Nepal
25.11.04
Urgent Interventions
Nepal: gang rape of a 16-year-old girl by five armed soldiers
NPL 251104.VAW.CC
Violence Against Women/Child Concern
Rape/Due Diligence
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 Asian Human Rights Commission (AHRC), a member of the OMCT network, of the gang rape of a 16-year-old girl (name withheld), resident of Bharaul Village Development Committee (VDC)-5, Sunsari District, by five armed soldiers from Eastern Pritana Headquarter, Itahari, on 10 November 2004 in Nepal.
According to the information received, on 9 November 2004, about 45-50 army officers from Eastern Pritana Headquarter stayed overnight in Nadaha. On the following morning (10 November), the soldiers came to Bharaul-5, Bishalchowk, Bhaluwachauri village. Two of the soldiers were in civilian clothes, while the rest of them were in army uniform. After arriving at Bhaluwachari village, one group took a rest, another roamed around the village, and the remainder took on their own work.
On the same day (10 November), the parents of the victim went out to do farm work as usual, leaving all their five children at home. At around 9:00 a.m., the victim (the eldest child of the family) went towards the Sardu Khol River, which is about 500 meters to the eastern side of their house. As the girl was walking toward the river, a group of five armed soldiers reportedly stopped her and ordered her to go with them. When the girl refused to do so, they pulled her by her hands to the jungle and untied her drawstring.
According to the information, when the 7-year-old niece of the victim saw the incident, the soldiers chased her away, threatening her with a gun. The victim was then taken to Jhosi (the name of a place), where the soldiers allegedly forced her to the ground and proceeded to rape her one at a time. When she tried to scream and defend herself, they covered her mouth and continued to rape her. After raping her, the soldiers reportedly took the unstable girl to a nearby jungle at the back of her house, gave her 100 Rupees and a packet of noodles, and told her not to disclose the incident to anyone. They threatened that they would kill her if she were ever to tell anybody. Then, the soldiers left.
When the girl rushed to her home, her younger brother saw her with blood all over her body. The younger brother went to the field to tell their parents. However, the soldiers had already left the village by then.
According to the information provided, having seen the victim lying in blood, the villagers bought some medicine at Kalabanjar Market for her to control the bleeding. The next day (11 November), the girl was taken to the Dhara Hospital in the ambulance of a human rights organisation based in Biratnagar. Presently, the victim is staying at a shelter of the human rights organisation, where she is being kept under medical observation for her injuries. The doctors of the Koshi Zonal Hospital have referred her to the Psychiatrist Department, where she is undergoing psychological counselling for her ordeal.
The girl’s father submitted a First Information Report (FIR) in the Area Police Office in Dharan on 11 November. However, no serious investigation into this case has been reportedly carried out by the police. In fact, the policy hasn’t even visited the place, where the incident took place, and because of this, some potential evidence may have been destroyed by now.
OMCT is gravely concerned about the gang rape of the victim and calls upon the Nepalese government to thoroughly investigate this case with due diligence and bring the perpetrators to justice and to guarantee adequate redress and reparation to the victim and her family. OMCT would like to remind the government of Nepal that the Declaration on the Elimination of Violence against Women states in Art. 4(c) that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.” OMCT also recalls that Nepal has ratified both the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), which specifies in Art. 37 (a) that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
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 the victim and her family members;
ii. order a thorough and impartial investigation into the circumstances of the incident in order to identify those responsible, bring all of them to trial and apply the penal and/or civil sanctions as provided by law;
iii. guarantee that adequate reparation and protection are provided to the victim and her family;
iv. guarantee the respect for 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, November 25th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence Against Women/Child Concern
Rape/Due Diligence
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 Asian Human Rights Commission (AHRC), a member of the OMCT network, of the gang rape of a 16-year-old girl (name withheld), resident of Bharaul Village Development Committee (VDC)-5, Sunsari District, by five armed soldiers from Eastern Pritana Headquarter, Itahari, on 10 November 2004 in Nepal.
