PHA-Exchange> Fact findingn - Ramechhap (Phulashi) incident

[Mathura P Shrestha]

Report of Civil Society's Fact-Finding Mission on Ramechhap Phulashi Incident



  a.. Background:

  On June 20, 2003 Mr. Ram Bahadur Tamang alias Khir Lal Tamang (Yonjan) was killed by the military personnel. 

  According to the statement of the Ministry of Defense, the incident occurred as the army patrol came under the fire from an armed group and the security force retaliated. The wounded victim was transported by helicopter to Kathmandu but died in the course of treatment. Along with the wounded, one female activist Ms. Bishnu Thapa, was also arrested by the army personnel. According to the Maoists the victim was unarmed and was miking along with Ms. Bishnu Thapa and Ms. Chhahara, to appeal the local people to participate in the planned mass-meeting of Maoists in Doramba VDC  the ninth June. They were in a local house/shop to buy electric battery for the mike when they were surrounded unexpectedly and Mr. Khir Lal was murdered. Ms. Bishnu Thapa was arrested. Ms. Chhahara was able to escape the encirclement. According to a published statement by Mr. Lalit the Maoist Party Secretary of Ramechhap, the incident was orchestrated by a spy and the alleged spy will be arrested and liquidated. However Mr. Krishna Bahadur Mahara, the leader of CPN (Maoist) in the Doramba meeting declared that the Maoists are committed to peace without being distracted by such incident. 


  b.. Objectives of the Mission:

  We strongly feel that an active role of civil society is needed for an appropriate management of cease-fire between His Majesty's Government and CPN (Maoists) and to make the conflicting parties abide by the Code of Conduct agreed by them on March 13, 2003. Peace process will not be successful without the confidence of the people who are now terrorized by both parties. The vestige of anger, revenge and indiscipline and attitude of impunity among the conflicting parties may ferment such incidents and jeopardize the peace process and violate the Code of Conduct. On such occasion, fact finding reports, pressure to punish according to legal framework and to compensate the victim become prime necessity for which the people and civil societies should remain vigil and active. Such vigilance is needed even at a time when the risk of breakdown of peace process is relatively low. Thus, in order to prevent such incident, the Fact Finding Mission visited the place of incident and related field, collected relevant data to bring out the true account of the incident and to make it public.


  c.. Study Method:

  The "Civil Societies for Peace Building" constituted a seven-member fact finding mission under the leadership of Professor Dr. Mathura P. Shrestha. The team conducted on-the-spot investigation and study/observation and analyzed the information for three days from June 14-16, 2003. The team interviewed witnesses, authorities of different political parties, civil societies, journalists, and related personnel. In addition, several victims of human rights violation were interviewed in order to know their experiences and expectations. Interactive participatory discussions among different individuals, organizations, administration, security and military authorities were conducted to assess the human rights situation of the district and to determine the future roles of civil societies. The team also visited the prison in Ramechhap and interviewed political prisoners arrested prior to and after the cease fire.


  d.. Findings and Discussion:

  On June 5, 2003, three persons- Mr. Khir Lal alias Ram Bahadur Tamang of Daduwa VDC, Ms. Bishnu Kumari Thapa Magar of Doramba VDC, and other female said to be Ms. Chhahara were campaigning for public participation in the mass meeting of June 9 at Doramba by using a hand-mike and reached Ward No. 4 of Phulasi VDC. On the previous day (June 4) they had completed campaigning at the adjacent Gelu VDC. At about 9:00 AM, they reached the house/shop of Mr. Surya Man Tamang. Ms. Bishnu Kumari was drinking water from a jug provided by the owner, Ms. Chhahara was referring a book from her bag and Mr. Khir Lal was drinking water out of polythene pipe in the court yard. 

  At the very time 3-4 armed army personnel came from the lower terrace of the corn field and encountered them. Khir Lal exclaimed "Appai" and ran away in the corn field behind the brother-in-law's house. Bishnu Kumari too ran after him. There was a gully and bamboo grove about 60 feet away. He ran upwards towards his right side. The pursuing soldiers fired once at the site. When he reached on the field of Chamarsingh Tamang, about 70 feet away, another bullet was fired. From there he turned up and left about 50 feet, near a dug-well. In the front there was a steep slope upward and a gully towards the right and small pathway towards the left. Probably he fumbled a little there. With a third bullet fired, he fell down there (between a rock and a tree). By that time the soldiers reached there. One soldier bore him and brought down in the field in front of the house of Chamarsingh. The soldiers took turn to lift and throw the victim. The local witnesses observed the victim there in the condition of shock and weakness with perspiration all over the face and body. His hands and legs were tied and eyes covered. A straight bamboo was brought from the nearby toilet under construction. The bamboo was inserted between the tied hands and legs and two soldiers bore him like a 'tied pig'. When he was brought down the pathway for 15 minutes, obviously it became difficult to bear. Then the victim's waist was tied to the bamboo with a belt. 

