March9,2012
Ms. Sushila Sirpali (Thakuri)
Mid Baneshwor, Kathmandu, NepalRe: NEPAL: A Dalit man stabbed to deathDear Chairperson of National Dalit CommissionAll are permanent residents of Teli Village Development Committee, Ward No-2, Dhanighau, Dailekh district
Names of alleged perpetrators:6. Nine other unidentified personsDate of incident: 30 August 2011Place of incident: Sete Damai’s home in Teli Village Development Committee, Ward No-2, Dhanighau, Dailekh districtI am writing to voice my deep concern regarding the caste based murder of Sete Damai and the threat on his family members by so-called upper caste people in Toli Village Development Committee (VDC), Ward No-2, Dhanighau of Dailekh district. According to the information provided by the Asian Human Rights Commission (AHRC), Sete Damai was stabbed to death by a gang of masked men believed to be from the family members and relatives of Raj Kumari Shahi who got inter-caste marriage with Sete Damai’s youngest son Santa Bahadur Damai, 22, on August 13, 2011 on mutual consent.According to the same information Sete and his family members were attacked at around 9.30 pm on August 30, 2011. The attackers accused the family of luring Raj Kumari to marry Santa Bahadur. Wounded on his chest with a curved knife Sete took his last breath on the hospital bed of Surkhet District Hospital at around 9 pm the following evening. Immediately after his admission in the hospital he was declared dead by the doctor.Earlier on August 15, 2011, the same group had randomly beaten Santa and his family members asking them to tell where Santa had taken the girl after they eloped from their homes. Requesting for investigation into the case, legal action against the perpetrators and protection of victims, Sete’s sister Pabitra had filed an FIR at Area Police Office on the same day but the police who were investigating the case didn’t take action against the perpetrators but listen quietly even when the perpetrators threatened the victims to kill all the family members in front of them. Encouraged by police inaction the perpetrators continuously threatened Sete’s family that resulted into Sete’s death.First time on 18 May 2011 Santa and Raj Kumari had ran away from their homes and hid in Tusarghari forest for one night but were caught by Raj Kumari’s family and relatives on the next day. The same evening a meeting of senior villagers, which is a traditional practice mediation of the village but not legal committee, called Santa’s family for the meeting and blamed the family luring Raj Kumari to marry Santa. In the meeting, it was decided to fine Santa’s family with Nepali rupees 1000 (USD 12.82) and a goat. Further, Santa and Raj Kumari were forcibly separated and not to see each other in the future.Second time, after continues mental pressure by the family members and relatives of Raj Kumari, the couple ran away from their homes on August 13, 2011 and got married. On August 30, 2011 they returned to Santa’s home but knowing their return to the village, a group of masked men including Bindakala Shahi who hatched the plan to attack Sete’s family, Jivan Shahi, Krishana Khatri, Dilli Khatri, Suvash KC including other 9 persons came to Santa’s home at around 9.30 pm on the same day and attacked on the family that lead to death of Sete Damai.After his father’s murder, Santa, on September 1, 2011,registered the case at District Police Office, Dailekh under Article 13 (3) of Civil Code (Muluki Ain, 2020) of Nepal, 1963 which is concerned about right to life, against Bindakala Shahi, Jivan Shahi, Krishana Khatri, Dilli Khatri, Suvash KC including other 9 suspects. The police has arrested and put nine of the suspects in custody of District Police Office, Dailekh for further investigation. Five of them were sent to jail for trial.Still the threat on late Sete Damai’s family continues. As a continuation of perpetration Sete’s eldest son Nara Bahadur Damai was ambushed and beaten up by five masked men on 14 February 2012. Nara Bahadur testified that the assailants punched and kicked him. They further threatened him to kill with a knife saying that he would repeat the fate of his father if he reported the incident to the police. The next day he filed the case at the police station, but the perpetrators have not been identified.The dalits are facing problems in access to justice and protection. The police failure to act on time in the complaints made by Pabitra, not taking seriously to the threat made in front of police to kill all the family members of victim, inability to act on time in the report of mortal attack and need of immediate medical support to the victim, the lackluster police arrived to the incident place only after nine hours from hardly one hour on foot distance, lackluster investigation even after six months of the incident put the victims into frustration to get justice and fears reprisals from the perpetrators. The police are not taking the complaints made of dalits until and unless there is human loss or serious human rights violations.Even after six month of registration of their inter-caste marriage the government has not provided them rewards of Nepali rupees 1, 00, 000.00 (US$ 1282) as per government policy to promote inter-caste marriage and support them to live respectful life by providing the amount within 30 days of marriage registration. This is in spite of the Finance Minister writing a letter to the Home Minister stating that the policy is still continuing.As the authorities concerned have failed to investigate into the case, punish the perpetrators as per law and provide justice and compensation to the victim, the couple has moved to Kathmandu seeking protection, justice and compensation. Still late Sete’s family is under threat by the perpetrators.In light of the pattern of improper investigations and lack of prosecutions of previous cases of violence based on caste in Nepal, I fear that this case will not be properly investigated and that the perpetrators may not be brought to justice.In addition, in cases involving caste-based discrimination and violence, the power relationship is distorted in favour of the perpetrators and the complainants routinely face harassment, threats and attacks to force them to drop their complaints. It is the state responsibility to balance this power relationship by protecting the victims when they face threats to ensure that the justice process can follow its due course. The police’s lack of reactivity to the threats uttered against the victims may result in further attacks and prevent the victims from getting justice. I know that cases of caste-based violence in which the victims are threatened or attacked into withdrawing their complaints are routine in Nepal and I am therefore of the opinion that it is the state duty to ensure this does not happen in this case.Therefore, I request the government and authorities concerned to provide protection to the victims during the length of the judicial process and eye-witnesses and launch a thorough and impartial investigation into the case resulting into legal action against the perpetrators and justice and compensation to the victims.
