NPL 260204.CC.VAW
Violence Against Women/Child Concern
Extra-judicial killings / Rape / Incommunicado Detention
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 reliable sources, including the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the extra-judicial killings of 3 youths, two young women, Ms. Reena Rasaili (18 years old) and Ms. Subhadra Chaulagain (17 years old), and a young man, Mr. Tasi Lama.
According to the information received, during the night of the 12th to the 13th February 2004, security forces entered Pokharichauri-4, Kavre District, Nepal searching for some Maoist activists. They were not wearing uniforms but they had weapons. They killed 3 youths including two young girls, Reena Rasaili (18 years old) and Subhadra Chaulagain (17 years old) and a young man, Tasi Lama. They also tortured some villagers.
In Reena Rasaili’s case, around midnight, security forces shouted that they were looking for the victim’s brother, a Maoist partisan, and they broke open the door of the family house. After searching the house, they dragged Reena out of bed and brought her to the cowshed. There, they raped and beat her over several hours and when they were finished at 5:00 am, they shot her in the head, in her chest and in her eyes.
In Subhadra Chaulagain’s case, at 4:00 am, she was dragged from her bed, beaten and then shot in the head and stomach. It is reported that she begged to be taken to the headquarters where she would say whatever the security forces wanted, but her pleas did not save her life.
A young man called Tasi Lama was also shot dead the same night in the same village, but the details of his case are not yet available.
Moreover several family members and relatives of the victims were tortured. For instance Mr. Murali (member Reena’s family), who was sleeping in the same house, was taken away by the security personnel at the same time as Reena Rasaili and appeared severely wounded some hours later. Kedar Nath Chaulagain (Subhadra Chaulagain’s father) was also beaten until he fainted. It is further reported that the security forces sexually abused Devi Sunuwar (Reena’s aunt and an eyewitness) by touching her breasts. Furthermore several houses were arbitrarily searched. The security forces told the inhabitants not to disclose any information regarding their intrusion in the village.
Four days later, the security forces returned to arrest witnesses of the incident such as Maina Sunuwar, a 15 year-old girl, daughter of Devi Sunuwar (Reena’s aunt and witness of Reena’s killing). Maina has since disappeared despite efforts by her family to determine her whereabouts. Her parents, accompanied by the head master of the school of Maina, the chair person of the village and other 28 villagers, went to the Lamidada Army Camp where they were told their daughter was not arrested nor detained.
The identity of the perpetrators remains unknown while, the day after the incident, the national radio broadcast the news that “three Maoist terrorists named Reena Rasaili, Subhadra Chaulagain and Tasi Lama in Pokahair Chauri Village of Kavre District were shot dead in their encountered with the security forces.”
OMCT expresses its grave concern over these extra-judicial killings and abuses of inhabitants of Pokhair Chauri Village of Kavre District. The rape, torture, and eventual killing of Reena, Subhadra and Tasi constitute fundamental violations of the right against torture and the right to life, as provided for in the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child. Additionally, the Declaration on the Elimination of Violence Against Women calls on States to investigate, prosecute and punish all acts of violence against women with due diliegnce, regardless of whether they are perpetrated by State or non-State actors.
OMCT is also deeply concerned for the physical and psychological integrity of the family members of the victims as well as the witnesses to the killings, especially Maina Sunuwar. In this respect, OMCT reminds the government of Nepal that the Convention on the Rights of the Child, in its article 37 prohibits the arbitrary detention of children and requires that contact is maintained between any detained children and their families.
Actions requested
Please write to the authorities in Nepal urging them to:
i. immediately locate the whereabouts of Maina Sunuwar;
ii. take all measures necessary to guarantee the physical and psychological integrity of the families of the victims and witnesses to the killings;
iii. order the immediate release of Maina Sunuwar in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring her before an impartial and competent tribunal and guarantee her procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the extrajudicial killings, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims and the families of the victims of these abuses;
vi. 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, February 26th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence Against Women/Child Concern
Extra-judicial killings / Rape / Incommunicado Detention
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 reliable sources, including the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the extra-judicial killings of 3 youths, two young women, Ms. Reena Rasaili (18 years old) and Ms. Subhadra Chaulagain (17 years old), and a young man, Mr. Tasi Lama.