According to the information received, on 9 November 2004, about 45-50 army officers from Eastern Pritana Headquarter stayed overnight in Nadaha. On the following morning (10 November), the soldiers came to Bharaul-5, Bishalchowk, Bhaluwachauri village. Two of the soldiers were in civilian clothes, while the rest of them were in army uniform. After arriving at Bhaluwachari village, one group took a rest, another roamed around the village, and the remainder took on their own work.
On the same day (10 November), the parents of the victim went out to do farm work as usual, leaving all their five children at home. At around 9:00 a.m., the victim (the eldest child of the family) went towards the Sardu Khol River, which is about 500 meters to the eastern side of their house. As the girl was walking toward the river, a group of five armed soldiers reportedly stopped her and ordered her to go with them. When the girl refused to do so, they pulled her by her hands to the jungle and untied her drawstring.
According to the information, when the 7-year-old niece of the victim saw the incident, the soldiers chased her away, threatening her with a gun. The victim was then taken to Jhosi (the name of a place), where the soldiers allegedly forced her to the ground and proceeded to rape her one at a time. When she tried to scream and defend herself, they covered her mouth and continued to rape her. After raping her, the soldiers reportedly took the unstable girl to a nearby jungle at the back of her house, gave her 100 Rupees and a packet of noodles, and told her not to disclose the incident to anyone. They threatened that they would kill her if she were ever to tell anybody. Then, the soldiers left.
When the girl rushed to her home, her younger brother saw her with blood all over her body. The younger brother went to the field to tell their parents. However, the soldiers had already left the village by then.
According to the information provided, having seen the victim lying in blood, the villagers bought some medicine at Kalabanjar Market for her to control the bleeding. The next day (11 November), the girl was taken to the Dhara Hospital in the ambulance of a human rights organisation based in Biratnagar. Presently, the victim is staying at a shelter of the human rights organisation, where she is being kept under medical observation for her injuries. The doctors of the Koshi Zonal Hospital have referred her to the Psychiatrist Department, where she is undergoing psychological counselling for her ordeal.
The girl’s father submitted a First Information Report (FIR) in the Area Police Office in Dharan on 11 November. However, no serious investigation into this case has been reportedly carried out by the police. In fact, the policy hasn’t even visited the place, where the incident took place, and because of this, some potential evidence may have been destroyed by now.
OMCT is gravely concerned about the gang rape of the victim and calls upon the Nepalese government to thoroughly investigate this case with due diligence and bring the perpetrators to justice and to guarantee adequate redress and reparation to the victim and her family. OMCT would like to remind the government of Nepal that the Declaration on the Elimination of Violence against Women states in Art. 4(c) that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.” OMCT also recalls that Nepal has ratified both the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), which specifies in Art. 37 (a) that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
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 the victim and her family members;
ii. order a thorough and impartial investigation into the circumstances of the incident in order to identify those responsible, bring all of them to trial and apply the penal and/or civil sanctions as provided by law;
iii. guarantee that adequate reparation and protection are provided to the victim and her family;
iv. guarantee the respect for human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Mahadeo Prasad Yadav, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant), Fax: +977 14 262582, Email: fpattorney@most.gov.np
- Mr. Sher Bahdur Deuba, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Tel: +977 1 4 228555 or 227955, Fax: +977 1 4 227286/227765
- Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur Nepal, Tel: +977 15 547974 or 525659 or 547975, Fax: +977 15 547973, Email: nhrc@ntc.net.np
- Shyam Bhakta Thapa, Inspector General of Police (IGP), Police Head Quarter, Maharajganj, Kathmandu, Nepal, Tel: +977 14 412737 (direct)/412432 (O) or 414985 (R), Fax. +977 14 415593
- Deputy Superintendent of Police (DSP), Gairapatan, Pokhara, Kashki, Nepal, Tel: +977 61 520055/520033, Fax. +977 61 523699
Please also write to the embassies of Nepal in your respective country.
Geneva, November 25th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.