Incident Reports

THRD Alliance: Terai HR Situation Update - Arrest of Madhesi Demonstrators

2016-02-21

Bagmati, Kathmandu, Kathmandu

Following the end of strikes since February 8, 2016, we have observed a systematic trend of charging with false cases against the frontline Madhesi demonstrators at districts level by law enforcement agencies of the government. The trend is serious in a way that these local leaders who were active during the five-month-long protests have now been facing legal hassles. There is no moral and legal support for them and they are now compelled to face intimidation from the state security agencies. Against the backdrop, this situation update takes this issue of fair trial which is a fundamental issue of human rights. On top of that, this trend of charging and filing false cases against the local Madhesi leaders could push Terai once again on the path of violence. Immediate intervention is needed to foil this trend keeping Madhesi parties leaders in criminal cases without any proper investigation and without having prima facie evidence. It seems that these charges are politically motivated and conspired to discourage decent political activities in Terai in the days to come. Local demonstrators in Mahottari district have been protesting the arrest of their colleagues citing false charges against them. They have been demanding the release. No one should escape from the criminal liabilities as zero tolerance of impunity should be strongly enforced. However, the security forces should not manipulate the criminal investigation system to target certain political or ethnic groups.

An evidence-based criminal investigation should take place not the politically motivated trend of keeping a large number of names in the FIR and then issuing the arrest warrant like in the case of Assistant Sub-Inspector Thaman BK’s killing. No doubt, the killing of security personnel should be investigated and perpetrators should be booked. However, recent actions against Madhesi demonstrations only, the government authorities have not taken any action against the killing of 41 persons (of which 22 were bystanders). Neither the state’s Constitutional body National Human Rights Commission has made public its investigation reports nor publicly visible actions against those involved in the killings of demonstrators and bystanders have been taken so far.

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