According to the information received, during the night of the 12th to the 13th February 2004, security forces entered Pokharichauri-4, Kavre District, Nepal searching for some Maoist activists. They were not wearing uniforms but they had weapons. They killed 3 youths including two young girls, Reena Rasaili (18 years old) and Subhadra Chaulagain (17 years old) and a young man, Tasi Lama. They also tortured some villagers.
In Reena Rasaili’s case, around midnight, security forces shouted that they were looking for the victim’s brother, a Maoist partisan, and they broke open the door of the family house. After searching the house, they dragged Reena out of bed and brought her to the cowshed. There, they raped and beat her over several hours and when they were finished at 5:00 am, they shot her in the head, in her chest and in her eyes.
In Subhadra Chaulagain’s case, at 4:00 am, she was dragged from her bed, beaten and then shot in the head and stomach. It is reported that she begged to be taken to the headquarters where she would say whatever the security forces wanted, but her pleas did not save her life.
A young man called Tasi Lama was also shot dead the same night in the same village, but the details of his case are not yet available.
Moreover several family members and relatives of the victims were tortured. For instance Mr. Murali (member Reena’s family), who was sleeping in the same house, was taken away by the security personnel at the same time as Reena Rasaili and appeared severely wounded some hours later. Kedar Nath Chaulagain (Subhadra Chaulagain’s father) was also beaten until he fainted. It is further reported that the security forces sexually abused Devi Sunuwar (Reena’s aunt and an eyewitness) by touching her breasts. Furthermore several houses were arbitrarily searched. The security forces told the inhabitants not to disclose any information regarding their intrusion in the village.
Four days later, the security forces returned to arrest witnesses of the incident such as Maina Sunuwar, a 15 year-old girl, daughter of Devi Sunuwar (Reena’s aunt and witness of Reena’s killing). Maina has since disappeared despite efforts by her family to determine her whereabouts. Her parents, accompanied by the head master of the school of Maina, the chair person of the village and other 28 villagers, went to the Lamidada Army Camp where they were told their daughter was not arrested nor detained.
The identity of the perpetrators remains unknown while, the day after the incident, the national radio broadcast the news that “three Maoist terrorists named Reena Rasaili, Subhadra Chaulagain and Tasi Lama in Pokahair Chauri Village of Kavre District were shot dead in their encountered with the security forces.”
OMCT expresses its grave concern over these extra-judicial killings and abuses of inhabitants of Pokhair Chauri Village of Kavre District. The rape, torture, and eventual killing of Reena, Subhadra and Tasi constitute fundamental violations of the right against torture and the right to life, as provided for in the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child. Additionally, the Declaration on the Elimination of Violence Against Women calls on States to investigate, prosecute and punish all acts of violence against women with due diliegnce, regardless of whether they are perpetrated by State or non-State actors.
OMCT is also deeply concerned for the physical and psychological integrity of the family members of the victims as well as the witnesses to the killings, especially Maina Sunuwar. In this respect, OMCT reminds the government of Nepal that the Convention on the Rights of the Child, in its article 37 prohibits the arbitrary detention of children and requires that contact is maintained between any detained children and their families.
Actions requested
Please write to the authorities in Nepal urging them to:
i. immediately locate the whereabouts of Maina Sunuwar;
ii. take all measures necessary to guarantee the physical and psychological integrity of the families of the victims and witnesses to the killings;
iii. order the immediate release of Maina Sunuwar in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring her before an impartial and competent tribunal and guarantee her procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the extrajudicial killings, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims and the families of the victims of these abuses;
vi. 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, February 26th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.