Nepal
12.11.03
Urgent Interventions

Nepal: extrajudicial execution of Rajeev Shretsha, 21 years old, by army personnel

Case NPL 121103
Extrajudical execution


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 INSEC, a member of the OMCT network, that Rajeev Shrestha was shot dead by army personnel in Nepal.

According to the information received, on the afternoon of November 7th, 2003, Rajeev Shrestha (age 21) was shot and killed by army personnel after the car he was driving collided with an army college bus. The army personnel also manhandled another passenger of the car. Rajeev, who was at the wheel, died instantly after the bullet, fired from outside the car, went straight through his chest. Army personnel at the site of the accident refused to disclose the identity of the shooter.

The passengers of the bus were college students and three security guards who are reported to be fine. The bus sustained minor damages while the front of the car was heavily damaged. The car, belonging to Rajeev's friend Amir Shrestha, was later towed away by a crane with the registration number Ba.1.Ja 750.

A passenger in his car, Shrestha's friend (who wishes to remain annonymous), states that one security guard immediately climbed out of the bus and shot Rajeev. They report that they were then pulled out of the vehicle and beaten unconscious. Satish Tamand, a nearby shopkeeper, also witnessed the accident. He reports having heard the gunshot and then seeing army personnel "bashing up" one of the passengers from the car.

Rajeev's uncle Narendra Shrestha, 34, was waiting nearby for Rajeev to return with the vehicle and went to the accident site after hearing a gunshot. He reports: "By the time I reached there, Rajeev was already dead. On top of that, the army personnel were aiming his gun at him threatening to fire another round of shot. He was stopped from doing so by another security personnel."

Army spokesman Colonel Deepak Gurung claims that an investigation is underway. He also reports that the shooting occurred when the driver tried to run away from the scene of the accident.

The International Secretariat of OMCT is gravely concerned by the death of Rajeev Shrestha and urges that an impartial investigation into the circumstances of this event be ordered in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also requests that the family of the victim be awarded adequate compensation.

Action requested

Please write to the authorities in Nepal urging them to:

i. guarantee that adequate reparation is provided to the victims of these abuses;
ii. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and 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

· 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

· Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal, Fax: + 977 1 4 415 593 / 415 594

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

Geneva, November 12th, 2003

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