Nepal
28.10.03
Urgent Interventions
Nepal: Gang-rape of two adolescent girls by armed-policemen
Case NPL 281003.VAW.CC
Violence Against Women/Child Concern
Gang-rape by armed-policemen
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 rapes of Ms. Janaki Chaudhari and Ms. Chinki Chaudhari.
According to the information received, on 27 September 2003, 16-years-old girl Janaki Chaudhari and 14-years-old girl Chinki Chaudhari of Belawa 5, Mahadev Village, Bardiya District were brutally gang-raped and threatened by seven armed policemen of the police precinct of Kohalpur in Far Western region, Nepal. The names of the policemen are: Sub Inspector Judda Bahadur Shahi, Police Constable Upendra Khadka, Policemen Bhim Bahadur Chand, Ram Bahadur Sunar, Bhakta Bahadur Nepali, Mangit Oli and Hariji attached to the District Police Precinct Banke
The two girls were working as day labourers at the building construction site of the Armed Police in Rajhena, Banke. On the night of 27 September 2003, the two girls and a male worker were sleeping in a dormitory at the construction site when the policemen came to their place and asked how many people were in the room. After they had found out that there were two girls and one boy, the policemen entered the room, switched off the light, and threatened the male worker. Then, they forced the two girls to go outside with them.
The policemen took the girls to a nearby garden and gang-raped them. All seven policemen were involved in the rape. While raping the girls, the policemen threatened them that they would be killed if they shouted or made any noise. After the rape, the policemen told the girls to go back to the dormitory and remain quiet and work as usual.
With the assistance of the contractor of the construction site, Janaki Chaudhari and Chinki Chaudhari reported the incident to the police. On 30 September 2003, they filed a complaint against the perpetrators with the Banke District Police Precinct. The police took the girls to the Kohalpur Medical College for medical examination. Following the complaint, the seven perpetrators were detained at the police station.
On 25 October 2003 in a first hearing, the Banke District Court ruled that the accused remain in detention until the beginning of the trial.
However, according to the information received, there are several indications that the police might not conduct a thorough investigation. Some police officers of the Banke District Police Precinct suggested to the girls that they should negotiate with their perpetrators in order to settle the case. When Janaki and Chinki met with the perpetrators, they were offered Rs. 5.000 (US$ 67) each and asked to withdraw their complaint. The perpetrators also threatened the girls that they will have some difficulties if they would challenge the police.
The male worker, who was in the dormitory with the girls at the time of the incident has disappeared.
Moreover, the information received indicates that the Superintendent of Police, Mr. Shree Bahadur Ghale, said that he thought the policemen had sex with the girls with their consent, even though informally the perpetrators had admitted the crime. They later denied the crime and insisted that the contractor of the construction site was using the girls to make false accusations against them, because he has had bad relations with the police in the past. However, the accused admitted that they visited the construction site on 27 September 2003 while patrolling.
In a press release issued on 25 October 2003, the Armed Police Force (APF) denied that a group of seven policemen gang-raped the two girls. The APF headquarters stated that: " No staff from APF were involved in the reported rape nor anyone of the force has been arrested on rape charges."
OMCT expresses its grave concern over the security of the victims as well as the lack of willingness at the side of the police to conduct an adequate investigation into the crimes. According to reliable reports, in Nepal, there are numerous rape cases by the police who then continue at their jobs without any punishment or discipline. OMCT would like to remind the Nepal authorities that the Declaration on the Elimination of Violence against Women, in article 4(c), states 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 wishes to recall that Nepal, as a State party to the Convention on the Rights of the Child, is bound to “protect the child from all forms of sexual exploitation and sexual abuse” (article 34).
Actions requested
Please write to the authorities in Nepal urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Janaki Chaudhari and Chinki Chaudhari and intervene with the appropriate authorities in order to ensure that the adequate medical and psychosocial assistance is provided;
ii. order a thorough and impartial investigation into these rape cases, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided for by law;
iii. guarantee adequate reparation to both girls;
iv. guarantee the respect of human rights and the fundamental freedoms throughout Nepal in accordance with 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
· Brigadier General B A K Sharma, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292 / 229 451
· Mr. Keshav Prasad Upadhaya, The Chief Justice, Singha Durbar, Kathmandu,
NEPAL, Tel: +977 1 4 262546, Fax: +977 1 4 262878
· Chief of Armed Police Officer, Kathmandu, NEPAL, Tel: +977 1 4 275 685
Fax: +977 1 4 277 418
· Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission
Pulchowck, Lalitpur, NEPAL, Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973, Email: nhrc@ntc.net.np
· 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, October 28, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence Against Women/Child Concern
Gang-rape by armed-policemen
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 rapes of Ms. Janaki Chaudhari and Ms. Chinki Chaudhari.
