23 March 2013.

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the murder of a young man in Chitwan in 2004 by Maoist cadres in the midst of the civil war, following a personal dispute. No investigation has been held into the circumstances of his death as the alleged perpetrators have benefited from high level political protection. His family has been constantly threatened and harassed for seeking justice and has been displaced from their land. His parents now live in the streets of Kathmandu and their health is rapidly deteriorating. Although the National Human Rights Commission of Nepal ordered that they should be provided with compensation, restitution of their land and their safety be guaranteed, no steps have been taken in that respect. They are staging a hunger strike asking for justice for their son and have been repeatedly arrested by the police for doing so.

CASE NARRATIVE:

According to the information we have received, a land dispute had arisen between the sons of Ghan Prasad Adhikari, the victim’s grandfather, regarding the sharing of the parental property in Gorkha, forcing Ghan Prasad to move out of the district to Chitwan. His eldest son, Nanda Prasad, the victim’s father, remained to cultivate the land and found himself under constant harassment from his neighbors, led by Chhabilal Adhikari, a local Maoist cadre, for doing so. The relatives repeatedly looted the crops, discouraged potential buyers, and filed a case against the family before what was then a “Village government”, run by the Maoists.

On 6 June 2004, Krishna Prasad Adhikari went to Chitwan to bring the money earned from the harvest to his grandfather. He had been followed by Ram Prasad Adhikari. At 3 pm, as he was walking through Bakullahar Chowk in Bharatpur, Chitwan, he was taken away by men on a motorcycle. Local people have reported seeing the abductors bringing Krishna back to Bakullahar Chowk at 8 pm and gunning him down. Nanda’s relatives from Chitwan have said that Krishna had first been tortured by the Maoists before being killed.

However, Nanda, Krishna’s father, was first informed by the police that his son had found death in a road accident and only came to learn the truth later when a local Maoist cadre from Chitwan informed him that his son had been “wiped out”. He said that the decision to wipe him out was taken as he was found to spy against the Maoists and that his brother had enrolled in the Nepal Army. However, those allegations were baseless and Nanda discovered that his neighbor, Chhabilal Poudel, had falsely informed the Maoists about those elements.

Nur, Krishna’s elder brother, applied to the Village Development Committee to investigate into the circumstances of his brother’s death, but the VDC had been turned into a Maoist Village Government with Chhabilal Poudel as its head and refused to investigate into the matter. Instead, Chhabilal Poudel and Subhadra Tiwari threatened the family that it would next be the turn of Nur to be wiped out if they did not keep silence.

Nanda filed two separate complaints on 11 December 2005 to the District Police Office, Chitwan to ask for investigation into his son’s murder, naming the alleged perpetrators, but the police have not conducted any investigation in the case as the perpetrators were connected to the Maoist party.

The family has applied to the National Human Rights Commission for compensation and on 5 April 2009 the Commission decided to recommend to the government to provide them with Rs. 300,000.00 as compensation, to rehabilitate them to their home and ensure their security. To date, they have not received compensation, no step have been taken to return their home to them or to protect them from threats and attacks.

As the investigation into their son’s murder was not making any progress, they have also applied separately to the District Administration Office, Chitwan, the District Police Office, Gorkha, the Ministry of Peace and Reconstruction and the President’s Office for justice but have not received any responses from these authorities. The alleged perpetrators are now working as personal assistants for the wife of Baburam Battarai, former Prime Minister of Nepal and stay in his official residence.

The victim’s family, including Nur and his parents, has been displaced from their home. Even after the peace agreement, the alleged perpetrators looted their house, exploited their lands and killed their cattle. They are now living in the streets of Kathmandu and have not received any of the support they were entitled to as conflict victims. The parents of Krishna have been carrying out hunger strike at gate of Prime Minister’s Residence, Baluwatar, Kathmandu. They have frequently been admitted at the hospital as their health is quickly deteriorating. They have been repeatedly arrested by the police to prevent them from holding a hunger strike in front of the Prime Minister’s official residence.

SUGGESTED ACTION:
Please join us by writing to the authorities listed below to ask for a prompt investigation into the murder of Krishna Prasad Adhikari, protection and compensation for his family.

