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“Like We Are Not Nepali”

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Summary<br />

They fired teargas shells, scared the children. Everyone here is very scared,<br />

scared of the police. The women and children don’t want to go out of<br />

the house. <strong>We</strong> are being treated inhumanely, like second-class citizens.<br />

Like we are not Nepalis, like we’re criminals or terrorists.<br />

–A witness of police violence in Mahottari district, September 2015<br />

If an APF [Armed Police Force] personnel is obstructed from discharging his<br />

duties or is physically attacked, he may use necessary or final force in order<br />

to defend self, maintain law and order and to arrest the attacker.<br />

–Section 8, article 58(3) of the Nepali government's July 7 Armed Police<br />

Force regulation<br />

On September 11, 2015, police used teargas and opened fire on a group of protesters who<br />

were walking through the Mills <strong>Are</strong>a neighborhood on their way toward the center of<br />

Janakpur, a town in southern Nepal. Bullet marks on the houses testify to the use of live<br />

ammunition. According to residents, police chased fleeing protesters into residential<br />

compounds and attacked them there, even opening fire inside one man’s home.<br />

Fourteen-year-old Nitu Yadav was among the protesters. He attempted to hide from the<br />

police in some bushes. Four separate eyewitnesses described what happened next. In<br />

front of onlookers he was dragged from his hiding place by police officers, thrown to the<br />

ground, and, while an officer stood on his legs, shot dead in the face at point-blank range.<br />

Doctors who subsequently examined Yadav’s body confirmed that it bore injuries<br />

consistent with this account.<br />

Another protester, Sanjay Chaudhari, was hiding nearby. According to witnesses, he was<br />

shot in the back moments later as he attempted to flee. He died shortly after reaching<br />

hospital.<br />

Approximately 45 people were killed in the violent protests staged over Nepal’s new<br />

constitution during the months of August and September, almost all of which took place in<br />

1 HUMAN RIGHTS WATCH | OCTOBER 2015

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