Nepal: Extrajudicial execution of Mr. Ram ChandraYadev and Mr. Dayaram Pariyar.

Case NPL 070406

Extrajudicial Execution

Geneva, 7 April 2006

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 the Informal Sector Service Centre (INSEC), a member of the OMCT network, about the extra-judicial execution of Mr. Dayaram Pariyar (22), a member of the National Human Rights Commission (NHRC), Branch Office of Janakpur, and Mr. Ram Chandra Yadav (55), an active cadre of the Rashtriya Prajatantra Party (RPP - National Democratic Party) by policemen on 24 and 28 March 2006.

According to the information received, on March 24, 2006, a group of Maoists came in a vehicle and attacked Mujeliya District Police Office, Dhanusha district (Janakpur). A policeman was killed on the spot and another one was shot injured on his leg. He then tried to escape, but the Maoists followed him, and caught him. Although the police officer requested the Maoists not to kill him, they shot him dead. Other policemen ran and plunged into a pond to save their life.

Half an hour after this incident, security forces from Janakpurdham went to the place and brought the dead bodies and other policemen to Janakpurdham. At 6.30 pm, security forces in a vehicle came from Janakpur Railway Station side towards Janakchowk. They were in position to attack. The vehicle stopped at Dhanusagar, ten meters far from the Janakchowk and all the policemen got down and made one round of blank fire. Right at the moment one of the policeman came forward and started indiscriminate firing resulting in the death of Mr. Ram Chandra Yadav, who was sitting north-east of the Janakchowk, and in the deadly injuring of Mr. Dayaram Pariyar.

After the incident, two policemen, who were standing at the northern side, made three rounds of blank fire, 15 meters from the spot where the incident took place.

Immediately, Mr. Dayaram Pariyar was taken to the Janakpur zonal hospital with the help of local people. He was admitted to the Teaching Hospital in Maharajgunj, Katmandu, on the following day. On March 28, 2006, Mr. Dayaram Pariyar died at the hospital, at around 2:30 am, while he was under treatment.

On March 28, 2006, the fact finding report on the incident in Dhanusha district and the Maoist attack on Mujeliya police post was issued amid a press conference at the office of Federation of Nepalese Journalists. The report said that Messrs. Ram Chandra Yadav and Dayaram Pariyar were shot dead by police firing. The report was prepared by Human Rights Treaty Monitoring Coordination Committee (HRTMCC), a coalition of 44 human rights organisations of the country.

Action requested:

Please write to the authorities in Nepal urgent them to:
i. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. Guarantee that adequate compensation is awarded to Mr. Dayaram Pariyar and Mr. Ram Chandra Yadav’s family;
iii. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal, Fax: + 997 1 4 227 395 / 411 955
  
  
• Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Fax: + 997 1 5 547 973, Email: nhrc@ntc.net.np
  
  
• Lieutenant Colonel Pankaj Karki, Royal Nepal Army, Human Rights Cell, Royal Nepalese Army Headquarters, Bhadrakali, Kathmandu, Nepal, Fax: + 977 1 4245020, Email: humanrights@rna.mil.np
  
  
• Ambassador Gyan Chandra Acharya, Permanent Mission of the Kingdom of Nepal to the United Nations in Geneva, rue de la Servette 81, 1202 Geneva, Switzerland, Fax: +41 22 733 27 22, Email: mission.nepal@bluewin.ch
  
  
• Nepalese Embassy in Bruxelles, Mr. Thata Yarayan, Avenue Brugmann 210, 1180 UCCLE, Tel: +32 (0)2 346 26 58 / +32 (0)2 346 66 38, Fax: +32 (0)2 344 13 61, Email: rne.bru@skynet.be

Please also write to the embassies of Nepal in your respective country.

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Geneva, 7 April 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.