Nepal
27.11.03
Urgent Interventions
Nepal: failure of the army to bring killer to justice
Case NPL 121103.1
Follow-up of Case NPL 121103
Extra-judicial execution / Impunity
Geneva, November 26th, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Nepal.
New information
The International Secretariat of OMCT has been informed by a reliable source of the failure of the Royal Nepalese Army to bring the person responsible for the extra-judicial execution of Rajiv Shrestha to justice in Nepal.
According to the information received, the Royal Nepalese Army (RNA) have admitted that the soldier who shot and killed 21-year old Rajiv Shrestha in Kathmandu on November 7th, 2003, following a car accident between that in which he was travelling and an army college bus, was wrong to do so and that he would be charged in the military court.
OMCT recalls that, on the afternoon of November 7th, 2003, Rajeev Shrestha was shot and killed by an army personnel after Shrestha's car hit an army college bus. Rajeev, who was at the wheel, died instantly after the bullet fired from outside the car's window went straight through his chest. The army personnel also beat another passenger of the car until he fell unconscious. Army personnel at the site of the accident refused to disclose the identity of the shooter.
Despite the spokesperson for the Royal Nepalese Army Colonel Deepak Gurung's assurances that the RNA was carrying out an investigation and that "once the probes are completed, we will take the necessary actions," there are serious concerns that the perpetrator of the extra-judicial execution risks escaping with impunity, as, amongst other things, he is to be tried before a military court. Our sources argue that, as the killing occurred in public, he should be tried by a civil court. Furthermore, the National Human Rights Commission has been critical of the RNA concerning several recent cases of organised and systematic violations of human rights, and has recommended actions against the guilty, but the government has not heeded any of them, citing the ongoing military inquiry into each case. The NHRC claims to "have not received any information about the official actions on these cases," giving rise to fears that the perpetrator in this most recent case will also not receive appropriate sanctions.
The International Secretariat of OMCT is gravely concerned by the risk that the member of the Royal Nepalese Army responsible for the extra-judicial execution of Rajeev Shrestha will not be brought to justice, and this despite RNA admissions of wrongdoing. OMCT is concerned by the fact that the current investigation and a potential military trial of the person found to be responsible is unlikely to result in appropriate sanctions. OMCT therefore urges the Nepalese authorities to launch a prompt and impartial investigation into the circumstances of this event, in order to identify those responsible, bring them to trial before a civil court and apply the penal and/or administrative sanctions as provided by law. OMCT also urges the authorities to provide the victim's family with adequate reparation.
Brief reminder of the situation
Following the car accident on November 7th, 2003, the passengers of the bus were college students who are reported to be fine. There were also three security guards in the bus. The bus itself sustained minor damage 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.
Shrestha's friend (who wants to remain anonymous), was a passenger in his car at the time of the accident and reports that one security guard of the bus climbed out immediately after the accident and shot Rajeev. He reports that he was pulled out of the vehicle following the accident and beaten until he fell unconscious. Satish Tamand, a shopkeeper near the site of the incident, 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 near the garage 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 was 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 had claimed that an investigation was underway. He also reported that the shooting occurred when the driver tried to run away from the scene of the accident.
Action requested:
Please write to the authorities in Nepal urging them to:
i. 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;
ii. guarantee that adequate reparation is provided to the victims of these abuses;
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
Please also write to the embassies of Nepal in your respective country.
Geneva, November 26th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case NPL 121103
Extra-judicial execution / Impunity
Geneva, November 26th, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Nepal.
New information
The International Secretariat of OMCT has been informed by a reliable source of the failure of the Royal Nepalese Army to bring the person responsible for the extra-judicial execution of Rajiv Shrestha to justice in Nepal.
According to the information received, the Royal Nepalese Army (RNA) have admitted that the soldier who shot and killed 21-year old Rajiv Shrestha in Kathmandu on November 7th, 2003, following a car accident between that in which he was travelling and an army college bus, was wrong to do so and that he would be charged in the military court.
OMCT recalls that, on the afternoon of November 7th, 2003, Rajeev Shrestha was shot and killed by an army personnel after Shrestha's car hit an army college bus. Rajeev, who was at the wheel, died instantly after the bullet fired from outside the car's window went straight through his chest. The army personnel also beat another passenger of the car until he fell unconscious. Army personnel at the site of the accident refused to disclose the identity of the shooter.
Despite the spokesperson for the Royal Nepalese Army Colonel Deepak Gurung's assurances that the RNA was carrying out an investigation and that "once the probes are completed, we will take the necessary actions," there are serious concerns that the perpetrator of the extra-judicial execution risks escaping with impunity, as, amongst other things, he is to be tried before a military court. Our sources argue that, as the killing occurred in public, he should be tried by a civil court. Furthermore, the National Human Rights Commission has been critical of the RNA concerning several recent cases of organised and systematic violations of human rights, and has recommended actions against the guilty, but the government has not heeded any of them, citing the ongoing military inquiry into each case. The NHRC claims to "have not received any information about the official actions on these cases," giving rise to fears that the perpetrator in this most recent case will also not receive appropriate sanctions.
The International Secretariat of OMCT is gravely concerned by the risk that the member of the Royal Nepalese Army responsible for the extra-judicial execution of Rajeev Shrestha will not be brought to justice, and this despite RNA admissions of wrongdoing. OMCT is concerned by the fact that the current investigation and a potential military trial of the person found to be responsible is unlikely to result in appropriate sanctions. OMCT therefore urges the Nepalese authorities to launch a prompt and impartial investigation into the circumstances of this event, in order to identify those responsible, bring them to trial before a civil court and apply the penal and/or administrative sanctions as provided by law. OMCT also urges the authorities to provide the victim's family with adequate reparation.
Brief reminder of the situation
Following the car accident on November 7th, 2003, the passengers of the bus were college students who are reported to be fine. There were also three security guards in the bus. The bus itself sustained minor damage 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.
Shrestha's friend (who wants to remain anonymous), was a passenger in his car at the time of the accident and reports that one security guard of the bus climbed out immediately after the accident and shot Rajeev. He reports that he was pulled out of the vehicle following the accident and beaten until he fell unconscious. Satish Tamand, a shopkeeper near the site of the incident, 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 near the garage 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 was 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 had claimed that an investigation was underway. He also reported that the shooting occurred when the driver tried to run away from the scene of the accident.
Action requested:
Please write to the authorities in Nepal urging them to:
i. 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;
ii. guarantee that adequate reparation is provided to the victims of these abuses;
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
Please also write to the embassies of Nepal in your respective country.
Geneva, November 26th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.