Nepal: Extrajudicial execution and injury

Case NPL 130206

Extrajudicial Execution / Injury

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 Informal Sector Service Center (INSEC), a member of the OMCT network, about the death of Mr. Umesh Thapa (45), proprietor of Swargadwari Press and district council member of the Communist Party of Nepal (CPN/(UML)), and injury of Mr. Krishina Giri (55), of Dharna-4; Dang of Nepali Congress, on 8 February 2006 at 12.30 pm at Super Lodge Road, Ghorahi, Dang.

According to the information received, Mr. Umesh Thapa and Mr. Krishina Giri were shot on 8 February 2006 by the Royal Nepalese Army (RNA). At the time of the incident the two men were on their way to participate in a peaceful demonstration, together with 15 other political activists, against the municipal election. The RNA personnel approached the men from the opposite direction with two vehicles and opened 25-30 rounds of fire at them, resulting in the death of Mr. Thapa. The security force refused until 10 February 2006 to hand over the dead body of Mr. Thapa to the family, thereby making it impossible to have the funeral within 24h as the Hindu tradition prescribes. Mr. Giri was allegedly shot in the chest and leg and is currently being treated at Bheri Zonal Hospital at Nepalgunj. After the incident, the RNA collected and took away all the bullets fired by them on the mass.

It is reported that on 7 February 2006, the day previous to the shooting, Home Minister Kamal Thapa’s had ordered to open fire on demonstrators on the day of election.

OMCT holds no further information on the 15 political activists.

The International Secretariat of OMCT expresses its deep concern over the shooting resulting in the death of Mr. Umesh Thapa and the injury of Mr. Krishina Giri.

Action Requested:

Please write a letter to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Krishina Giri.
ii. Guarantee that adequate compensation is awarded to Mr. Umesh Thapa’s family.
iii. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal
  c/o Permanent Mission of the Kingdom of Nepal to the United Nations, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 733 27 22; E-mail: mission.nepal@ties.itu.int
  
• Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@ntc.net.np

Please also write to the embassies of Nepal in your respective country.

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Geneva, February 13, 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.