Rape of a woman and a 13-year-old girl in Siraha district

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 Informal Sector Service Center (INSEC), member of SOS Torture network, and a reliable local source, about the rapes of a woman and a 13-year-old girl, and the subsequent attacks on Women’s Rehabilitation Centre (WOREC) staff affiliated with the aforementioned cases in the Govindapur community, Siraha district, Nepal.

1.) According to the information received, Ms. Nipur Devi Yadav, was raped and brutally beaten on 19 April 2007. Instead of supporting her, and helping to bring the perpetrator to justice, Ms. Yadav’s community has labelled her “a woman with loose character,” and condemned her for coming forward.

Ms. Nipur Devi Yadav was with her husband, when six men entered their home, allegedly to help settle the Yadavs’ domestic dispute. However, instead one of the men violently raped Ms. Nipur Devi Yadav in the presence and acquiescence of the other five. Following the attack, most local villagers refused to help bring her to a hospital, despite her battered state. WOREC, finally getting help from a few bystanders, was able to get her admitted to a hospital.

While police were called, the case could not be registered locally because of local pressure to settle it within the community.

2.) Similarly, according to the same information, 13-year-old, Santoshi Kumari Mahato, was raped on 16 May 2007. She is also being slandered and facing community pressure to keep the incident quiet.

Santoshi Kumari Mahato was lured with 20 Rs and the promise of work, by Dyani Chaudhary and Dinesh Yadav. However, instead the men took her to an orchard where she was raped by Dyani Chaudhary, while Dinesh Yadav helped and watched.

In an effort to keep the attack quietly within the community, all of the evidence was destroyed immediately – Santoshi Kumari Mahato’s clothes were washed and she was prevented from immediately getting a medical examination.

WOREC intervened and called the police, who located and arrested the perpetrator. He was imprisoned, and Santoshi Kumari Mahato was taken for a medical examination. However, because this exam was delayed, no evidence could be found, and local pressure forced the release of the perpetrator.

A local meeting is scheduled for 9 June 2007, however, the perpetrator did not participate in the first two scheduled meetings.

Because of fear of their community, Santoshi Kumari Mahato’s family does not want her taken to a safe shelter or hospital. Her case has not been officially registered.

Background information:

Both of these crimes were committed in the area of the Govindapur community in Nepal and they are representative of widespread violence as different Maoist splinter groups are in constant conflict making security a serious issue. In fact, the police often say that they cannot come to the scene of a crime for security reasons.

Women are criticized when they bring their cases to the police and the community puts huge amounts of pressure on them to settle their affairs internally. For their part, human rights defenders in this region are at great risk. Women’s Human Rights Defenders, especially, are at an increased risk in this region. When WOREC intervened in these cases, their office and their staff came under attack themselves. The members involved in the cases above have faced threats of death, rape, kidnapping, shooting and beating. They fear for their lives.

The International Secretariat of OMCT is gravely concerned about the attacks on Nipur Devi Yadav and Santoshi Kumari Maha and the consequences to their 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. Nipur Devi Yadav and Santoshi Kumari Maha;
2. Order thorough and impartial investigations into these events in order to identify all of those responsible, bring them 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 victims;
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:

• Prime Minister Girija Prasad Koirala, Prime Minister’s Office, Singha Durbar, Kathmandu, Nepal. Fax: +997 142 27286
• Home 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, Government of Nepal 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
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.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

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

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Geneva, 8 June 2007.

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