NPL 140113
Denial of justice/ Political interference in police investigation/ Risk of impunity
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Nepal.
The International Secretariat of OMCT has been informed by Advocacy Forum (AF), a member organisation of OMCT SOS-Torture Network, about the recent political interference in a police investigation carried out into the abduction, torture and killing of Mr. Dekendra Raj Thapa, a journalist affiliated to Radio Nepal, Nepal Red Cross Society, Dailekh, Amnesty International, and the President of Drinking Water User Committee, in August 2004. OMCT is gravely concerned about the order of the Prime Minister of Nepal to halt investigations into the case.
According to the information received, on 26 June 2004, cadres of the ten Communist Party of Nepal (Maoists) abducted Mr. Dekendra Raj Thapa and a friend in Naumule, Dailehk district. His wife searched for him and reported his abduction to the police and human rights organisations. However, she was unable to locate his whereabouts. One week after the abduction, the friend, who had been arrested alongside with Mr. Dekendra Raj Thapa, was released and informed Mr. Dekendra Raj Thapa’s wife that her husband would be released within that week. However, Mr. Dekendra Raj Thapa did not get released. Mr. Dekendra Raj Thapa’s wife later learnt that he had been forced to walk for a whole day and was kept in a school, where he was interrogated and tortured by Maoists cadres. Due to the torture, he reportedly fell unconscious and was buried nearby the jungle while he was still breathing on 11 August 2004. A few days later, on 16 August 2004, Mr. Dekendra Raj Thapa’s wife found a statement, signed by Ranjeet, district Secretary of the Maoist Party, stating that Mr. Dekendra Raj Thapa had been “wiped out” after he had been charged under ten accusations, including spying on the Maoists.
On 26 June 2008, Mr. Dekendra Raj Thapa’s body was exhumed with the technical assistance provided by the National Human Rights Commission (NHRC), Nepalgunj. On 28 August 2008, his wife filed a First Information Report (FIR) at the District Police Office, Dailekh District, on his abduction and murder, listing eight Maoists cadres as perpetrators, namely Laxiram Gharti, Harilal Pun Magar, Birbahadur KC, Nirak Bahadur Gharti Magar, Jaya Bahadur Shahi, Chabi Lal Shahi (Ranjeet), Bam Bahadur Khadka and another Maoist cadre. However, the police did not start any investigation arguing either that the case would be carried out once the transitional justice mechanisms would be in place or that the suspected perpetrators were absconding although villagers claimed that they were walking freely in the area.
On 5 January 2013, the police eventually arrested five alleged perpetrators, only after Mr. Dekendra Raj Thapa’s wife submitted a writ petition, with the legal assistance of Advocacy Forum, on 12 December 2012 before the Appellate Court, Surkhet, asking the Court to order the police to carry out a prompt investigation. The police first arrested Mr. Laxiram Gharti, one of the alleged perpetrators, and based on the information he provided, managed to arrest four other alleged perpetrators on the same day. The three other remain reportedly absconding.
Nevertheless, according to the same information received, on 8 January 2013, the Prime Minister of Nepal, Dr. Baburam Bhattarai, ordered the police and the District Attorney Office, Dailekh, to immediately halt all investigations into the case. Investigation officers have since reportedly admitted that they have been under pressure from higher authorities to stop taking statements from the accused. OMCT has also been informed that one of the alleged perpetrators has been nominated to be integrated in Nepal Army.
OMCT is concerned that the Unified Communist Party of Nepal (UCPN) (Maoist) led government is trying to protect the then party cadres from investigation and prosecution into the killing of Mr. Dekendra Raj Thapa.
OMCT recalls that, due mostly to the continued political instability, there has been no move ahead on establishing accountability for human rights violations committed during the decade-long (1996-2006) internal conflict between Government forces and Maoist rebels. Despite the provisions of the Comprehensive Peace Agreement of 2006, little progress has been made in connection to the establishment of transitional justice mechanisms and not a single individual has been successfully prosecuted by civilian courts for a conflict-related case, which has also contributed to the prevailing impunity with regard to violations committed since the end of the conflict.
OMCT recalls that the Nepalese authorities have to fulfil their obligations under international human rights law to bringing to justice those responsible for committing human rights violations and to providing justice for victims.
Therefore, OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
Action requested
Please write to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Dekendra Raj Thapa’s family, the lawyers working on the case and the witnesses to the case;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in accordance with international human rights standards, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iii. End any political interference with the investigation;
iv. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to Mr. Dekendra Raj Thapa’s family;
v. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Ø Prime Minister, Dr. Baburam Bhattarai, Office of the Prime Minister and Council of Nepal, Singha Darbar, Kathmandu, Nepal, Fax: + 977-1-4211286, Email: info@opmcm.gov.np
Ø Inspector General of Police, Mr. Kuber Singh Rana, Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Fax: + 977 1 4 415 593, Email: info@nepalpolice.gov.np
Ø Attorney General, Mr. Mukti Nath Pradhan, Office of Attorney General Ramshahpath, Kathmandu, Nepal, Fax: + 977 1 4262582, Email: attorney@mos.com.np, info@attorneygeneral@gov.np , socialjus@gmail.com
Ø Chairman of the National Human Rights Commission, Mr. Kedar Nath Uppadhya, Pulchowck, Lalitpur, Nepal; Email: nhrc@nhrcnepal.org ; complaints@nhrcnepal.org Fax: + 977 1 5547973
Ø Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: + 4122 7332722, E-mail: mission.nepal@bluewin.ch
Please also write to the embassies of Nepal in your respective country.
***
Geneva, 14 January 2013
Kindly inform us of any action undertaken quoting the code of this appeal in your r| Tweet |