According to the information received, on 27 September 2003, 16-years-old girl Janaki Chaudhari and 14-years-old girl Chinki Chaudhari of Belawa 5, Mahadev Village, Bardiya District were brutally gang-raped and threatened by seven armed policemen of the police precinct of Kohalpur in Far Western region, Nepal. The names of the policemen are: Sub Inspector Judda Bahadur Shahi, Police Constable Upendra Khadka, Policemen Bhim Bahadur Chand, Ram Bahadur Sunar, Bhakta Bahadur Nepali, Mangit Oli and Hariji attached to the District Police Precinct Banke
The two girls were working as day labourers at the building construction site of the Armed Police in Rajhena, Banke. On the night of 27 September 2003, the two girls and a male worker were sleeping in a dormitory at the construction site when the policemen came to their place and asked how many people were in the room. After they had found out that there were two girls and one boy, the policemen entered the room, switched off the light, and threatened the male worker. Then, they forced the two girls to go outside with them.
The policemen took the girls to a nearby garden and gang-raped them. All seven policemen were involved in the rape. While raping the girls, the policemen threatened them that they would be killed if they shouted or made any noise. After the rape, the policemen told the girls to go back to the dormitory and remain quiet and work as usual.
With the assistance of the contractor of the construction site, Janaki Chaudhari and Chinki Chaudhari reported the incident to the police. On 30 September 2003, they filed a complaint against the perpetrators with the Banke District Police Precinct. The police took the girls to the Kohalpur Medical College for medical examination. Following the complaint, the seven perpetrators were detained at the police station.
On 25 October 2003 in a first hearing, the Banke District Court ruled that the accused remain in detention until the beginning of the trial.
However, according to the information received, there are several indications that the police might not conduct a thorough investigation. Some police officers of the Banke District Police Precinct suggested to the girls that they should negotiate with their perpetrators in order to settle the case. When Janaki and Chinki met with the perpetrators, they were offered Rs. 5.000 (US$ 67) each and asked to withdraw their complaint. The perpetrators also threatened the girls that they will have some difficulties if they would challenge the police.
The male worker, who was in the dormitory with the girls at the time of the incident has disappeared.
Moreover, the information received indicates that the Superintendent of Police, Mr. Shree Bahadur Ghale, said that he thought the policemen had sex with the girls with their consent, even though informally the perpetrators had admitted the crime. They later denied the crime and insisted that the contractor of the construction site was using the girls to make false accusations against them, because he has had bad relations with the police in the past. However, the accused admitted that they visited the construction site on 27 September 2003 while patrolling.
In a press release issued on 25 October 2003, the Armed Police Force (APF) denied that a group of seven policemen gang-raped the two girls. The APF headquarters stated that: " No staff from APF were involved in the reported rape nor anyone of the force has been arrested on rape charges."
OMCT expresses its grave concern over the security of the victims as well as the lack of willingness at the side of the police to conduct an adequate investigation into the crimes. According to reliable reports, in Nepal, there are numerous rape cases by the police who then continue at their jobs without any punishment or discipline. OMCT would like to remind the Nepal authorities that the Declaration on the Elimination of Violence against Women, in article 4(c), states 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 wishes to recall that Nepal, as a State party to the Convention on the Rights of the Child, is bound to “protect the child from all forms of sexual exploitation and sexual abuse” (article 34).
Actions requested
Please write to the authorities in Nepal urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Janaki Chaudhari and Chinki Chaudhari and intervene with the appropriate authorities in order to ensure that the adequate medical and psychosocial assistance is provided;
ii. order a thorough and impartial investigation into these rape cases, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided for by law;
iii. guarantee adequate reparation to both girls;
iv. guarantee the respect of human rights and the fundamental freedoms throughout Nepal in accordance with 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
· Brigadier General B A K Sharma, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292 / 229 451
· Mr. Keshav Prasad Upadhaya, The Chief Justice, Singha Durbar, Kathmandu,
NEPAL, Tel: +977 1 4 262546, Fax: +977 1 4 262878
· Chief of Armed Police Officer, Kathmandu, NEPAL, Tel: +977 1 4 275 685
Fax: +977 1 4 277 418
· Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission
Pulchowck, Lalitpur, NEPAL, Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973, Email: nhrc@ntc.net.np
· 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, October 28, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.