THRD Alliance has been constantly and closely monitoring the developments following the Tikapur incident[1] in August 2015. Twenty-three persons, who have been indicted in the case, have been languishing in judicial custody since the past 30 months and another accused Rastriya Janata Party lawmaker Resham Chaudhary, who had surrendered before the District Court Kailali has also been sent to judicial custody after he surrendered himself on 26 February 2018. These 24 accused have been staging a hunger strike in judicial custody since March 4.
THRD Alliance believes in ending impunity and proper investigation of all kinds of killing and prosecution of those indicted for criminal offences. However, fair trial should be ensured in such a manner that there are no political and ethnic biases in criminal investigation and prosecution process. Taking this principle as a core value of THRD Alliance, we would like to reiterate, calling on the government authorities, to expedite protesting accused’s trial proceedings and ensure their right to health and life while in judicial custody.
We also urge the authorities to respect the mandate of the majority of people who voted for Resham Chaudhary and follow due process to hand him over the certificate of election victory.
This situation update/analysis serves the follow up of THRD Alliance’s earlier updates on the similar issue.
Background
Today is the fifth consecutive day that Resham Chaudhary and other 23 accused of Tikapur incident have been staging a hunger strike in judicial custody. They began their fast-unto-death sit-in on 4 March 2018.
In the recent-held parliamentary elections, Resham, the main accused in the Tikapur incident of August 2015, has won with a huge margin. Although he won the elections, the Election Commission of Nepal refused to hand him over the certificate of election victory without any legal basis.
A total of 58 people, including Resham Chaudhary have been accused in the Tikapur incident, that took place on 24 August 2015 in the face of opposing movements between the two groups – one campaigning for the undivided Far West and another campaigning for Tharuhat province in Kailali and Kanchanpur districts. Nine people including eight police personnel and one child were killed in the incident. The next day, houses and shops of Tharu people were burnt even when the curfew was imposed by the local administration.
Out of total 58 accused, police have arrested 26 people, including Resham Chaudhary. Fifty-seven are members belong to Tharu community and one belongs to Muslim community. Among those 26 detained, 24 are in judicial custody at Dhangadhi prison while other two juvenile accused are in Child Correctional Home in Pokhara.
Supreme Court Orders for Trial
Resham had been absconding since the past 30 months following the Kailali incident. After the Supreme Court paved way for his trial on 24 February 2018, he surrendered before the court on 26 February 2018. The court sent him to judicial custody on the same day.
The Supreme Court passed an order on 24 February 2018, stating that the newly elected member of Parliament Resham Chaudhary has to face trial in the case before he is handed over the election victory certificate. “If an accused, who has deliberately disobeyed or evaded a court procedure, is allowed to avail of the state’s services and to use his/her rights through an avenue that is not supported by law, then there will be impunity,” read the order passed by a single bench of Justice Tanka Bahadur Moktan[2].
The bench argued, “The petitioner, who has a clear knowledge of him being indicted in a murder case, clearly appears to have disobeyed the arrest warrant issued against him.”
Earlier, the Election Commission had refused to issue Resham Chaudhary’s election victory certificate to his wife who was authorised by him to receive it. Thereafter, a petition was filed at the Supreme Court seeking to receive his election victory certificate through his wife. However, Chief Registrar Nahakul Subedi refused to register the petition. The Supreme Court validated its Chief Registrar Subedi’s refusal order attached to his petition. Following the SC’s order, Resham Chaudhary surrendered himself before the District Court, Kailali.
Ill-treatment in detention reported and delay in trial proceedings
Accused Resham said that he is facing ill-treatment in the prison. He said that the door of his cell was being locked from outside from 6 pm to 6 am. He added that his activity was being strictly monitored and he faced restriction in meeting his well-wishers.
He said:
The state has been discriminating against me. Why were the cases not filed against Nawa Raj Silwal, Prachanda and Oli? But the state is treating us differently. If the state wants us to die during hunger strike then we are ready for it. We have been sitting on fast- unto- death since Sunday, and till today, no government authority has visited us.
The health conditions of the hunger strikers have been deteriorating. They are feeling dizziness and they cannot speak due to weakness. Until 7 March 2018, provisions have been made only for the monitoring of the protesters’ blood pressure. No other health facilities have been provided to them.
Protesting detainees have said that the state has discriminated against them. President of Tharu Kalyankarini Sabha, Kailali Lahuram Chaudhary who has been languishing in judicial custody since last 30 months said that they were being treated as criminals. This contradicts with the constitutional provisions.
Article 18 of the Constitution stipulates that all citizens will be treated equally before the law and Article 20 (5) of the Constitution stipulates that the accused will be presumed innocent until proven guilty.
Lahuram and other persons had been put in judicial custody since last 30 months. The accused said social harmony could not be restored till their demands were fulfilled.
As of writing this update, four detainees – Bishram Kushmi, Kisan Lal Chaudhary, Laxman Tharu and Bishram Chaudhary – have been taken to hospital after their health condition worsened.
NHRC Concerns
On 7 March 2018, National Human Rights Commission (NHRC), issuing a press statement[3], expressed its serious concerns over the situation of those accused in judicial custody, who have been staging a hunger strike.
The NHRC, based on its monitoring visit to the custody, wrote to the government to ensure their right to life. The constitutional body also urged the agitating detainees to seek alternative ways than hunger strike to get their demands met.
Conclusion
THRD Alliance has been constantly and closely monitoring the developments following the Tikapur incident. The accused 23 persons have been languishing in judicial custody since the past 30 months and later Resham Chaudhary is also in the custody after he surrendered himself on 26 February 2018.
Against the backdrop, THRD Alliance believes in ending impunity and proper investigation of all kinds of killing and prosecution of those accountable for criminal activities. However, fair trial should be ensured in such a manner that there are no political and ethnic biases in criminal investigation and prosecution process.
THRD Alliance would like to reiterate, calling on the government authorities that trial proceedings should be expedited and the right to health and life while in judicial custody should be ensured.
We also urge the authorities to respect the mandate of the majority of people who voted for Resham Chaudhary and follow due process to hand him over the certificate of election victory.
Footnotes:
[1] THRD Alliance Calls for Urgent Measures to Avert Further Violence in Kailali District
[2] SC tells MP Resham Chaudhary to face trial
[3] NHRC’s Statement Regarding the Prisoners Hunger Strike in Dhangadhi Jail
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