This week THRDA would like to inform you of 4 cases of human rights violation. THRDA has sent information about two cases to the Asian Human Rights Commission this week. Both are torture cases. Furthermore, two cases of killings in which the courts issued Mandamus will be discussed.

The case of Ram Chandra Mahato (Torture)

Ram Chandra Mahato (35) was arrested at Ward number3 of Mirchahiya Municipality on the 14 of August 2016. Ram Chandra Mahato was not informed about the reason for his arrest, until police tried to make him admit to the involvement in a robbery and give details and whereabouts of one Manoj Yadav. Ram Chnadra Mahato’s wife, Ganga, went to the District Police Office (DPO) Siraha where Ram Chandra Mahato was held, but she was not allowed to see him.

Late at night, the police took Ram Chandra Mahato to Siraha District Hospital, where he received treatment for about 11 hours. Ram Chandra Mahoto was unconscious when he arrived at the hospital. When Ram Chandra Mahato arrived at the hospital he was shackled in an iron chain around his feet. Ram Chandra Mahato was discharged from the hospital around 1 pm on 15 August 2016. He was then taken to the DPO again to be released, only to be informed to come back once when his health had improved. Ram Chandra Mahato informed THRDA that he was beaten with a black plastic pipe and sticks. The victim also informed THRDA that he was beaten with fists and kicked with boots.
Due to this treatment Ram Chandra Mahato has problems sleeping and moving around.

The Case of Three Minors and One Youth (Torture)

On September 9, 2016, Suraj Chaudhary (15) from Katahari Bazaar, Mahesh Sah (14) from Haatkhola, and Ajay Kumar Tajpuriya (16) was arrested in Morang on the charge of stealing phones. Their relatives have informed THRDA, that when they went to see Chaudhary, Sah and Tajpuriya they had bruises on their hands, face and other parts of the body. The boys informed their relatives that they had been beaten with black plastic sticks, kicked with boots and threatened on their life. Furthermore, the relatives described the boy’s mental condition as unstable as a result of the beating.

Later, when the relatives returned to the detention center with THRDA both the relatives and THRDA was refused access to the boys. Furthermore, the court has refused to issue an order for a medical checkup of the victims.

FIR not registered against police personnel responsible for shooting death of  four year child

A First Information Report (FIR) against police personnel responsible for shooting death of Chandan Patel has not been registered. Although, Appellate Court, Butawal had issued a writ of mandamus telling the concerned authorities to register FIR against the persons responsible for shooting death of four year old child Chandan Patel.

Victim’s father Abhdesh Kumar Kurmi had filed a writ of mandamus seeking court’s order to lodge FIR and the court issued the writ on August 17. Chandan Patel was among six victims who were killed on September 15 last year when police, in the course of chasing protesters after they pelted stones, fired indiscriminately on Bethari local market killing Chandan and five other victims. Chandan Patel was killed when he accompanied his mother who had gone
to the market to buy things necessary for observing Teej Festival. The victim’s father went to District Police Office Rupandehi seeking registration of the FIR but the police did not accept his FIR. Hereafter he moved to the court. The victim’s father wants the police personnel responsible for shooting death his son to be punished under homicide chapter of Muluki Ain (General Code).

FIR not registered against police personnel responsible for shooting death of Ram Bibek Yadav

The concerned authorities have not registered an FIR filed against the police personnel responsible for shooting death of Ram Bibek Yadav (22) a resident of Mahottari VDC of Mahottari district. Appellate Court, Janakpur had issued a writ of mandamus on July 5, 2016 ordering District Police Office, Dhanusha and District Administration Office, Dhanusha to register the FIR. Victim’s father Indu Yadav had filed an FIR against the police on September
9 last year seeking action against the police personnel responsible for shooting death his son Ram Bibek.

Indu Yadav wrote in the FIR that his son was shot to death by the police after he tripped  while running away from the police who were using force against the protesters on September 9 last year. The victim’s father had also argued in the FIR that as per Section 6 (b) of Local Administration Act, 1971, the police were only allowed to fire shots below the knee after issuing clear warning against the protesters although the police shot his son in the chest. Indu Yadav had moved the Appellate Court after his FIR was not registered by the police. Indu Yadav has sought punishment against the police personnel responsible for his son’s death under homicide chapter of Muluki Ain (General Code).

Recommendation:

THRDA would like to encourage all partners to take these four cases of rights violations seriously. From THRDA’s point of view, these four cases are all violations of International Covenant on Civil and Political Rights ( ICCPR) and UN Convention against Torture (CAT). These are core human rights issues and should be treated accordingly by the concerned bodies.

Terai Human Rights Defenders’ (THRD) Alliance, Nepal prepares this situation update as per the information and monitoring by HRDs in the districts of Terai, southern Nepal which have turned unrest since August due to protest against the country’s constitution. The updates are basically related to human rights situation in particular. If you require further details about any specific incident mentioned, please write to [email protected]