Nepal: Death of Tibetan monk and injuries to youth

                          Case NPL 240998

The International Secretariat requests your urgent intervention regarding 
the following situation in Nepal.

Brief description of the situation:

The International Secretariat of OMCT has just been informed by a 
reliable source of a police assault on a group of Tibetan monks, on 
September 15, 1998, that led to the death of Mr. Namchung Gyatso, a 27-
year old Tibetan monk and to the injuries of a 17 years old Yarphel, a 
tulku (reincarnated lama).

According to the information received, on September 15, 1998, during a 
clash between Nepalese police and a group of 56 Tibetans, Mr. 
Namchung Gyatso, from Ragya monastery in Amdo, Eastern Tibet, was 
shot and died shortly afterwards.  The Tibetans claim that Mr. 
Namchung Gyatso was left without medical assistance for an hour before 
taking him to the hospital.  Another monk, the Yarphel, sustained injuries 
in his leg. According to the police statements, they were acting in self-
defence, claiming that the Tibetan refugees attempted to assault them 
with knives. 

According to the same information, the incident occurred after the police 
had arrested the group of Tibetan refugees, composed mainly of monks, 
in Katari and brought them to the police station in the village of Katari, 
which is close to the Indian border and 100 km east of Kathmandu.  
According to the information received, the incident broke out at the 
police station when one policeman started hitting a 17-year old boy in 
the leg. The police retaliated by firing gun shots, at least three times 
according to the Tibetans.

According to the Katari police authorities, four Nepalese policemen were 
reportedly injured during the incident: Inspector Narendra Subba, head 
constable Dulachan Chowdhary and constable Khil Bahadur Basnet and 
Chudamani Thapa; they were discharged from the hospital after 
sustaining "minor injuries".

Kharel Ramesh, deputy super-intendent of the police in Katari, claims 
that all of the Tibetans were carrying knives and that Mr. Namchung 
Gyatso had attempted to stab one of the policemen. The two injured 
monks were taken to the hospital (a 7-hour journey) but Mr. Gyatso died 
before arriving to the hospital.  However, the Tibetans have asserted that 
the alleged delay of one hour before taking them to the hospital caused 
Mr. Gyatso to loose much blood.

Actions requested:
Please write to the Nepalese authorities urging them to:

i.  carry out a serious investigation into the murder of Mr. 
    Namchung Gyatso, in order to identify, prosecute and 
    punish those persons responsible, according to the 
    law and to international human rights standards.

ii  ensure that Mr. Namchung Gyatso's family and the 
    religious community he belonged to, obtain adequate 
    compensation;

iii.take all necessary measures to guarantee the physical 
    and psychological integrity of the 17 year-old Yarphel, 
    a tulku (reincarnated lama),and ensure him access to 
    adequate medical assistance;

  iv  ensure that he receive appropriate redress and 
    compensation;

v   guarantee an impartial and exhaustive inquiry into the 
    facts concerning all human rights violations, identify 
    those responsible, bring them to trial and apply the 
    penal, civil and/or administrative sanctions provided 
    by legislation;

  
  vi. ensure in all circumstances respect for human rights 
    and fundamental freedoms in accordance with national 
    laws and international standards, and in particular, 
    treat refugees with human dignity and according to 
    standards set up by the UN High Commissioner for 
    Refugees.


Addresses:
Prime Minister Girija Koirala. Singh Darbar, Kathmandu Fax : + 977 1 
227286 Tel : +977 1 227955

The Minister for Home Affairs, Ministry of Home Affairs, Singh Darbar, 
Kathmandu, Nepal. Fax : + 977 1 227 187 Tel: +977 1 224737

Mr Moti Lal Bohra, Inspector General of Police, Police Headquarters, 
Naxal, Kathmandu, Nepal. Fax: + 977 1 415 594 Tel :+977 1 411210

Minister of Law and Justice, Singh Darbar, Kathmandu, Nepal. 

Inspector General of Police, Police Headquarters, Naxal, Kathmandu, 
Nepal. Fax: + 977 1 415 594 Tel :+977 1 411210

Attorney General of Nepal, Office of Attorney General of Nepal, Singh 
Darbar, Kathmandu, Nepal. Fax: + 977 1 22 72 82 Tel :+977 1 227197

Geneva, September 24, 1998
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this appeal in your reply.

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