  During the three hour's time of transport down the hill the victim's body was thrown in the ground several times with force. He was feebly wailing and asking for some water. He was rebuked and insulted instead. After half hour of transport the soldiers got a thick shawl from a house which was used to tie the body like 'dola'. All through, his head was hanging down. The observers witnessed blood oozing from the waist only after two hours of transportation. Prior to that, nobody had seen victim's blood. Nobody heard more than three rounds of gun-fire. Probably only the third bullet struck the victim. When the body was brought in front of a school down below, the students and witnesses saw his face drenched with sweat. However, the army personnel (all together 26 in number) did not allow anybody to come near to the victim.

  From the bamboo grove, from where Khir Lal turned right, Bishnu Kumari ran downward, towards the left. She encountered another group of soldiers about 50 feet below and she surrendered by raising her arms. She was taken by soldiers along with Khir Lal by tying her hands behind her body. Chhahara however was able to escape along with the school children going to school. According to Maoists she was later rescued. 

  Bishnu Kumari was put in police custody from where she was released on June 9 in presence of her brother, Mr. Dammar Bahadur. She is asked to report to police station on June 12. According to local lawyers she was not tortured in the custody. Khir Lal however was taken in a vehicle for about two kilometers from Milti Khola from where he was lifted to Kathmandu by a helicopter. He was taken to Military Hospital in Chhauni where he was declared dead 'during treatment'. His body was taken to TUTH for postmortem. His body was brought in Ramechhap and handed over to his relatives.

  The soldiers involved were from the Kirnetar Camp of Dolakha District. The witness counted 26 soldiers in the way (one hour walk below the place of incident) while returning. One group of witness shared the information that the name of the chairperson of the local village committee (the local government unit of Maoists) was also Ram Bahadur Tamang.


  e.. Conclusion and Recommendations:


  1.. Twenty six soldiers could easily arrest Khir Lal without firing. 

  The victims had only a hand-mike that was taken away by the army personnel. 

  The victims were in peaceful campaign as they were in previous day in Gelu.

  There was no attack from the victim's side as stated by the Ministry of Defense. Only three bullets were fired- all from the army side. Army contingent reached the place of half-an- hour walk, about one hour prior to the incident. The army personnel's operation appears to be pre-planned according to the circumstantial evidence.

  The nature of incidence was not according to the statement by the Ministry of Defense as Bishnu Kumari was released after five days.



  2.. The wounded victim was manhandled several times. The transportation mode was cruel and inhumane. Insults were uttered repeatedly and inhumanely. However, the initiatives taken to victim after reaching the road was appreciable.



  3.. The team found that Chief District Officer (CDO) and District Police Chief were not able to investigate the incident properly. The team was told that the local people were too terrified to speak. They also thought it improper because of the Maoists program in Doramba. Surprising fact was that they released the female prisoner without taking information from the Army (except the statement from the Ministry of Defense). The Mayor (the District Commander) of the Army refused to share information telling that he was not authorized. Surprising finding was that the Code of Conduct paper was not formally received by district government authorities. Civil administration is not able to control the army. The army is not concerned about the people's right to information. People are terrorized by both the state party and Maoists. The people say- "Whosoever get killed it is the poor and helpless people". 



  4.. The people shared extreme inhuman treatment of Maoists like slicing of body parts and sprinkling of salt and pepper, burning the victims alive, enucleation of eye balls, and execution by firing. The Code of Conduct is not respected by any party.

  During the earlier cease-fire Maoists raised donation in the districts. Later the government soldiers arrested donors and executed by firing.

  Both parties have not done needed rehearsals to win over the people's confidence. Threat to kill is uttered by both parties frequently and shamelessly. Both parties indulge terrorizing strategy.


  5.. We need to engage Maoists and government authorities. Civil societies need to take initiatives to repatriate the displaced personnel in their respective homes.


  6.. Both parties should be honest and committed to peace. If Maoists cannot observe the country's law, they should formulate one fast and should discipline their cadres.


  7.. The civil society should take initiatives in socializing processes. Joint health camp could be initiated by involving army personnel, civil societies and Maoists.


  8.. The Phulasi incident is a disgrace to the state party. It deters the peace process. It is addition terror to the people. Thus the incident should be investigated legally and culprit be punished.


Fact Finding Team:


  1.. Dr. Mathura P. Shrestha, Co-ordinator


  2.. Subodhraj Pyakurel, Member


  3.. Sarbaraj Khadka, Member


  4.. Krishna Belbase, Member


  5.. Sharmila Karki, Member


  6.. Shanti Adhikari, Member


  7.. Upendra Poudel, Member 


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