Case NPL 140607.VAW.CC
VIOLENCE AGAINST WOMEN / CHILD CONCERN
Rape / Police Abuse
Geneva, 14 June 2007.
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 rape, by members of the police, of 14-year-old, mentally disabled, K.K. in Mahendranagar, Kanchanpur.
According to the information, on 4 June 2007, K.K. was on her way to visit family when she was coerced into accompanying a police constable, Harendra Chand. Harendra Chand and Rekham Shahi, also a police constable, threatened and raped K.K. all afternoon. Then the two men left K.K. at the home of another police constable, Janak Mahatara, and his nephew Tirtha Danga, came to the home that evening and proceeded to rape K.K. throughout the entire night.
It’s been reported that Janak Mahatara’s wife was home when the rape occurred, but instead of attempting to help K.K., or at the very least reporting the crime, she herself assaulted the victim. The morning following the rape, Mahatara’s wife, Radhika, tore off K.K.’s clothes and accused her of attempting to become Janak’s second wife. Radhika then brought her into a police station where they were both interrogated for hours.
K.K. was later taken to Mahakali Zonal Hospital for a medical examination in Kanchanpur. Police are refusing to release this report, however, the conclusion from the examination was that K.K. had been raped. Advocacy Forum, a local NGO, met with the victim and did provide her with follow up medical treatment. K.K. was bleeding from her uterus even several days after the incident. The doctor who examined her prescribed medication for her physical injuries, and K.K. will be leaving the district soon for a mental check up as a result of the assault.
Two of the perpetrators of this rape, Resham Shahi and Tirtha Dangi have been arrested, charged with rape and detained. Harendra Chand and Rekham Shahi escaped from the district where the crime was committed. While warrants have been issued for their arrest, police have been passive in attempting to arrest the remaining perpetrators.
The International Secretariat of OMCT is gravely concerned by the rape of K.K. and the consequences to her physical and psychological integrity. OMCT recalls that according to the Declaration on the Elimination of Violence against Women 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:
i. Take all necessary measures to guarantee the physical and psychological integrity of K.K.;
ii. Pursue a thorough and impartial investigation into these events in order to bring all those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Guarantee that adequate rehabilitation and compensation is awarded to the victim;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
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, 14 June 2007.
