Rape of a minor girl/ Risk of impunity

The International Secretariat of the World Organisation Against Torture (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 a reliable local source, about the violent attack and rape of 15-year-old B.G.C. by an army member and a civilian, in Latikoili VDC –1, Surkhet district, on 19 July 2007.

According to the information received, B.G.C. was taking the micro bus to return to home from her relatives’ house in Latikoili, when Ram Narayan Bhattari, an army personnel working in Midwestern Divisional Army Headquarter, Banke district, and Yadav Thapamagar, a civilian friend of Ram Narayan, came to sit near her and began questioning her. After learning B.G.C’s name and address, the two men followed her off the first bus, and tried to persuade her to take a separate vehicle home with them, as they insisted they lived nearby. When B.G.C. got onto a second bus, the men followed her there as well.

Reports indicate that Ram Narayan and Yadav then convinced B.G.C. to get off the bus, saying they would just get a snack and the men would then drop her at home. However, as soon as they were off the bus, B.G.C. realized she had been misled. At this point, Yadav grabbed her and dragged her to the ground. B.G.C. was then threatened and told she would be killed if she made any noise.

Although B.G.C. tried to fight off her assailants, she was still violently attacked by both men. Yadav raped her first, while Ram Narayan kept watch on the road and some while later, B.G.C. was also raped by Ram Narayan. After the rape, the men left her naked and alone in the jungle.

B.G.C. managed to walk back to a bus and happened to get a seat next to a nurse from the Bheri Zonal Hospital. The nurse then took her to an NGO, Maiti Nepal, in Nepalgung. Maiti Nepal took her for a medical check up, with the help of the District Police Office (DPO) in Banke district. The statement given to this office was then forwarded to the DPO in Surkhet. The next day B.G.C. was taken to the Bheri Zonal Hospital for medical check up, which clearly showed that she had been the victim of a rape.

On 3 August 2007, B.G.C., with the help of the NGO Advocacy Forum, was able to register a First Information Report (FIR) against the assailants, with the DPO in Surket. While the victim did face some opposition in the filing of this report, allegedly due to the involvement of army personnel, it was finally accepted.

According to the information received, an arrest warrant has been issued for civilian Yadav Thapamagar but he still has not been arrested. The DPO, Surkhet, requested that army authorities hand Ram Narayan over to police for the investigation and he is currently in police custody.

The International Secretariat of OMCT is gravely concerned about the brutal rape of B.G.C. and the consequences to her physical and psychological integrity. OMCT recalls that according to the Declaration on the Elimination of Violence against Women the Nepal shall “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons” (article 4.c).

OMCT would also like to recall the government of Nepal, as a State Party, its duty under the UN Convention on the Rights of the Child according to which it “shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse” (article 19 (1)) and it shall “protect the child from all forms of sexual exploitation and sexual abuse” (article 34).

Action requested:

Please write to the authorities in Nepal urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of Ms. B.G.C;
2. Order an immediate, thorough and impartial investigation into these events in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate rehabilitation and compensation is awarded to the victim;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211/ 4211229, Fax: 97714211232 Email: moha@wlink.com.np
• Mr. Baman Prasad Neupane, HR Cell, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206, Fax: +977 1 4211266
• Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np
• Jag. Brigadier General Mr. Birendra Prasad Aryal, Human Rights Directorate, Nepal Army Headquarter, Bhadrakali, Kathmandu, Nepal, Tel: +977 1 4 245 020 / +977 1 4 238 219, Fax: + 977 1 4 245 020, E-mail: humanrights@nepalarmy. mil.np , na_humanrights@yahoo.com
• Mr. Om Bikram Rana, Inspector General of Police, Police Head Quarters, Naxal, Kathmandu, Nepal, Fax: +977 1 4415593, Email: info@nepalpolice.gov.np
• SP Nava Raj Silwal, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax : 9771415593 E-mail: hrcell@nepalpolice.gov.np
• Ambassador Acharya, Gyan Chandra, Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• Ambassador Thata Yarayan, Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58/ 346 66 38, Fax: +32 2 344 13 61, E-mail: rne.bru@skynet.be
• Pulchowck, Lalitpur, Chairperson, National Human Rights Commission, Nepal, Fax: +977 1 55 47973, Email: complaints@nhrcnepal.org/ nhrc@nhrcnepal.org

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

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Geneva, 10 August 2007.

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