Situation report On use of force by Police during recent movement declared by 30-Party Alliance

Information compiled by: Terai Human Rights Defenders Alliance (THRD Alliance).

Date: 20 January 2015

Background

After the collective failure of first Constitution Assembly (CA) in Nepal the nation was compelled to have another CA election. During the second CA election, the political parties declared a self imposed deadline of bringing a new constitution in one year and as per their pledge, the CA prepared its calendar declaring that a new constitution would be promulgated on 22 January 2015. All the major political forces had been saying that they would try to bring a new constitution on the basis of consensus. But as the time to promulgate the constitution neared, the gulf between the ruling and opposition parties on the content of the constitution has widened.

The ruling parties -Nepali Congress and CPN-UML- are saying they would bring the constitution through majority voting. As chances of forging consensus on the disputed issues of constitution appeared slim, a 30-Parties Alliance of opposition parties has announced general strike on different dates throughout the nation to oppose ruling parties’ preparation to bring a new constitution through voting.

The opposition’s alliance protests have been largely peaceful but the THRD Alliance monitors found that during the strikes people’s human rights were violated and force was used in different districts of Nepal.

Protest in different Districts 

The 30 parties' alliance declared Terai-Madhes strike on 12 January. Supporters of the organizers staged torch rallies in almost all the district of the Terai on 11 January on the eve of the announced Terai-Madhes strike.  THRD Alliance found violations of citizens’ right to protest in Kalaiya, Bara District on 11 January. A dozen of protestors were injured when police resorted to baton charge.

Pramod Gupta who is a member of the Madhesi Janadhikaar Forum-Nepal (MJF-N) was one of those injured.  On 12 January, almost all the districts of Terai observed strike. In Janakpur, Dhanusa district the cadres of different political parties representing the 30-party alliance marched on the road to make the announced strike successful.

During the protest at Bhramarpura Chowk, Janakpur, Rajaram Jha-26 who was the local resident of Ekrahiya, Mahottari died. The protestors claimed that he died due to police beating but Nepal police said he died of a heart attack. Post mortem of the dead body was done by a team of doctors at Janakpur Zonal Hospital. As of 20 January, the report has still not been disclosed.

The organisers announced a strike the next day (13 January) to protest against police brutality. The protestors were angrily demanded to declare Jha a martyr. During this protest the protestors burned a Discover motorbike under the possession of Nepal Police.

Three women among the protestors were beaten up and the police fired three rounds of tear gas, the protestors claimed. Santoshi Mahato, a police Constable of Area Police Office Dhalkebar, Dhanusa was injured after the protestors hurled stones at police. 

THRD Alliance has found excessive use of force by the police in Bhairahwa, Rupandehi District on 12 January. Rajesh Ranjan Verma the District Coordinator of Terai Madhes Democratic Party (TMDP) had his hand fractured when police resorted to baton charge, the protestors claimed. 

In Banke District, three protestors were picked up from Kohalpur and detained in the Area Police Office Kohalpur. The three protestors had pelted stones at different vehicles, Nepal Police claimed. The names of the three protestors are:

1.         Ram Prasad Giri- from Kohalpur,12, Banke

2. Mahesh Basnet- Kalagaun,9, Salyan

3. Dulu Budha- Sirish Gaun,8, Mugu

Use of force from Nepal Police was also seen in Siraha.

As the opposition parties’ alliance declared general strike on 13 January, police escorted the night buses in Siraha. As buses were being escorted by the police,  some protestors pelted stones at the buses after which the police resorted to baton charge. In this incident, Prayag Yadav, a local leader of MJF-N, Rajkumar Shah, and a local leader of UCPN-Maoist were injured. Shah had his leg fractured and Yadav has bruises on his back, legs and thigh. Police confiscated a digital camera of Dilip Singh. Singh is the local reporter of Naya Patrika (a daily newspaper). Police seized his camera without saying anything, Sing claimed.

After these incidents in the Terai, January 19 was declared as the Balidaani dibas (remember the martyrs) and accordingly yesterday, Alliance For Independent Madhes (AIM) had organized a programe in Lahan, Saptari to give tribute to the Martyrs for which a welcome gate was constructed and Sahid Chowk was decorated. Nepal Police (NP) destroyed all the decoration and the welcome gate there and did not let the people enter the venue, according to THRD Alliance members. CK Raut- the coordinator of AIM was picked up by Police at 4:30 pm from the venue after which the situation deteriorated. People started hurdling stones at the police and consequently police fired 6 round of tear gas to scatter the mass. Raut was dropped at his home at 9:30 pm by the Police on the same day.

The van of Kantipur News Paper has been torched on by the protestors in Mirchaiya, Siraha. The protestors also put on fire the District Party Office of CPN-UML in Rajbiraj, Saptari during the ongoing strike today 20 January.