Please be informed that the AHRC is writing a separate letter to the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition to ask for his intervention in this matter.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear ___________,

NEPAL: Conflict victims harassed and thrown out of their homes for seeking justice

Name of victim: Krishna Prasad Adhikari
Names of alleged perpetrators:
1. Chhabilal Poudel, 55, Fujel VDC-6, Gorkha district
2. Januka Poudel, Gorkha
3. Meghnath Poudel, 57, Fujel VDC-4, Gorkha
4. Bishnu Tiwari, 40, Fujel VDC-4, Gorkha, Tiwari Village
5. Subhadra Tiwari, 48, Fujel VDC-7, Gorkha
6. Sita Adhikari, 30, Fujel VDC-7, Gorkha
7. Kali Prasad Adhikari, 50, Fujel VDC-7, Gorkha
8. Himlal Adhikari, 34, Fujel VDC-7, Gorkha (Kali’s son)
9. Ram Prasad Adhikari, 27, Fujel VDC-7, Gorkha (Kali’s son)
10. Ram Prasad Adhikari, 30, Fujel VDC-7, Gorkha
11. Bhimsen Poudel, 30, Jirauna, Ratnanagar Municipality, Chitwan
12. Parashuram Poudel a.k.a. Ajib, 35, Paras Buspark, Bharatpur Municipality-9, Chitwan
Date of incident: 6 June 2004
Place of incident: Bakullahar Chowk, Ratnanangar Municipality-1, Chitwan district

I am writing to voice my deep concern regarding the murder of Krishna Prasad Adhikari by Maoist cadres during the conflict, a murder which has remained unpunished almost 10 years on.

According to the information we have received, a land dispute had arisen between the sons of Ghan Prasad Adhikari, the victim’s grandfather, regarding the sharing of the parental property in Gorkha, forcing Ghan Prasad to move out of the district to Chitwan. His eldest son, Nanda Prasad, the victim’s father, remained to cultivate the land and found himself under constant harassment from his neighbors, led by Chhabilal Adhikari, a local Maoist cadre, for doing so. The relatives repeatedly looted the crops, discouraged potential buyers, and filed a case against the family before what was then a “Village government”, run by the Maoists.

On 6 June 2004, Krishna Prasad Adhikari went to Chitwan to bring the money earned from the harvest to his grandfather. He had been followed by Ram Prasad Adhikari. At 3 pm, as he was walking through Bakullahar Chowk in Bharatpur, Chitwan, he was taken away by men on a motorcycle. Local people have reported seeing the abductors bringing Krishna back to Bakullahar Chowk at 8 pm and gunning him down. Nanda’s relatives from Chitwan have said that Krishna had first been tortured by the Maoists before being eliminated.

However, Nanda, Krishna’s father, was first informed by the police that his son had found death in a road accident and only came to learn the truth later when a local Maoist cadre from Chitwan informed him that his son had been “wiped out”. He said that the decision to wipe him out was taken as he was found to spy against the Maoists and that his brother had enrolled in the Nepal Army. However, those allegations were baseless and Nanda discovered that his neighbor, Chhabilal Poudel, had falsely informed the Maoists about those elements.

Nur, Krishna’s elder brother, applied to the Village Development Committee to investigate into the circumstances of his brother’s death, but the VDC had been turned into a Maoist Village Government with Chhabilal Poudel as its head and refused to investigate into the matter. Instead, Chhabilal Poudel and Subhadra Tiwari threatened the family that it would next be the turn of Nur to be wiped out if they did not keep silence.

Nanda filed two separate complaints on 11 December 2005 to the District Police Office, Chitwan to ask for investigation into his son’s murder, naming the alleged perpetrators, but the police has not conducted any investigation in the case as the perpetrators were connected to the Maoist party.

The family has applied to the National Human Rights Commission for compensation and on 5 April 2009 the Commission decided to recommend to the government to provide them with Rs. 300,000.00 as compensation, to rehabilitate them to their home and ensure their security. To date, I am surprised to hear that they have not received compensation, no step have been taken to give them their home back or to protect them from threats and attacks.

As the investigation into their son’s murder was not making any progress, they have also applied separately to the District Administration Office, Chitwan, the District Police Office, Gorkha, the Ministry of Peace and Reconstruction and the President’s Office for justice but have not received any responses from these authorities. The alleged perpetrators are now working as personal assistants for the wife of Baburam Battarai, former Prime Minister of Nepal and stay in his official residence.

I am further concerned to hear that the victim’s family, including Nur and his parents, has been displaced from their home. Even after the peace agreement, the alleged perpetrators looted their house, exploited their lands and killed their cattle. They are now living in the streets of Kathmandu and have not received any of the support they were entitled to as conflict victims. The parents of Krishna have been carrying out hunger strike at gate of Prime Minister’s Residence, Baluwatar, Kathmandu. They have frequently been admitted at the hospital as their health is quickly deteriorating. They have been repeatedly arrested by the police to prevent them from holding a hunger strike in front of the Prime Minister’s official residence.

I therefore urge you to intervene in this case to demand that the investigation into the allegations of murder go ahead promptly and independently and the perpetrators must be brought to justice in proceedings upholding international standards. The victim’s family should be provided protection and anyone found involved in threatening, harassing or attacking them for searching justice should be brought to justice. The victim’s family should be provided compensation and access to their land, as recommended by the National Human Rights Commission.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Khil Raj RegmiChairman
Council of Minister
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Madhav Prasad Ghimire
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232

3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Attorney General of Nepal
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneraal.gov.np

5. Mr. Kuber Singh Rana
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)